The Brown Act requires that all meetings of the Council and the City’s other legislative bodies, including the City’s Commissions and Committees, be open and public.  Government Code 54953(b) authorizes teleconferencing of public meetings provided that a quorum of each legislative body is present in person and that each member teleconferencing post an agenda and allow public testimony at each teleconferencing location.

On September 16, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 361, an urgency measure which added subsection (e) to Government Code section 54953 and makes provision for remote teleconferencing participation in public meetings by all or a majority of members of a legislative body, without compliance with the requirements of Government Code section 54953(b), subject to the existence of certain conditions. 

AB 361 requires that the Governor first declare a state of emergency.  On March 4, 2020, Governor Newsom declared a State of Emergency in the State of California because of the threat of the Coronavirus (COVID-19) pandemic, and the State of Emergency is still in effect.

In addition, AB 361 authorizes the use teleconferencing with all or a majority of the members of a legislative body participating remotely during a proclaimed state of emergency when local officials have imposed or recommended social distancing measures.  Alternatively, the Council can hold a meeting during a proclaimed state of emergency to determine, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.  The Council must make the findings of an imminent risk to the health or safety of attendees every 30 days in order to continue to hold meetings via teleconference.

The attached Resolution makes the findings required by AB 361 to support teleconferencing of public meetings of the City Council and the City’s Commissions and Committees.

It is recommended that the City Council:

• Adopt the attached Resolution making specified findings relating to the use of teleconferencing for meetings of the City Council and Commissions, Committees, and Boards in accordance with AB 361 and Government Code 54953(e).