CC Resolution 2021-035 Teleconference Accessibility for Public Meetings (AB 361) RESOLUTION NO. 2021 - 035
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:
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: September 28, 2021
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.
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: September 28, 2021
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 28th day of September, 2021, by the following
vote:
AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None