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CC SR 20220405 06 - AB 361 CITY COUNCIL MEETING DATE: 04/05/2022 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to receive a report on the future of meeting format options for City legislative bodies. RECOMMENDED COUNCIL ACTION: (1) Receive and file a report on the future of meeting format options for City legislative bodies. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: William W. Wynder, City Attorney REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Executive Order N-15-21 (page A-1) B. Assembly Bill No. 361 (page B-1) BACKGROUND: In light of the recent lifting of indoor masking requirements in Los Angeles County, at the March 15, 2022, City Council meeting, Councilmember Cruikshank requested a report on the future of meeting format options for the City Council, Planning Commission, and all other City committees (known in the law as “legislative bodies” subject to the open meeting law known as the Ralph M. Brown Act). Councilmember Cruikshank also sought information from the City Attorney’s Office on how the eventual lifting of the COVID-19 state of emergency declaration and implementing executive orders will impact meeting formats and how the City can continue to offer the option of virtual (Zoom) participation to the public, which has provided a convenient platform for civic engagement over the past two years. 1 This report will summarize the City’s meeting format practices since the start of the pandemic, executive orders and legislation that have gone into effect related to meeting teleconferencing, and potential future options for City meeting formats post-pandemic emergency orders. DISCUSSION: History of City Meeting Formats During the Pandemic In early March 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Orders N-25-20, N-29-20, N-35-20 which, among other things, suspended the provisions of the Brown Act requiring the physical presence of council members, commissioners, board members, committee members, staff, or the public at meetings subject to the Act. On March 17, 2020, in response to the Governor’s orders, the City Council held its first virtual-only meeting in response to the COVID-19 pandemic, with Councilmembers, Staff, and the public participating over Zoom. The Planning Commission and committees also began holding virtual-only meetings over Zoom. On June 11, 2021, the Governor issued Executive Order N-08-21 which provided that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act would permit City legislative bodies to meet in a hybrid environment with limited in-person attendance. The City Council had already been meeting in a hybrid in-person/virtual format and McTaggart Hall since May 2020, with limited in-person attendees and COVID-19 safety protocols in place. The Planning Commission transitioned to hybrid in-person/virtual meetings in July 2021, though committee meetings remained virtual-only. Public participation in City Council and Planning Commission meetings has switched between hybrid and virtual-only as COVID-19 cases surged and decreased in Los Angeles County, and restrictions tightened and eased. On September 16, 2021, the Governor signed Assembly Bill No. 361 (AB 361), which allows the City’s various legislative bodies to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements meetings and specifically allowed for all City legislative bodies to hold meetings entirely virtually with no physical meeting place or in a hybrid environment with partial in-person meetings. In order to conduct such hybrid or entirely virtual meetings, the City Council is required to make specific findings in support of continuing such meetings every 30 days by adopting a resolution making findings by majority vote on the circumstances of the applicable state of emergency and find either: 1. The state of emergency continues to directly impact the ability of its members to safely meet in person; or 2. That state or local officials continue to impose or recommend COVID -19 2 infection protocols that impact the quality of Brown Act meetings. Current Status of City Meeting Formats Currently, the City Council and Planning Commission continue to meet in a hybrid format, with public participation in person and via Zoom, as authorized by AB 361 by adopting, every 30 days, the required AB 361 resolution. The City’s committees continue to meet virtually only; however, some committees are transitioning to a hybrid format. AB 361 expires in January 2024, so long as the Governor has declared a state of emergency. As of the writing of this report, it is unknown when the emergency declaration will be lifted. On March 3, 2022, Los Angeles County released a new health order that revised mask and vaccination verification requirements. As of March 4, 2022, masking and vaccination verifications are no longer required for indoor public settings, but are now only “strongly recommended.” In order to maintain the status quo of hybrid meetings, the City Council may continue to adopt AB 361 resolutions Future of City Meeting Format Options Upon the expiration of AB 361, or in the event the Governor rescinds his declaration of emergency, all meetings of the City’s various legislative bodies will be required to comply with the “original” Brown Act. Reverting to the “original” Brown Act rules will require that all members of all City legislative bodies will be required to attend Brown Act meetings in person (subject to the restrictive teleconferencing rules in the Act, but excluding participation by Zoom). However, the in-person rules of the Brown Act do not prevent the City Council from authorizing, by resolution, public oral communications/public hearing testimony via Zoom or some other telecommunications platform. In order to allow for this flexible and convenient public participation approach after the expiration of AB 361 or the emergency declaration, whichever comes first, the City Council could consider adopting a new resolution relating to public “Brown Act” meetings to allow the City to conduct public meetings of the City’s various legislative bodies either as all in -person or hybrid. Even then, it would be advisable that such a resolution be re-issued every 30 days to confirm the continuity of flexibility in holding meetings of the City’s various legislative bodies. Any such resolution could not permit Zoom participation by members of any City legislative body (beyond the telecommunications rules of the “original” Brown Act). If the City Council desires to consider adopting such a resolution in the future to ensure the public can still participate in meetings remotely, the Council could direct Staff to bring such a resolution to the first appropriate meeting for consideration prior to the expiration of AB 361 in January 2024 or the lifting of the emergency declaration, whichever comes first. In the meantime, the City Council may continue to adopt AB 361 resolutions every 30 days to maintain the status quo of conducting hybrid meetings. 3 ADDITIONAL INFORMATION: It should be noted that two pending bills in the State Legislature could impact options for future meetings. AB 2449 would authorize a local agency to use teleconferencing without complying with teleconferencing requirements if a quorum of the legislative body members participate in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. This measure would imp ose requirements for this exception relating to notices, agendas, the means and manner of access, and procedures for disruptions. AB 1944 would allow members of a local legislative body, upon majority vote, to allow members to waive Brown Act requirements to publish their private address and make their private address open to members of the public when participating virtually. Legislative bodies would be required to live-stream their meetings and offer the public a remote participation option. 4 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-15-21 WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a resu lt of the threat of COVID-19; and WHEREAS on June 11, 2021, I issued Executive Order N-08-21 to roll back certain provisions of my COVID-19-related Executive Orders and to clarify that other provisions remained necessary to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic; and WHEREAS Paragraph 42 of Executive Order N-08-21 waived and set forth certain requirements related to public meetings of local legislative and state bodies, and specified that it would be valid through September 30; and WHEREAS on September 16, 2021, I signed into law Assembly Bill 361 (AB 361) , which pertains to the same subject matter as Paragraph 42 of Executive Order N-08-21, which took effect immediately pursuant to an urgency clause, and which may, in some instances, have different substantive provisions than the provisions contained in Paragraph 42 of Executive Order N-08-21; and WHEREAS it is necessary to provide clarity around the applicable procedures governing meetings of local legislative and state bodies until Paragraph 42 of Executive Order N-08-21 expires to further mitigate the impacts of the COVID-19 pandemic as the state continues to reopen and to ensure that critical governmental functions are not interrupted. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: 1. The provisions governing teleconference meetings i n Education Code section 89305.6, Government Code section 11133, and subdivision (e) of Government Code section 54953 are suspended through September 30, 2021, except that any local legislative body that meets to take a majority vote pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Government Code section 54953 shall conduct the meeting at which such vote is taken as required by paragraph (2) of subdivision (e) of Government Code section 54953. Except as otherwise specified in this paragraph, the requirements related to public meetings of local legislative and state bodies specified in Paragraph 42 of Executive Order N-08-2 1 sha ll continue to govern such meetings through September 30, 2021 . 2. This Order shall expire at 11 :59 p.m. on October 1, 2021. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. A-1 This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 20th day of September 2021 . GAVIN NEWSOM Governor of California ATTEST: SHIRLEY N. WEBER, Ph.D. Secretary of State A-2 (i) STATE Of CALIFORNIA 't<gG~;/r' AUTHENTICATED BURtAV ELECTRONIC LEGAL MATERIAL Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal , and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16 , 2021. Fil ed with Secretary of State September 16 , 2021.] LEGISLATIVE COUNSEL'S DIGEST AB 361 , Robert Rivas. Open meetings: state and local agencies : teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate . The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities , as defined . The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void . Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances . Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 B-1 Ch.165 -2- resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill , until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M . Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing , during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided . This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas , as described , to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency 's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings , as specified. This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring , as a condition to attend a meeting, a person to register the person 's name , or to provide other information, or to fulfill any condition precedent to the person 's attendance. 92 B-2 -3-Ch.165 This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act , requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic , provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities , as specified. This bill , until January 31 , 2022, would authorize , subject to specified notice and accessibility requirements , a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions , the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public . The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements , a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 B-3 Ch.165 -4- to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions , the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature 's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of pub) ic officials and agencies , to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and ( e ), a legislative body may hold public meetings through teleconferencing 92 B-4 -5-Ch.165 and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section , all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public . (C) Members of the public may address the legislative body at each teleconference conference location . (D) Post agendas at all teleconference locations . (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. ( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the legislative body allow m embers of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. ( d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U .S .C. Sec . 12101 et seq .), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise , each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following : ( 1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article , and using the means otherwise prescribed by this article , as applicable. 92 B-5 Ch.165 -6- (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to , posting such means on the legislative body's internet website. (t) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022 , and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and ( e ), a state body may hold public m eetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended : (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public . (C) Members of the public may address the state body at each teleconference conference location . (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. ( c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 B-6 -7-Ch.165 or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. ( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (I) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities , consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec . 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time . Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to , posting such means on the state body 's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31 , 2022 , and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 92 B-7 Ch.165 -8- 54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body ofa local agency elects to use teleconferencing , it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action . (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries , salary schedules , or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public 's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. 92 B-8 -9-Ch.165 ( d) ( 1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes , if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018 .7, 14087 .31, 14087 .35, 14087 .36, 14087 .38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 ( commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code , and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 ( commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. ( e) ( 1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances : (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees . (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote , pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees . (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following : (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 B-9 Ch.165 -10- In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option . This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency 's control which prevents members of the public from offering public comments using the call-in option or internet-based service option , the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time . This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3 , an individual desiring to provide public comment through the use of an internet website , or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item , or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed . (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 B-10 -11-Ch.165 (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall , not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article I (commencing with Section 8550) of Chapter 7 of Division I of Title 2). (f) This section shall remain in effect only until January I, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public , and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (I) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public . During the teleconference, at least a quorum of the members of the legislative body 92 B-11 Ch.165 -12- shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954 .3 at each teleconference location . (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action . (3) Prior to taking final action , the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken . This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation . ( d) ( 1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes , if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision , a health authority means any entity created pursuant to Sections 14018.7 , 14087 .31, 14087 .35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 ( commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code , and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 B-12 -13-Ch.165 2 .2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. ( e) ( 1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances : (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing . (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote , pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees . (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following : (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954 .3 . In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option . This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency 's control which prevents members of the public from offering public comments using the call-in option or internet-based service option , the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 B-13 Ch.165 -14- the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3 , an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed . (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote : (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing . (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 B-14 -15-Ch.165 of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing , it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. ( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action . (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries , salary schedules, or compensation paid in the form of fringe benefits of a local agency executive , as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken . This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title l) to inspect or copy records created or received in the process of developing the recommendation. ( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, 92 B-15 Ch.165 -16- members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction , and the health authority provides a teleconference number, and associated access codes , if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7 , 14087.31, 14087.35, 14087.36 , 14087 .38 , and 14087 .9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 ( commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code , and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. ( e) This section shall become operative January 1, 2024 . SEC. 4.1 . Section 54953 is added to the Government Code , to read: 54953. (a) All meetings of the legislative body ofa local agency shall be open and public , and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations . (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing , it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 B-16 -17-Ch.165 legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public . During the teleconference , at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both . Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action , the legislative body shall orally report a summary of a recommendation for a final action on the salaries , salary schedules, or compensation paid in the form of fringe benefits of a local agency executive , as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken . This paragraph shall not affect the public 's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. ( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7 , 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 B-17 Ch.165 -18- powers authority created pursuant to Article 1 ( commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087 .3 of the Welfare and Institutions Code , and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2 .2 ( commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members . ( e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339 , in which case Section 54953 of the Government Code , as amended by Sections 3 and 4 of this bill , shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative . SEC . 6 . It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17 , 2020 , permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC . 7 . The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies . Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings , and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. 92 B-18 -19-Ch.165 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code , and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member 's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are : In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health , wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92 B-19