2021 09 28 Council Special Mtg re: AB361CITY COUNCIL SPECIAL MEETING 1 SEPTEMBER 28, 2021
NOTICE OF SPECIAL MEETING
OF THE LA QUINTA CITY COUNCIL
TO THE MEMBERS OF THE LA QUINTA CITY COUNCIL AND TO THE CITY
CLERK:
NOTICE IS HEREBY GIVEN that a Special Meeting of the La Quinta City
Council is hereby called to be held on Tuesday, September 28, 2021, starting
at 4:45 p.m.; at La Quinta City Hall located at 78495 Calle Tampico, La Quinta,
CA 92253 for the following purpose:
BUSINESS SESSION
1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC
MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
*** Teleconferencing and Telephonic Accessibility is In Effect ***
Dated: September 24, 2021 /s/Linda Evans LINDA EVANS, Mayor
Attest:
MONIKA RADEVA, City Clerk
DECLARATION OF POSTING
I, Monika Radeva, City Clerk, do hereby declare that the foregoing notice for the
Special Meeting of the La Quinta City Council of September 28, 2021 was posted
on the outside entry to the Council Chamber at 78495 Calle Tampico and on the
bulletin boards at 51321 Avenida Bermudas and 78630 Highway 111 on
September 24, 2021.
DATED: September 24, 2021
Monika Radeva, City Clerk
CITY COUNCIL AGENDA Page 1 of 4 SEPTEMBER 28, 2021
SPECIAL MEETING
SPECIAL MEETING
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
78495 Calle Tampico, La Quinta
TUESDAY, SEPTEMBER 28, 2021 AT 4:45 P.M.
******************************
SPECIAL NOTICE
Teleconferencing and Telephonic Accessibility In Effect
Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of
California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in
response to the state of emergency relating to novel coronavirus disease 2019
(COVID-19) and enabling teleconferencing accommodations by suspending or
waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950
et seq.), members of the public, the City Council, the City Manager, City Attorney,
City Staff, and City Consultants may participate in this regular meeting by
teleconference.
Members of the public wanting to listen to the open session of the meeting
may do so by tuning-in live via http://laquinta.12milesout.com/video/live.
Members of the public wanting to address the City Council, either for a specific
agenda item or matters not on the agenda are requested to follow the instructions
listed below:
Written public comments – can be provided in-person during the meeting or
emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov preferably
by 2:00 p.m. on the day of the meeting, and will be distributed to the City
Council, incorporated into the agenda packet and public record of the meeting,
and will not be read during the meeting unless, upon the request of the Mayor, a
brief summary of any public comment is asked to be read, to the extent the City
Clerk’s Office can accommodate such request.
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
CITY COUNCIL AGENDA Page 2 of 4 SEPTEMBER 28, 2021
SPECIAL MEETING
If emailed, the email “subject line” must clearly state “Written Comments” and
list the following:
1) Full Name 4) Public Comment or Agenda Item Number
2) City of Residence 5) Subject
3) Phone Number 6) Written Comments
*** TELECONFERENCE PROCEDURES ***
Verbal public comments via Teleconference – members of the public may
attend and participate in the meeting by teleconference via Zoom and use
the “raise your hand” feature when public comments are prompted by the Mayor;
the City will facilitate the ability for a member of the public to be audible to the
City Council and general public and allow him/her/they to speak on the item(s)
requested. Please note – members of the public must unmute themselves
when prompted upon being recognized by the Mayor, in order to become
audible to the City Council and the public.
Only one person at a time may speak by teleconference and only after being
recognized by the Mayor.
ZOOM LINK: https://us06web.zoom.us/j/88146423364
Meeting ID: 881 4642 3364
Or join by phone: (253) 215 – 8782
It would be appreciated that any email communications for public comments
related to the items on the agenda, or for general public comment, are provided
to the City Clerk’s Office at the email address listed above prior to the
commencement of the meeting. If that is not possible, and to accommodate public
comments on items that may be added to the agenda after its initial posting or
items that are on the agenda, every effort will be made to attempt to review emails
received by the City Clerk’s Office during the course of the meeting. The Mayor
will endeavor to take a brief pause before action is taken on any agenda item to
allow the City Clerk to review emails and share any public comments received
during the meeting. All emails received by the City Clerk, at the email address
above, until the adjournment of the meeting, will be included within the public
record relating to the meeting.
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CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
CITY COUNCIL AGENDA Page 3 of 4 SEPTEMBER 28, 2021
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
CONFIRMATION OF AGENDA
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter
not listed on the agenda by providing written public comments either in-person
or via email as indicated above; or provide verbal public comments either in-
person or via teleconference by joining the meeting virtually at
https://us06web.zoom.us/j/81325311999 and use the “raise your hand”
feature when prompted by the Mayor. Members of the public attending the
meeting in-person are requested to complete a “Request to Speak” form and
submit it to the City Clerk. Please limit your comments to three (3) minutes (or
approximately 350 words). The City Council values your comments; however, in
accordance with State law, no action shall be taken on any item not appearing on
the agenda unless it is an emergency item authorized by Government Code §
54954.2(b).
BUSINESS SESSION
PAGE
1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC
MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
[RESOLUTION NO. 2021-035]
5
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on October 5, 2021 at
4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA
92253.
DECLARATION OF POSTING
I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the
foregoing Agenda for the Special Meeting of the La Quinta City Council was posted
on the City’s website, near the entrance to the Council Chambers at 78495 Calle
Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630
Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas,
on September 24, 2021.
CITY COUNCIL AGENDA Page 4 of 4 SEPTEMBER 28, 2021
SPECIAL MEETING
DATED: September 24, 2021
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk’s office
at (760) 777-7092, twenty-four (24) hours in advance of the meeting and
accommodations will be made.
If special electronic equipment is needed to make presentations to the City
Council, arrangements should be made in advance by contacting the City
Clerk’s office at (760) 777-7092. A one (1) week notice is required.
If background material is to be presented to the Councilmembers during a City
Council meeting, please be advised that eight (8) copies of all documents,
exhibits, etc., must be supplied to the City Clerk for distribution. It is
requested that this take place prior to the beginning of the meeting.
Any writings or documents provided to a majority of the City Council regarding
any item(s) on this agenda will be made available for public inspection at the
Community Development counter at City Hall located at 78495 Calle Tampico,
La Quinta, California, 92253, during normal business hours.
City of La Quinta
CITY COUNCIL SPECIAL MEETING: September 28, 2021
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER
TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC
MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
RECOMMENDATION
Adopt a Resolution to authorize the City Manager to implement and utilize
teleconference accessibility to conduct public meetings pursuant to Assembly
Bill 361 (Stats. 2021, ch. 165).
EXECUTIVE SUMMARY
The State of California and the City have proclaimed the existence of a
State of Emergency as a result of the threat of novel coronavirus disease
2019 (COVID-19).
In an effort to reduce the spread of COVID-19 at public meetings, the
Governor of California issued an executive order authorizing local
legislative bodies to hold public meetings via teleconferencing; these
provisions expire on September 30, 2021.
On September 16, 2021, the Governor signed into law Assembly Bill 361
(Stats. 2021, ch. 165) (AB 361) which waived certain provisions of the
Ralph M. Brown Act (Brown Act) in order to allow local agencies to
continue to meet remotely during a state of emergency that makes it
unsafe to meet in person.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The State of California and the City of La Quinta proclaimed the existence of
a State of Emergency as a result of the threat of COVID-19, on March 4, 2020
and March 17, 2020, respectively.
BUSINESS SESSION ITEM NO. 1
5
In an effort to reduce the spread of COVID-19 at public meetings, on March
17, 2020, the Governor of California issued Executive Order N-29-20 which
suspended and modified specified provisions of the Brown Act [Government
Code Section § 54950 et seq.] and authorized local legislative bodies to hold
public meetings via teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeking
to observe and address the local legislative body. On June 11, 2021, the
Governor issued Executive Order N-08-21 which extended the teleconference
provisions of EO N-29-20 for public meetings through September 30, 2021.
The City implemented teleconference procedures and accessibility for
conducting all of its public meetings while the Governor’s “Stay-At-Home”
order was in effect in early 2020.
On May 4, 2021, the Governor issued Executive Order N-60-20 which
established a framework for a gradual, risk-based reopening of the economy;
and on June 11, 2021, issued Executive Order N-07-21, which formally
rescinded the “Stay-At-Home” order imposed by Executive Order N-33-20,
issued on March 19, 2020.
Following the established state framework for reopening the economy, the
City has resumed limited in-person public meetings while also offering
teleconference accessibility to members of the public, City Council, members
of City boards, commissions, and committees, City staff and consultants.
AB 361 was signed into law by the Governor on September 16, 2021, which
went into effect immediately as urgency legislation (codified under
Government Code § 54953), and waived certain provisions of the Brown Act
in order to allow local agencies to continue to meet remotely. Specifically, the
bill allows remote teleconference flexibility, but only when there is a state of
emergency that makes it unsafe to meet in person.
In addition, AB 361 adds new procedures and clarifies the requirements for
conducting remote meetings, including the following:
Public Comment Opportunities in Real Time – a legislative body that
meets remotely pursuant to AB 361 must allow members of the public
to access the meeting via a call-in option or an internet-based service
option, and the agenda for the remote meeting must provide an
opportunity for members of the public to directly address the body in
real time. A legislative body cannot require public comments to be
submitted in advance of the meeting.
6
No Action During Disruptions – in the event of a disruption that prevents
the local agency from broadcasting the remote meeting, 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, AB 361 prohibits the legislative body from
taking any further action on items appearing on the meeting agenda
until public access is restored.
Periodic Findings – Government Code § 54953(e)(B) requires the
legislative body to hold 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
risk to the health or safety of attendees.
Council must make these findings no later than 30 days after the first
teleconferenced meeting is held after September 30, 2021 and must
also make these findings every 30 days thereafter, in order to continue
to allow teleconference accessibility for conducting public meetings
(Government Code § 54953(e)(3).
AB 361 will sunset on January 1, 2024.
The City has already implemented the above stated requirements for
conducting public meetings and is in full compliance with AB 361, thus there
will be no change to the currently established procedures. In addition to the
ability to attend public meetings in-person, teleconference accessibility via
call-in option or an internet-based service option (via the Zoom Webinars
platform) is listed on the published agenda for each meeting as well as on the
City’s website. The City monitors attendance via teleconference as well as
email correspondence (as published on the agenda) throughout each public
meeting and provides access for public comment opportunities in real time
both verbally and in writing.
This Resolution makes the required findings under AB 361, and if adopted, it
will allow the City to continue to offer teleconference accessibility for public
meetings after September 30, 2021, to help mitigate the spread of COVID-
19, as well as during other state-proclaimed emergencies, such as
earthquakes or wildfires, where physical attendance may present a risk.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
7
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RESOLUTION NO. 2021 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY
FOR CONDUCTING PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a
State of Emergency to exist in California as a result of the threat of novel
coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 17, 2020, the City Council adopted Emergency
Resolution No. EM 2020-001, proclaiming a local emergency as defined in La
Quinta Municipal Code Section 2.20.020, due to the threat of the existence
and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed
Executive Order N-29-20 which suspended and modified specified provisions
in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and
authorized local legislative bodies to hold public meetings via teleconferencing
and to make public meeting accessible telephonically or otherwise
electronically to all members of the public seeking to observe and address the
local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed
Executive Order N-08-21 which extended the provisions of Executive Order N-
29-20 concerning teleconference accommodations for public meetings through
September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed
into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending
Government Code § 54953 and providing alternative teleconferencing
requirements to conduct public meetings during a proclaimed state of
emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to
ensure members of the public are able to attend and participate in public
meetings conducted via teleconference, including:
9
Resolution No. 2021 – xxx
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: (date)
Page 2 of 4
Notice of the means by which members of the public may access the
meeting and offer public comment, including an opportunity for all
persons to attend via a call-in option or an internet-based service
option;
The legislative body shall take no further action on agenda items when
there is a disruption which prevents the public agency from broadcasting
the meeting, or in the event of a disruption within the local agency’s
control which prevents members of the public from offering public
comments, until public access is restored;
Prohibits the legislative body from requiring public comments to be
submitted in advance of the meeting and specifies that the legislative
body must provide an opportunity for members of the public to address
the legislative body and offer comments in real time;
Prohibits the legislative body from closing the public comment period
until the public comment period has elapsed or until a reasonable
amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance
with the requirements listed above when conducting public meetings via
teleconference, which are now codified in Government Code § 54953(e)(2)(B-
G); and
WHEREAS, pursuant to Government Code § 54953(e)(B), the
legislative body shall hold 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 and
safety of attendees. The City Council must make these findings no later than
30 days after the first teleconferenced meeting is held pursuant to AB 361
(Stats. 2021, ch. 165) after September 30, 2021, and must also make these
findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City Council hereby declares that the recitals set forth
above are true and correct, and incorporated into this resolution as findings
of the City Council.
10
Resolution No. 2021 – xxx
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: (date)
Page 3 of 4
SECTION 2. The City Council hereby declares that a state of emergency
as a result of the threat of COVID-19 still exists and continues to impact the
ability of members of the public, the City Council, City Boards, Commissions,
and Committees, City staff and consultants to meet safely in person.
SECTION 3. The State of California and the City of La Quinta continue to
follow safety measures in response to COVID-19 as ordered or recommended
by the Centers for Disease Control and Prevention (CDC), California
Department of Public Health (DPH), and/or County of Riverside, as applicable,
including facial coverings when required and social distancing.
SECTION 4. The City Council hereby declares that, pursuant to the
findings listed in this Resolution, the City Manager is authorized to utilize
teleconferencing accessibility to conduct public meetings pursuant to AB 361
(Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.
SECTION 5. Severability: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Resolution is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
of this Resolution. The City Council hereby declares that it would have
adopted this Resolution and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases,
or portions thereof be declared unconstitutional.
SECTION 6. Effective Date: This Resolution shall become effective
immediately upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this day of , 2021, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
11
Resolution No. 2021 – xxx
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: (date)
Page 4 of 4
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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POWER POINTS
CITY COUNCIL
SPECIAL MEETING
SEPTEMBER 28, 2021
09/28/2021
1
Special City Council Meeting
September 28, 2021
Special City Council Meeting
September 28, 2021
B1 – Resolution to Implement
Teleconference Accessibility (AB 361)
1
2