HomeMy WebLinkAboutItem 8c. Amend Council Policies and Procedures Manual to implement Hybrid City Council Meetings (AB 2446) Item 8c
Department: Administration
Cost Center: 1021
For Agenda of: 5/2/2023
Placement: Business
Estimated Time: 45 Minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: AMENDMENTS TO THE COUNCIL POLICIES AND PROCEDURES
MANUAL TO IMPLEMENT HYBRID CITY COUNCIL MEETINGS (AB
2446)
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing policies and procedures for compliance with Assembly
Bill 2449 relating to teleconference participation in Legislative Meetings” which would
implement hybrid City Council meetings.
POLICY CONTEXT
The Council Policies and Procedures Manual, last updated on April 19, 2022, outlines the
meeting guidelines and procedures for City Council meetings. Amendments to this
document must be approved by Council Resolution (Attachment A).
Assembly Bill 2449 (Rubio) (Attachment B) became effective on January 1, 2023. This
bill amends the Brown Act with respect to limited virtual (teleconference) participation in
legislative meetings by legislative body members.
DISCUSSION
Background
Hybrid meetings allow Council, staff, consultants, and the public to participate in Council
meetings through a teleconferencing platform in addition to the options available for in-
person participation. The City of San Luis Obispo used Zoom during the COVID -19
pandemic to hold all Council and Advisory Body meetings. When meetings returned to an
in-person format, the use of teleconferencing was discontinued due to audio and video
equipment limitations for hybrid meetings in the Council Chamber and the need to provide
additional staff resources to manage the technology and complexity of setting up and
administering hybrid meetings.
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Item 8c
At the February 15, 2022, City Council meeting, Council allocated funding to upgrade the
audio and video equipment in the Council Chamber and Council Hearing Room to allow
for hybrid meetings. Due to supply chain issues, the equipment was back ordered until
December 2022. The equipment has since been installed and tested, enabling Council to
implement hybrid meetings. A half-time position was also added; however, the position
has remained vacant. Staff will recruit for the position prior to the anticipated July 1st start
of hybrid City Council meetings.
Assembly Bill 2449 (Rubio)
On September 13, 2022, Governor Newsom signed Assembly Bill (AB) 2449 (Rubio) into
law, which became effective on January 1, 2023. The bill further amends the Brown Act
regarding remote (teleconference) participation in meetings of legislative bodies that are
subject to the Brown Act by allowing individual members of legislative bodies increased
flexibility to participate in meetings via teleconference in the event of a personal
emergency, without a declared state of emergency, provided that certain requirements
are met. Such requirements and stated procedures set forth by AB 2449 are detailed
below. These requirements inform the changes that need to be implemented to be in
compliance with AB 2449 and how staff will run hybrid City Council meetings.
Brown Act - Teleconferencing
Traditional Teleconference Regulations. The requirements for traditional
teleconferencing included the publication of the member’s physical address on the
agenda itself as well as the posting of the agenda, allowing public access, calling for
public comments, and ensuring ADA access, at the remote location. This traditional
model remains available in the event a Council Member wishes to comply with this
option.
New Teleconference Regulations / AB 2449. Beginning January 1, 2023, AB 2449
further amended the Brown Act to regulate telec onference participation in legislative
meetings, offering a complex alternative to traditional teleconference options. This bill
significantly limits the use of remote teleconferencing compared to that which had
been permitted under emergency teleconference regulations enacted at the start of
the COVID-19 pandemic. AB 2449 regulates only attendance by legislative body
members and does not regulate attendance by staff or the public.
Implementation of AB 2449 – New Teleconferencing Regulations
Key provisions of the bill are outlined below. Procedures for these provisions are
proposed to become a new section in Council Policies and Procedures Manual
(Attachment C).
Quorum Requirement:
A quorum of the Council (three members) must participate at a singular physical
meeting location identified on the agenda, which must be within the city limits and
open to the public. This means that no more than two Council Members may utilize
these AB 2449 teleconference provisions at one meeting. If fewer than three
members could not be physically present at the beginning of a meeting, the
meeting shall not be called to order, absent a declared emergency.
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Item 8c
Limitations on Use:
Council Members may participate remotely under AB 2449 a limited number of
times per year, depending on which exception was selected, “Just Cause” or
“Emergency Circumstance,” as defined in the bill.
Selection of an Exception:
Council Members wishing to participate remotely under AB 2449 may do so either
for “Just Cause” or “Emergency Circumstances,” as those terms are defined by the
bill.
Just Cause Exception:
This exception may be used in cases of caregiving for a dependent;
contagious illness; need related to a physical or mental disability; or official
governmental travel.
Capped at two meetings per calendar year regardless of the Council’s
meeting schedule.
Emergency Circumstances Exception:
This exception may be used in cases of a physical or family medical
emergency that prevents a Council Member from attending in person.
Capped at 20% of the regular meetings within a calendar year (four City of
San Luis Obispo Council meetings per year).
Other Provisions:
Each agenda must describe how members of the public may observe or
attend the meeting and offer public comment, including a way to attend via
teleconference platform. Members of the public must be allowed to make
public comments in real-time (in-person or through teleconference) during
all allotted public comment periods.
Council Members wishing to attend by teleconference must make a request
to the Council at the earliest possible opportunity, up to and including at the
start of a meeting. During the meeting, the Council must act by majority
vote to approve or deny the request.
Council Members must also provide a “general description” of the
circumstances relating to the member’s need to participate remotely, which
need not be more than 20 words or disclos e any personal medical
information.
Council Members must disclose, before any action is taken, whether any
individuals 18 years of age or older are present in the room at the remote
location, and the general nature of the member’s relationship with the
individual. This disclosure must take place during the meeting itself, even
if the notification and description were given in advance.
Council Members participating remotely must participate through both audio
and visual technology.
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Item 8c
All votes taken at a meeting where a Council Member attends by
teleconference, under provisions of AB 2449, must be taken by roll call vote.
Meeting proceeding must be suspended in the event of a disruption that
prevents the transmittal of meeting video and audio to the public or prevents
the receipt of public comment on the teleconference platform until meeting
audio and video service are restored.
Implementation of Hybrid Council Meetings in compliance with AB 2449
The following proposed changes have been incorporated into Council’s Policies and
Procedures (Attachment C, Legislative Draft of the Council Policies and Procedures
Manual).
Agendas:
Agendas will be modified to provide a Zoom link to access the meeting and
instructions on how to provide public comment when attending in person or
via teleconference. Agendas will also include a statement that the meeting
shall be suspended in the event of a disruption that prevents the transmittal
of meeting video and audio to the public via teleconference platform; or in
the event of a disruption within the City’s control that prevents members of
the public from making public comments via the teleconference platform.
The Council shall take no further action on agenda items until public access
to the meeting via teleconference platform is restored. If access cannot be
restored within a reasonable amount of time, the Mayor shall announce that
the meeting is adjourned to a future date and time.
A section was added before the Call to Order for AB 2449 Teleconferencing
Requests.
Public Comment – How Public Comment will be Called:
Public comments will be taken from those in-person first and then from
those attending via teleconference.
After the staff presentation, the Mayor will announce that Public Comment
will start after Council questions and members of the public should submit
their speaker cards or raise their virtual hand if attending via teleconference.
After a reasonable amount of time has taken place, the Mayor shall close
the Public Comment period and the Clerk will announce the total number of
in-person public comment requests and the total teleconference requests.
Once the Public Comment period is closed, no additional speaker cards or
raised hands will be accepted. This will allow for a fair allocation of time
among all known speakers.
When called upon to speak, the speaker states their name for the record
and identifies the organization or group represented if speaking for an
organization or other group.
All remarks should be addressed to City Council as a whole, not to individual
members thereof.
Questions, if any, should be directed to the Mayor who will determine
whether, or in what manner, an answer will be provided.
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Item 8c
Other Provisions:
Add a new section to Council Policies and Procedures Manual for AB 2449
compliance, which will outline all the implementation processes for
compliance.
Add to Section 1.1.4.2 that hybrid meetings can only be conducted for
meetings held in City Hall due to the need for specialized audio and video
equipment.
Applicability to Advisory Bodies
AB 2449 could be implemented for all of the City’s Advisory Bodies but, currently, staff is
not recommending this approach. This would have an impact on the staff liaisons since
they would have to run the meeting and the teleconference component or have an
additional staff member attend the meeting. The City Clerk’s Office is planning to
complete the biennial update of the Advisory Body Handbook and Bylaws in December
of 2023; it is recommended that the implementation of hybrid meetings for Advisory
Bodies be reviewed as part of this update.
Public Engagement
Public comment can be provided to the City Council through written correspondence
received prior to the meeting and through a public comment at the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes/No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
Funding for hybrid meetings was approved at the mid -year budget hearing on February
15, 2022 (Staff Report).
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Item 8c
ALTERNATIVES
1. Council could decide not to implement a hybrid option for City Council
meetings.
2. Council could decide not to implement procedures for compliance with AB
2449. This would limit Council’s ability to participate remotely in council meetings to
only in-person or using the traditional Brown Act teleconference option.
3. Council could direct staff to make additional revisions to the Council’s Policies
and Procedures Manual relating to hybrid meetings.
4. Council could immediately direct staff to implement hybrid meetings for all the
Advisory Bodies. If this is Council’s desire, then staff recommends a phased
approach starting with Planning Commission and adding in the remaining bodies after
Staff has recommended any additional staffing or other resources to support hybrid
meetings for all 17 committees/commissions.
ATTACHMENTS
A - Draft Resolution amending Council Policies and Procedures Manual to implement
Hybrid Meetings
B - AB 2449 (Rubio) Brown Act Teleconference
C - Council Policies and Procedures Manual (Legislative Draft)
Page 316 of 349
R _____
RESOLUTION NO. _______ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING POLICIES AND
PROCEDURES FOR COMPLIANCE WITH ASSEMBLY BILL 2449
RELATING TO TELECONFERENCE PARTICIPATION IN
LEGISLATIVE MEETINGS
WHEREAS, Assembly Bill 2449, effective January 1, 2023, amends the Brown
Act, California Government Code Sections 54950 et seq., as it pertains to
teleconference meeting participation by legislative body members; and
WHEREAS, AB 2449 will significantly curtail the ability of legislative body
members to attend meetings virtually as compared to the relaxed teleconferencing
laws that were enacted at the beginning of the COVID-19 and have seen been in
effect; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 1 of the Council Policies and Procedures shall be
amended as follows.
1.1.2 REGULAR MEETINGS
1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm
Street, in the City of San Luis Obispo (Ordinance No. 677). Council
meetings will also be streamed via teleconference only in City Hall.
1.1.4 SPECIAL MEETINGS
1.1.4.2 Any special meeting held at a place other than City Hall shall be
open to the public. Such meetings shall be held within the city
limits. Notice requirements of the Brown Act shall be complied
with for any such meetings; regular minutes shall be taken by the
City Clerk and shall be available for public inspection. Meetings
not held in City Hall will not be streamed through teleconference.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Council AB 2449 Requests for Teleconferencing
1.2.7.2 Call to Order
1.2.7.3 Roll Call
1.2.7.4 Pledge of Allegiance
1.2.7.5 Closed Session Report (if any)
1.2.7.6 City Manager’s Report
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Resolution No. ______ (2023 Series) Page 2
R ______
1.2.7.7 Presentations /Appointments
1.2.7.8 Public Comment
1.2.7.9 Consent Agenda
1.2.7.10 Public Hearings and Business Items
1.2.7.11 Liaison Reports and Communications
1.3.7 PUBLIC COMMENT
1.3.7.1 Immediately prior to scheduled public hearings, members of the
public may address the City Council on items that are not on the
printed agenda or items on the Consent Agenda. A time limit of
three minutes is provided. A speaker may not yield time to
another speaker. A speaker slip should be filed with the City
Clerk but is not required in order to speak.
1.3.7.1.1 For all hybrid (in-person and via teleconference)
Those requesting to speak in-person will be called first
then those requesting to speak via te leconference will
be called. All requests to speak should be submitted
before the Public Comment period starts.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
1.3.7.3.1 Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to the
Council, not the audience.
1.5 AB 2449 – NEW TELECONFERENCING REGULATIONS
1.5.1 Quorum Requirement: A quorum of the Council (three members) must
participate at a singular physical meeting location identified on the
agenda, which must be within the city limits and open to the public. This
means that no more than two Council Members may utilize these AB
2449 teleconference provisions at one meeting. If fewer than th ree
members could not be physically present at the beginning of a meeting,
the meeting shall not be called to order except during a declared
emergency.
1.5.2 Limitations on Use: Council Members may participate remotely under AB
2449 a limited number of times per year, depending on which exception
was selected, “Just Cause” or “Emergency Circumstances.”
1.5.2.1 Just Cause Exception. This exception may be used in cases of
caregiving for a dependent; contagious illness; need to be
related to a physical or mental disability; or official governmental
travel. Capped at two (2) meetings per calendar year regardless
of the Council’s meeting schedule.
Page 318 of 349
Resolution No. ______ (2023 Series) Page 3
R ______
1.5.2.2 Emergency Circumstances Exception. This exception may be
used in cases of a physical or family medical e mergency that
prevents a Council Member from attending in person. Capped
at 20% of the regular meetings within a calendar year (four (4)
City of San Luis Obispo Council meetings per year).
1.5.3 Each agenda must describe how members of the public may observe or
attend the meeting and offer public comment, including a way to attend
via teleconference platform. Members of the public must be allowed to
make public comments in real-time (in-person or through teleconference)
during all allotted public comment periods.
1.5.4 Council Members wishing to attend by teleconference must make a
request to the Council at the earliest possible opportunity, up to and
including at the start of a meeting. The Council must act by majority
vote, during the meeting, to approve or deny the request.
1.5.4.1 Council Members must also provide a “general description” of
the circumstances relating to the member’s need to participate
remotely, which need not be more than 20 words or disclose
any personal medical information.
1.5.4.2 Council Members must disclose before any action is taken,
whether any individuals 18 years of age or older are present in
the room at the remote location, and the general nature of the
member’s relationship with the individual. This disclosure must
take place during the meeting itself, even if the notification and
description were given in advance.
1.5.4.3 Council Members participating remotely must participate
through both audio and visual technology.
1.5.5. All votes taken at a meeting where a Co uncil Member attends by
teleconference, under provisions of AB 2449, must be taken by roll call
vote.
1.5.6 Meeting proceeding must be suspended in the event of a disruption that
prevents the transmittal of meeting video and audio to the public or
prevents the receipt of public comment on the teleconference platform
until meeting audio and video service are restored.
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Resolution No. ______ (2023 Series) Page 4
R ______
SECTION 2. Resolution Number 11341 (2022 Series) is hereby repealed and
superseded to the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 202 3.
__________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, on ______________________.
_________________________
Teresa Purrington
City Clerk
Page 320 of 349
SHARE THIS:Date Published: 09/14/2022 09:00 PM
AB-2449 Open meetings: local agencies: teleconferences.(2021-2022)
Assembly Bill No. 2449
CHAPTER 285
An act to amend, repeal, and add Sections 54953 and 54954.2 of the Government Code, relating to local
government.
[ Approved by Governor September 13, 2022. Filed with Secretary of State
September 13, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2449, Blanca Rubio. Open meetings: local agencies: teleconferences.
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 generally requires posting an agenda at least 72 hours before a regular meeting that
contains a brief general description of each item of business to be transacted or discussed at the meeting, and
prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The
act authorizes a legislative body to take action on items of business not appearing on the posted agenda under
specified conditions. The act contains specified provisions regarding providing for the ability of the public to
observe and provide comment. 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.
Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with
those specified teleconferencing requirements in specified circumstances when a declared state of emergency is
in effect, or in other situations related to public health.
This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a
local agency to use teleconferencing without complying with the teleconferencing requirements that each
teleconference location be identified in the notice and agenda and that each teleconference location be accessible
to the public if at least a quorum of the members of the legislative body participates in person from a singular
physical location clearly identified on the agenda that is open to the public and situated within the local agency’s
jurisdiction. Under this exception, the bill would authorize a member to participate remotely under specified
circumstances, including participating remotely for just cause or due to emergency circumstances. The
emergency circumstances basis for remote participation would be contingent on a request to, and action by, the
legislative body, as prescribed. The bill, until January 1, 2026, would authorize a legislative body to consider and
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Page 321 of 349
take action on a request from a member to participate in a meeting remotely due to emergency circumstances if
the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for
which the request is made. The bill would define terms for purposes of these teleconferencing provisions.
This bill would impose prescribed requirements for this exception relating to notice, agendas, the means and
manner of access, and procedures for disruptions. The bill would require the legislative body to implement a
procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, consistent with federal law.
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.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of
public bodies and the writings of public 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.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54953 of the Government Code, as amended by Section 3 of Chapter 165 of the Statutes of
2021, 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, except as otherwise provided in this
chapter.
(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
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. If the legislative body of a local agency
elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall.
(B) The teleconferenced meetings shall be conducted 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.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this
chapter.
(D) 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.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations. 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).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
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(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
(Division 10 (commencing with Section 7920.000) 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 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) The legislative body of 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) 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.
(B) In the event of a disruption that prevents the legislative body 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 that prevents members of the public from offering public
comments using the call-in option or internet-based service option, the legislative 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 that prevents
the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C) 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.
Page 323 of 349
(D) 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.
(E) (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) This subdivision shall not be construed to require the legislative body to provide a physical location from
which the public may attend or comment.
(f ) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of
subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body
participates in person from a singular physical location clearly identified on the agenda, which location shall be
open to the public and situated within the boundaries of the territory over which the local agency exercises
jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may
remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting.
(B) 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.
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative
body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at
the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body 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 that prevents members of the public from offering public
comments using the call-in option or internet-based service option, the legislative 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 that prevents
the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.Page 324 of 349
(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.
(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.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this
subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of
a regular meeting, of their need to participate remotely for just cause, including a general description of
the circumstances relating to their need to appear remotely at the given meeting. The provisions of this
clause shall not be used by any member of the legislative body for more than two meetings per calendar
year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to
emergency circumstances and the legislative body takes action to approve the request. The legislative
body shall request a general description of the circumstances relating to their need to appear remotely at
the given meeting. A general description of an item generally need not exceed 20 words and shall not
require the member to disclose any medical diagnosis or disability, or any personal medical information
that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter
1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this
clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as
soon as possible. The member shall make a separate request for each meeting in which they seek to
participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest
opportunity. If the request does not allow sufficient time to place proposed action on such a request
on the posted agenda for the meeting for which the request is made, the legislative body may take
action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section
54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken, whether any other
individuals 18 years of age or older are present in the room at the remote location with the member, and
the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology.
(3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to
participate in meetings of the legislative body solely by teleconference from a remote location for a period of
more than three consecutive months or 20 percent of the regular meetings for the local agency within a
calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per
calendar year.
(g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for
reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which
notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the
legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and
nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional
teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional
physical locations in which the public may observe and address the legislative body by electronic means.
Page 325 of 349
(j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from
attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic
partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and
“sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person.
(C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not
otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting
pursuant to subdivision (f ), other than any physical meeting location designated in the notice of the meeting.
Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any
physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via
webcasting or another similar electronic medium that does not permit members to interactively hear, discuss,
or deliberate on matters, does not constitute remote participation.
(5) “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).
(6) “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.
(7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to
participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8) “Two-way telephonic service” means a telephone service that does not require internet access, is not
provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen
and verbally participate.
(9) “Webcasting” means a streaming video broadcast online or on television, using streaming media
technology to distribute a single content source to many simultaneous listeners and viewers.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2. Section 54953 of the Government Code, as added by Section 4 of Chapter 165 of the Statutes of 2021,
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, except as otherwise provided in this
chapter.
(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
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. If the legislative body of a local agency
elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall.
(B) The teleconferenced meetings shall be conducted 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.
Page 326 of 349
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this
chapter.
(D) 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.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations. 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).
(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
(Division 10 (commencing with Section 7920.000) 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 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) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of
subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body
participates in person from a singular physical location clearly identified on the agenda, which location shall be
open to the public and situated within the boundaries of the territory over which the local agency exercises
jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may
remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting.
(B) 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.
Page 327 of 349
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative
body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at
the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body 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 that prevents members of the public from offering public
comments using the call-in option or internet-based service option, the legislative 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 that prevents
the legislative body 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.
(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.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this
subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of
a regular meeting, of their need to participate remotely for just cause, including a general description of
the circumstances relating to their need to appear remotely at the given meeting. The provisions of this
clause shall not be used by any member of the legislative body for more than two meetings per calendar
year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to
emergency circumstances and the legislative body takes action to approve the request. The legislative
body shall request a general description of the circumstances relating to their need to appear remotely at
the given meeting. A general description of an item generally need not exceed 20 words and shall not
require the member to disclose any medical diagnosis or disability, or any personal medical information
that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter
1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this
clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as
soon as possible. The member shall make a separate request for each meeting in which they seek to
participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest
opportunity. If the request does not allow sufficient time to place proposed action on such a request
on the posted agenda for the meeting for which the request is made, the legislative body may take
action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section
54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken whether any other
individuals 18 years of age or older are present in the room at the remote location with the member, and
the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology.
(3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to
participate in meetings of the legislative body solely by teleconference from a remote location for a period of
more than three consecutive months or 20 percent of the regular meetings for the local agency within a
calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per
calendar year.
(f ) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for
reasonable accommodation for individuals with disabilities, consistent with the federal Americans with DisabilitiesPage 328 of 349
Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which
notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the
legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and
nondiscrimination laws.
(h) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional
teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional
physical locations in which the public may observe and address the legislative body by electronic means.
(i) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from
attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic
partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and
“sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person.
(C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not
otherwise accommodated by subdivision (f ).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting
pursuant to subdivision (e), other than any physical meeting location designated in the notice of the meeting.
Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any
physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via
webcasting or another similar electronic medium that does not permit members to interactively hear, discuss,
or deliberate on matters, does not constitute remote participation.
(5) “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.
(6) “Two-way audiovisual platform” means an online platform that provides participants with the ability to
participate in a meeting via both an interactive video conference and a two-way telephonic function.
(7) “Two-way telephonic service” means a telephone service that does not require internet access, is not
provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen
and verbally participate.
(8) “Webcasting” means a streaming video broadcast online or on television, using streaming media
technology to distribute a single content source to many simultaneous listeners and viewers.
(j) This section shall become operative January 1, 2024, shall remain in effect only until January 1, 2026, and as
of that date is repealed.
SEC. 3. Section 54953 is added to the Government Code, 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, except as otherwise provided in this
chapter.
(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
Page 329 of 349
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 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 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, 2026.
SEC. 4. Section 54954.2 of the Government Code is amended to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its
designee, shall post an agenda containing a brief general description of each item of business to be transacted or
discussed at the meeting, including items to be discussed in closed session. A brief general description of an item
generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and
shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet
Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42Page 330 of 349
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall
include information regarding how, to whom, and when a request for disability-related modification or
accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a
modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and
county, special district, school district, or political subdivision established by the state that has an Internet Web
site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city,
county, city and county, special district, school district, or political subdivision established by the state that
is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not
be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible
through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda
management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet
search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or
redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political
subdivision established by the state that has an Internet Web site and an integrated agenda management
platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet
Web site homepage of a city, county, city and county, special district, school district, or political
subdivision established by the state. The direct link to the integrated agenda management platform shall
not be in a contextual menu. When a person clicks on the direct link to the integrated agenda
management platform, the direct link shall take the person directly to an Internet Web site with the
agendas of the legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a
city, county, city and county, special district, school district, or political subdivision established by the
state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school
district, or political subdivision established by the state shall be the first agenda available at the top of
the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the
requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and
county, special district, school district, or political subdivision established by the state dedicated to
providing the entirety of the agenda information for the legislative body of the city, county, city and
county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was
established by the legislative body of the city, county, city and county, special district, school district, or
political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or inPage 331 of 349
response to questions posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a
member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may
provide a reference to staff or other resources for factual information, request staff to report back to the body
at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on
a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on
the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this
subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as
defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting,
or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there
is a need to take immediate action and that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not
more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item
was continued to the meeting at which action is being taken.
(4) To consider action on a request from a member to participate in a meeting remotely due to emergency
circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed
action on the posted agenda for the meeting for which the request is made. The legislative body may approve
such a request by a majority vote of the legislative body.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet
Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following
standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the
legislative body are compensated for their appearance, and if one or more of the members of the legislative
body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 5. Section 54954.2 is added to the Government Code, to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its
designee, shall post an agenda containing a brief general description of each item of business to be transacted or
discussed at the meeting, including items to be discussed in closed session. A brief general description of an item
generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and
shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet
Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall
include information regarding how, to whom, and when a request for disability-related modification or
accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a
modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and
county, special district, school district, or political subdivision established by the state that has an Internet Web
site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city,
county, city and county, special district, school district, or political subdivision established by the state that
is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not
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be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible
through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda
management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet
search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or
redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political
subdivision established by the state that has an Internet Web site and an integrated agenda management
platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet
Web site homepage of a city, county, city and county, special district, school district, or political
subdivision established by the state. The direct link to the integrated agenda management platform shall
not be in a contextual menu. When a person clicks on the direct link to the integrated agenda
management platform, the direct link shall take the person directly to an Internet Web site with the
agendas of the legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a
city, county, city and county, special district, school district, or political subdivision established by the
state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school
district, or political subdivision established by the state shall be the first agenda available at the top of
the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the
requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and
county, special district, school district, or political subdivision established by the state dedicated to
providing the entirety of the agenda information for the legislative body of the city, county, city and
county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was
established by the legislative body of the city, county, city and county, special district, school district, or
political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in
response to questions posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a
member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may
provide a reference to staff or other resources for factual information, request staff to report back to the body
at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on
a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on
the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this
subdivision, the legislative body shall publicly identify the item.
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(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as
defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting,
or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there
is a need to take immediate action and that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not
more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item
was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet
Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following
standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the
legislative body are compensated for their appearance, and if one or more of the members of the legislative
body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(e) This section shall become operative January 1, 2026.
SEC. 6. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the
Government Code, impose a limitation on 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:
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 hospital 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. 7. The Legislature finds and declares that Sections 1 and 2 of this act, which amend 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.
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CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and
the manner in which special meetings may be called. Public interest and convenience
shall be primary considerations when decisions are made as to time, location and
frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the
public. (Charter § 502)
1.1.2 REGULAR MEETINGS
1.1.2.1 The regular business meetings of the Council shall be held on the
first and third Tuesday of each month at the hour of five-thirty p.m.
(5:30 p.m.) or at such other time as may be designated on the
agenda giving notice of the business meeting and posted at the
same time and in the same manner as required by State law.
Regular closed session meetings of the Council shall be held on
the first and third Tuesday of each month at the hour of four-thirty
p.m. (4:30 p.m.) or at such other time as may be designated on the
same agenda giving notice of the business meeting. In the event
that a regular meeting of the council falls on a legal holiday, then
the regular meeting shall be held at the same place and time on
the next succeeding working day (Ord. 1623)
1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm
Street, in the City of San Luis Obispo. (Ord. 677) Council meeting
will also be streamed via teleconference when held in City Hall only.
1.1.2.3 It shall be the policy of the City Council to complete meetings,
including closed sessions, by 11:00 p.m. unless a majority of the
Council elects to continue past the adjournment hour. If at the hour
of 11:00 p.m. the City Council has not concluded its business, the
Council will review the balance of the agenda and determine
whether to extend the meeting beyond the hour of 11:00 p.m.,
continue any remaining items, or adjourn the meeting to another
date and time.
1.1.2.4 A regular meeting may be canceled by a majority vote of the
Council.
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1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions
between staff, advisory bodies, consultants, the public, and the City
Council regarding specific programs, projects or policies. Council
may provide direction, but no formal action will be taken during a
Study Session. Study Sessions may be conducted in a variety of
formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits
convenient to Council and advantageous for public participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of
the City Council on no less than 24 hour notice and as otherwise
specified by Government Code § 54956) (Ord. 959)
1.1.4.2 Any special meeting held at a place other than City Hall shall be
open to the public. Such meetings shall be held within the city limits.
Notice requirements of the Brown Act shall be complied with for any
such meetings; regular minutes shall be taken by the City Clerk and
shall be available for public inspection. Meetings not held in City Hall
will not be streamed through teleconference.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1 The City Manager, or designee, is responsible for maintaining a
calendar on the use of the Council Chamber and all requests for
reservations shall be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use
the facility, the City Manager shall have authority to make the final
decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees,
and other advisory bodies shall take precedence over any other
group or agency.
b. Favorable consideration shall be given to other governmental
agencies and non-profit groups during regular business hours
only, unless otherwise approved by the City Manager (see
exception noted in Section 1.1.5.2.c). These groups will be
charged for the use of the Council Chamber at the same rate
charged governmental agencies and non-profit groups for use of
the Community Room at the City/County Library. No events of a
commercial nature shall be allowed. The Council Chamber will
not be available for use by any non-City organizations during
non-business hours, unless otherwise approved by the City
Manager (see exception noted in Section 1.1.5.2.c).
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c. With the approval of the City Manager, other local governmental
agencies may use the Council Chamber for the purpose of live
or teleconferencing public hearings and/or public meetings
during regular or non-business hours. The fee charged shall be
the same rate charged governmental agencies for use of the
Community Room at the City/County Library, in addition to the
cost for services provided by the City for teleconferencing
operations.
d. No admission shall be charged. No events featuring the service
of food or drink shall be allowed.
e. Regularly scheduled meetings by other agencies and groups
shall be discouraged.
f. Meetings being held to advocate the election or re-election of
a particular candidate for political office shall not be allowed.
However, the Council Chamber may be used for a Candidate
and/or City Ballot Measure Forum where the public and all
candidates and/or proponents/opponents to a City ballot
measure or candidates for a particular public office have been
invited. Any candidate/ ballot measure forums to be held in the
Council Chamber shall not include City staff services.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved Council
Goals, Financial Plan and Budget, and also work programs, objectives, and
business of the City as established by the present or earlier City Councils. Agenda
items also include recommendations to the City Council from advisory bodies, land
use and zoning actions or appeals, bid and purchasing procedures, and mandates
from other levels of government. Staff shall work within the policy context
established by the Council and will not arbitrarily place matters on the agenda that
are outside the scope of existing work programs of the City, except as approved
by the Mayor, and permitted under the Charter sanctioned instructions for the City
Manager to inform and advise the Council of matters necessary to the proper
operation and well-being of the City.
The process for determining the format and order of the agenda is based primarily
on the order of business adopted by the City Council (See Section 1.2.7). The
process for establishing the order of specific business and public hearing items is
a collaborative one determined largely by anticipated public attendance (those
matters involving greater audience attendance should be scheduled ahead of other
items). On a rotating basis, individual members of the Council shall attend agenda
review meetings with the City Manager and department heads held on the morning
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of the City Council meeting to discuss issues and to review upcoming agenda
items. In addition, the City Manager, City Attorney and City Clerk review the
agenda materials with the Mayor. The final agenda is set subject to the approval
of the Mayor, after consultation with the City Manager, City Attorney and City Clerk.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by discussing
the request during the Communications section of the regular agenda. Upon
consensus of a majority of the Council, staff will prepare a staff report if formal
Council action is required. An individual Council Member may place an urgency
item on an agenda with a minimum of 72 hours legal notice and a memorandum
from the Council Member to the Council and staff setting forth the substantive
issues of the item. For the purpose of this paragraph, urgency shall arise in those
limited situations where an item requires immediate action, and the need to take
immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties
and responsibilities, shall be timely placed on the City Council agenda by staff, who
shall comply with the City’s approved Council Agenda Preparation Policy. In the
event that an advisory body desires to bring a matter of special consideration to the
City Council (new ideas or concerns, for example), it may request that the item be
placed on a future agenda by submitting a written request to the Council approved
by a majority of the advisory body members and signed by the Chair. During
Communications, any member of the Council may ask for consideration of the
request, and upon consensus of a majority of the Council, a staff report will be
prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
the Public Comment period at the beginning of every Council meeting, or via other
communication with Council Members, and upon consensus of a majority of
Council, a staff report will be prepared and approved by the City Manager or his/her
designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with State law.
Generally, only those matters affecting public health or safety and coming to the
attention of the Council after the regular notice deadlines may be considered an
emergency in nature. A four-fifths vote of Council is necessary to add an
emergency item.
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1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in
extraordinary situations, a request to reconsider an action taken by the City Council
may be considered. The request must be presented by a Council Member who
voted with the majority at the Council meeting at which the original vote was taken.
The vote may be reconsidered during that meeting, but no later than the next
Council meeting. Debate is limited to the question of whether or not there is a
majority of the Council interested in reconsidering the matter. If a majority of the
Council votes to reconsider an action, the matter will be placed on the next or future
agenda.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Council AB 2449 Requests for TeleconferencingCall to Order
1.2.7.2 Call to Order Roll Call
1.2.7.3 Roll Call Pledge of Allegiance
1.2.7.4 Pledge of Allegiance Closed Session Report (if any)
1.2.7.5 Closed Session Report (if any)City Manager’s Report
1.2.7.6 City Manager’s Report Presentations
1.2.7.7 Presentations /AppointmentsAppointments
1.2.7.8 Public Comment
1.2.7.9 Consent Agenda
1.2.7.10 Public Hearings and Business Items
1.2.7.11 Liaison Reports and Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public
interest that appear on a City Council or Planning Commission agenda, as well as all
matters where advertising is required by law. Said advertisements shall include
location maps, project descriptions and posting of property, if required, written in plain
English in order to fully inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings. (Charter § 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve
as Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
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1.3.1.3.1 The Vice Mayor shall always be seated immediately next
to the Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council
Members, shall establish other seating arrangements for
regular Council meetings.
1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature, except
when the City Manager has been authorized by Council action to
sign documents. In the event the Mayor is unavailable, the Vice
Mayor signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of
business. (Charter § 503)
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions shall be succinct and limited to
the issue before Council.
1.3.3.1.3 Cross-exchange between Council Members and public
should be avoided.
1.3.3.2 Questions to staff:
A Council Member shall, after recognition by the Presiding Officer,
address questions to the designated staff member. Council
Members are encouraged to provide questions to staff prior to
meetings and also to attend staff briefings on complex issues.
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1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be
interrupted while speaking, except to make a point of order
or personal privilege.
1.3.3.3.2 If a Council Member is called to order while speaking, the
individual shall cease speaking until the question of order
is determined.
1.3.3.3.3 Upon being recognized by the Presiding Officer, members
of staff shall hold the floor until completion of their remarks
or until recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the opportunity to
speak. Council Members are encouraged to discuss items during
the decision-making process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter, discussion will stop immediately
and a vote on the motion to table will be called for.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter §
504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, he/she should precede the statement with "for the record,"
or request the City Clerk to enter it into the record following the
statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's
Rules of Order). The following summarizes the most frequently used actions.
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1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and
decorum during all meetings.
1.3.5.1.2 Discourage side conversations, disruptions,
interruptions or delaying efforts.
1.3.5.1.3 Inform the Presiding Officer when departing from a
meeting.
1.3.5.1.4 Limit the use of personal electronic devices to urgent
personal matters while seated at the dais during Council
meetings.
1.3.5.1.5 During a public hearing, correspondence between
Council Members or between a member of the public
and the Council regarding the public hearing matter
being considered by the City Council must occur in the
open and any communications outside of the noticed
public meeting on which the Council Member’s decision
is based should be disclosed during the public hearing.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be
called to order by the Presiding Officer. If such conduct continues,
the Presiding Officer may call a recess, request the removal of such
person(s) from the Council Chamber, adjourn the meeting, or take
such other appropriate action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer shall
be permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer
to enforce the rules of protocol. Upon motion and
majority vote, the Presiding Officer shall be required to
do so.
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1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote, except in the case of
a recusal due to a conflict of interest. Failure of a seated Council
Member to vote will be construed as an affirmative vote. (Charter §
505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
members of the Council. (Charter § 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down
and not participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after
the vote has been announced and prior to the introduction of the next
agenda item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or request
the motion maker to restate the motion if required for Council or
public clarification.
1.3.6.6 A roll call (voice) vote shall be taken for each Counc il action. The
City Clerk will call the roll for the roll call vote in the following
manner: 1) Maker of the motion; 2) Member who h as seconded
the motion; 3) Additional Council Members in alphabetical order
by last name; and 4) Mayor last. The City Clerk shall state for the
record the name of any Council Member who is recused or has
abstained, which abstention will be counted as a vot e with the
majority, unless legally required. The consent agenda will be
considered a single action for purposes of the roll call vote.
1.3.6.7 A general consent vote may be taken at the discretion of the
Presiding Officer, if there are no negative votes or objections by
Council Members.
1.3.6.8 Upon the request of any member, the ayes and noes shall be taken
and recorded on any vote. (Charter § 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council. (Charter § 505)
1.3.6.10 Following the vote, the Mayor shall announce whether the questions
have been carried or defeated.
1.3.6.11 Should a tie vote occur, the Council is required to continue the item
by majority vote or make motions until an action receives three
affirmative votes.
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1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for
the audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (Written and Oral)
Members of the public may address the City Council in a variety of ways. Written
comments on agenda items are encouraged. As a courtesy to the Council, citizens
are encouraged to present written comments at least one day prior to the meeting.
This provides the Council with a greater opportunity to review and consider issues
and/or concerns expressed in written communications prior to a meeting. Written
comments received before, at or during a Council meeting are included in the public
record and posted to the City’s website. (GC § 54957.5) Agenda Correspondence,
in general, are correspondence and other documents from the public, the City
Council and City staff regarding Council agenda items received after the agenda
packets have been distributed. Agenda Correspondences may take the following
form: letters and emails from citizens; memos of clarification or revision from City
staff; liaison reports from the City Council; communication items from City Council;
late release or added-on agenda reports.
An Agenda Correspondence is date-stamped. Agenda Correspondences are
distributed by the City Clerk and made available for public review as they are
received.
The Mayor will invite comments from the public in support of, or in opposition to,
specific agenda items following the staff report. Oral communications on matters that
are not on the agenda may be provided during the Public Comment period at the
beginning of every regular meeting.
The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings, members of the
public may address the City Council on items that are not on the
printed agenda, or items on the Consent Agenda. A time limit of
three minutes is provided. A speaker may not yield time to another
speaker. A speaker slip should be filed with the City Clerk, but is not
required in order to speak.
1.3.7.1.1 For all hybrid (in-person and via teleconference) Those
requesting to speak in-person will be called first then those
requesting to speak via teleconference will be called. All
requests to speak should be submitted prior to the start of
the Public Comment period.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not
listed on the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
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1.3.7.3.1 Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to the
Council, not the audience.
1.3.7.3.2 Comment on the specific matter before the Council with
reasons for the position taken.
1.3.7.3.3 Limit comments to three (3) minutes until others have
had opportunity to address the Council. The Presiding
Officer with the consensus of Council Members, after all
others have spoken, may allow additional brief comment
from speakers who have already commented on the
same agenda item. A speaker may not yield their time to
another speaker.
1.3.7.3.4 Shall register as Municipal Advocates, if they are
testifying as paid representatives, as defined in the
Municipal Code (2.64.020) and shall preface their
comments by identifying themselves as municipal
advocates (2.64.050 & 2.64.070).
1.3.7.3.5 Shall avoid personal attacks, abusive language or other
disruptive behavior.
1.3.7.4 Applicants or applicant representatives or appellants desiring to
speak shall:
1.3.7.4.1 Submit speaker slips to the City Clerk.
1.3.7.4.2 Shall be permitted to speak first during the public
comment portion of the public hearing for not more than
ten (10) minutes.
1.3.7.4.3 Address the Council from the podium or via
teleconference after giving their name and address,
and/or the name and address of the applicant/appellant
they are representing. If the applicant/appellant’s
representative is a paid municipal advocate, they shall
comply with Section 1.3.7.3.5 above.
1.3.7.5 After the comment period or public hearing is closed, no member of
the public shall be permitted to address the Council or the staff from
the audience, except at the discretion of the Presiding Officer.
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1.3.8 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to supplement their
oral presentations are encouraged to provide display-ready material to the City Clerk
by 12:00 noon on the day of the meeting. No data provided to the City Clerk later
than 12:00 noon will be accepted. Staff may recommend that the presenter produce
hard copies of their materials and present the copies to Council during their
presentations.
1.3.8.1 Electronic presentations must be provided in a format that can be
read on a standard PC-compatible computer running Microsoft
Windows or Microsoft Office.
1.3.8.2 Upon receipt, the City Clerk will promptly transmit electronic visual
aids to the City’s Information Technology Division for a
determination as to whether the material is free of viruses.
1.3.8.3 Staff shall preload and queue the electronic visual aid in the City’s
media system and display it when the public member is called upon
to speak.
1.3.8.4 Members of the public shall not be permitted to connect equipment,
devices, or storage media directly to the City’s computer system
during a live Council meeting.
1.3.8.5 Members of the public shall not be permitted to access the internet
from the City’s computer equipment.
1.3.8.7 Nothing in this Policy is intended to warrant or otherwise guarantee
that electronic visual aids will successfully display at a City Council
meeting. Members of the public are urged to have hard copies of
their presentations available at the City Council meetings in the
event a media system malfunction occurs.
1.3.9 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to
expedite the meeting. Therefore, only items that are routine, relate to implementation
of approved budget items or to City operations, are second readings of ordinances,
or are items to be later set for public hearing are to be placed on the Consent Agenda.
Items of significant neighborhood or community public interest should be heard as a
Public Hearing or Business item, and not placed on the Consent Agenda.
1.3.9.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda. When a Council
Member has a minor question for clarification concerning a consent
item that will not involve extended discussion, the item may be pulled
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for clarification at the beginning of the meeting and the questions will
be addressed along with the rest of the Consent Agenda. There
should be no objections at this time. Council Members are
encouraged to seek clarifications prior to the meeting (if at all
possible).
1.3.9.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should be made that the item
be pulled for separate vote without discussion. Such items will also
be handled at the beginning of the meeting along with the rest of the
Consent Agenda.
1.3.9.3 Any item may be pulled by a Council Member for discussion. A
member of the public may request the Council to pull an item for
discussion.
1.3.9.4 Pulled items shall be heard at the close of the Consent Agenda
unless a majority of the Council chooses another time.
1.3.10 COMMUNICATIONS
1.3.10.1 The purpose of this time is to allow staff and Council to provide an
update or share information regarding a particular matter. Examples
of appropriate communications would be information of general
interest received from outside agencies, and comments or inquiries
received from individuals or from the public, or requests to agendize
future items.
1.3.10.2 If possible, written material connected with a particular
communication item should be provided to the City Manager
sufficiently in advance of the meeting to be distributed with the
regular agenda materials.
1.3.10.3 State law provides that Council can take action only on such matters
that have been noticed at least 72 hours in advance of the meeting,
unless special circumstances are found to exist. Substantive debate
or deliberation or formal action or approval on non-agendized items
is not allowed, and such an item should be placed on the agenda of
the next regular meeting.
1.3.10.4 The communications period should not exceed 15 minutes and
speaking to a particular item should be limited to five minutes.
1.3.11 CLOSED SESSIONS (closed to the public)
1.3.11.1 Closed Sessions are regulated pursuant to the Brown Act.
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1.3.11.2 No member of the Council, employee of the City, or anyone else
present shall disclose to any person the content or substance of any
discussion which takes place in a closed session unless authorized
by a four-fifths vote of the Council, or as otherwise required by law.
1.3.11.3 Confidential materials provided for Closed Sessions must be
returned to the City Attorney by the conclusion of the Closed
Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance
the awareness and education of the general public regarding the actions and
deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether
presented to the public live or taped, Council coverage is not to be edited
or subjected to editorial comment.
1.4.2 All regular City Council meetings shall be cablecast, except for meetings or
portions of meetings which are closed to the public, or when the Council
directs otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City
and operated only by City employees or persons under contract with the
City.
1.4.4 Cameras shall be operated so that they are focused only on the officially
recognized speaker, and on any visually displayed information they may be
showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council
proceedings.
1.4.7 To assure timely information for the public, Action Updates shall be posted
on the City’s website as soon as possible.
1.5 AB 2449 – NEW TELECONFERENCING REGULATIONS
1.5.1 Quorum Requirement: A quorum of the Council (three members) must
participate at a singular physical meeting location identified on the agenda,
which must be within the city limits and open to the public. This means that
no more than two Council Members may utilize these AB 2449
teleconference provisions at one meeting. If fewer than three members
could not be physically present at the beginning of a meeting, the meeting
could shall not be called to order.
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1.5.2 Limitations on Use: Council Members may participate remotely under AB
2449 a limited number of times per year, depending on which exception was
selected, “Just Cause” or “Emergency Circumstances.”
1.5.2.1 Just Cause Exception. This exception may be used in cases of
caregiving for a dependent; contagious illness; need related to a
physical or mental disability; or official governmental travel.
Capped at two (2) meetings per calendar year regardless of the
Council’s meeting schedule.
1.5.2.2 Emergency Circumstances Exception. This exception may be
used in cases of a physical or family medical emergency that
prevents a Council Member from attending in person. Capped at
20% of the regular meetings within a calendar year (four (4) City of
San Luis Obispo Council meetings per year).
1.5.3 Each agenda must describe how members of the public may observe or
attend the meeting and offer public comment, including a way to attend via
teleconference platform. Members of the public must be allowed to make
public comments in real-time (in-person or through teleconference) during
all allotted public comment periods.
1.5.4 Council Members wishing to attend by teleconference must make a request
to the Council at the earliest possible opportunity, up to and including at the
start of a meeting. The Council must act by majority vote, during the
meeting, to approve or deny the request.
1.5.4.1 Council Members must also provide a “general description” of the
circumstances relating to the member’s need to participate
remotely, which need not be more than 20 words or disclose any
personal medical information.
1.5.4.2 Council Members must disclose, before any action is taken,
whether any individuals 18 years of age or older are present in the
room at the remote location, and the general nature of the
member’s relationship with the individual. This disclosure must
take place during the meeting itself, even if the notification and
description were given in advance.
1.5.4.3 Council Members participating remotely must participate through
both audio and visual technology.
1.5.5. All votes taken at a meeting where a Council Member attends by
teleconference, under provisions of AB 2449, must be taken by roll call vote.
1.5.6 Meeting proceeding must be suspended in the event of a disruption that
prevents the transmittal of meeting video and audio to the public or prevents
the receipt of public comment on the teleconference platform until meeting
audio and video service are restored.
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Amendments to the Council Policies and
Procedures to Implement Hybrid City Council
Meetings
Recommendation: Adopt a Resolution amending Council
Policies and Procedures implementing hybrid City Council
meetings and for compliance with Assembly Bill 2449
Background
AB-361 allowed for virtual City Council and Advisory Body meetings
during a declared emergency.
When meetings returned to the in-person format teleconferencing was
discontinued due to audio/video limitations in the Chambers.
February 2022 Council allocated funding for an upgrade to the equipment
in the Council Chambers and Hearing room.
Due to supply chain issues the equipment was delayed until December
2022.
September 2022 AB-2449 was signed and became effective January 1,
2023
Brown Act -Teleconferencing
Traditional Teleconferencing Regulation:
Requires publication of the member’s physical address on the agenda, posting
of the agenda at the location, allowing public access, calling for public
comments, and ensuring ADA access at the remote location.
AB2449 –New Teleconferencing Regulations:
Further amends remote participation for members of legislative bodies.
Allows individual members increased flexibility to participate in meetings via
teleconference in the event of a personal emergency without a declared state
of emergency, provided certain requirements are met.
Implementation of AB 2449
A quorum of the Council (three members) must be in one physical
location identified on the agenda. If a quorum is not met the meeting can
not be called to order.
Limitation on Use –Just Cause or Emergency Circumstances
Just Cause
Used in cases of caregiving for a dependent, contagious illness, need related
to physical or mental disability, or official governmental travel.
Capped at two meetings per calendar year
Emergency Circumstances
Used in case of physical or family medical emergency that prevents a
Council Member from attending in person.
Capped at 20% of the regular meetings within a calendar year (four Council
meetings per year.)
Other Implementation Provisions of AB-2449
Agenda must provide how the public can observe and offer public
comment via teleconference
The public must be allowed to make public comments via the
teleconferencing platform or in person.
All votes must be taken by roll call.
Meetings must be suspended if a disruption prevents the meeting from
being broadcast via the teleconferencing platform until the meeting
audio/video is restored.
Due to specialized audio/video needs only meeting held in City Hall can be
hybrid.
Other Implementation Provisions of AB-2449
Council members must:
Make requests to attend via teleconference at the start of the meeting.
Give a general reason for participating remotely. No more than 20
words or no need to disclose personal medical information.
Disclose if any individuals 18 years or older are present in the room
and the general relationship with the individual.
Participate through both audio and video for the entire meeting.
Council must approve or deny the request by a majority vote.
Proposed Changes for Hybrid Meetings
Agendas
Teleconferencing link provided on the cover of agenda along with instructions on
how to provide Public Comments via teleconference.
Section added before Call to Order for AB2449 Teleconferencing Requests
Public Comment
Mayor will request that all requests to speak be submitted prior to opening Public
Comment.
The Mayor will close the public comment period and the Clerk will announce the
total number of in-person and teleconference requests submitted. No additional
requests will be taken. This will allow for a fair allocation of time among all known
speakers.
In-person speakers will be called first and then those attending via teleconference.
Speaker timer will be displayed on the screen so that it can be seen in the room
and virtually.
Applicability to Advisory Bodies
AB2449 could be implemented for all Advisory Body
Due to staffing requirements for hybrid meetings this is not recommended
at this time.
Staff is recommending implementation of hybrid meetings for Planning
Commission starting in the fall.
Re-evaluate adding other Advisory Bodies after the new year.
Alternatives
1.Council could decide not to implement a hybrid option for City Council
meetings.
2.Council could decide not to implement procedures for compliance with AB
2449.This would limit Council’s ability to participate remotely in council meetings
to only in-person or using the traditional Brown Act teleconference option.
3.Council could direct staff to make additional revisions to the Council’s
Policies and Procedures Manual relating to hybrid meetings.
4.Council could immediately direct staff to implement hybrid meetings for all
the Advisory Bodies.If this is Council’s desire,then staff recommends a
phased approach adding in the remaining bodies after Staff has recommended
any additional staffing or other resources to support hybrid meetings for all 17
committees/commissions.
Recommendation
Adopt a Resolution amending Council Policies and
Procedures implementing hybrid City Council
meetings and for compliance with Assembly Bill 2449