City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
D. The novel coronavirus ("COVID-19" or "the virus") is a severe acute respiratory illness that may result in serious illness or death and is easily transmissible from person to person.
E. The United States, the State of California, Riverside County, and the City of Rancho Mirage have confirmed cases of individuals who have COVID-19, first detected in Wuhan, Hubei Province, People's Republic of China ("China"). The virus was first reported in China on December 31, 2019. As of 3:00 PM, March 16, 2020, the World Health Organization ("WHO") has reported 168,019 confirmed cases of COVID-19 across 148 countries resulting in 6,610 deaths.
F. WHO officials now report that sustained human-to-human transmission of the virus is occurring. Transmission from asymptomatic individuals are occurring. Although the majority of individuals infected with COVID-19 may recover without special treatment, serious illness is documented in approximately 16% of all cases. Older people and people of all ages with severe underlying health conditions, like heart disease, lung disease and diabetes, as examples, are at higher risk of developing serious COVID19 illness.
G. On January 30, 2020, WHO declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States.
H. The Centers for Disease Control and Prevention ("CDC") has determined that COVID19 presents a serious public health threat, requiring coordination among state and local health departments to ensure readiness for potential health threats associated with the virus.
I. On March 4, 2020, Governor Gavin Newsom declared a State of Emergency due to the number of confirmed cases of COVID-19 in the State of California, and has waived the 60-day time period in Government Code section 8630, within which a local governing authority must renew a local emergency, for the duration of the statewide emergency, and has ordered that any such local emergency will remain in effect until each local governing authority terminates its respective local emergency.
J. On March 10, 2020, the Riverside County Board of Supervisors ratified the County Public Health Officer's declaration of a local health emergency as a result of the County's first locally acquired case of COVID-19.
K. On March 11, 2020, WHO declared COVID-19 a global pandemic, stating: "WHO has been assessing this outbreak around the clock and we are deeply concerned both by Item 3D - Page 21
Resolution No. 24738
the alarming levels of spread and severity, and by the alarming levels of inaction. We have therefore made the assessment that COVID-19 can be characterized as a pandemic. Pandemic is not a word to use lightly or carelessly. It is a word that, if misused, can cause unreasonable fear, or unjustified acceptance that the fight is over, leading to unnecessary suffering and death. Describing the situation as a pandemic does not change WHO's assessment of the threat posed by this virus. It doesn't change what WHO is doing, and it doesn't change what countries should do. We have never before seen a pandemic sparked by a coronavirus. This is the first pandemic caused by a coronavirus. And we have never before seen a pandemic that can be controlled, at the same time."
L. In accordance with Palm Springs Municipal Code Section 2.20.050(a)(1 ), on March 14, 2020, the City Manager acting as the Director of Emergency Services, issued a "Declaration of the Existence of a Local Emergency," relating to the spread of COVID-19.
M. On March 16, 2020, the County of Riverside announced the death of two residents of the Coachella Valley resulting from COVID-19.
N. On March 16, 2020, the Riverside County Health Officer issued an order generally prohibiting all gatherings within the County with an expected presence of ten (10) individuals, taking place between March 16, 2020 and April 30, 2020.
0. COVID-19 has and will continue to cause conditions of peril to the health, safety, and welfare of persons and property that are beyond the control of the services, personnel, equipment, and facilities of the City of Palm Springs.
P. Preparing for, responding to, mitigating, and recovering from the spread of COVID-19 requires the City to divert resources from normal day-to-day operations, requires the City to modify its normal daily operations in ways to prevent the continuous spread of COVID-19, and has and will continue to impose extraordinary requirements on and expenses to the City.
Q. The City Council hereby finds that the conditions described in the foregoing recitals related to COVID-19 warrant and necessitate the proclamation and declaration of a "Local Emergency" in the City of Palm Springs.
SECTION 2. Pursuant to and in response of the conditions identified in Section 1 of this Resolution, the City Council hereby ratifies and confirms the Declaration of the Existence of a Local Emergency relating to the spread of COVID-19 in the City of Palm Springs, as issued by the City Manager/Director of Emergency Services, attached as Exhibit A to this Resolution.
SECTION 3. During the existence of this Local Emergency, all City officials and employees shall cooperate and coordinate efforts with officials and employees of other Item 3D - Page 22
Resolution No. 24738
Page4
political subdivisions and officials and employees of the County, state, and federal government in bringing the present condition of the Local Emergency under control.
SECTION 4. For the duration of the Local Emergency, until such time as the spread of COVID-19 has been minimized and protective measures are no longer necessary in Palm Springs or the greater Coachella Valley as may be determined by the any state agency having jurisdiction and/or by the Riverside County Public Health Officer, the City Manager/Director of Emergency Services shall take all steps necessary to protect public health, safety and welfare.
SECTION 5. The City Council hereby ratifies the Emergency Order issued by the City Manager on March 17, 2020, that was effective 7 A.M., March 18, 2020, for all individuals living in the City of Palm Springs to shelter at their place of residence excluding activities necessary to provide or receive certain essential services or engage in certain essential activities and work for essential business and government services, attached as Exhibit B to this Resolution. The City Council ratifies the implementation of the Emergency Order through 11 :59 P.M., on April 2, 2020, unless further extended by action taken by the City Council on April 2, 2020, or unless superseded and automatically extended by emergency orders issued by any state or other governmental agency having jurisdiction.
SECTION 6. The City Manager/Director of Emergency Services is authorized to carry out the intent of this Resolution, and the City Council hereby waives such ordinances and regulations limiting the City Manager's authority to incur expenditures exceeding $25,000 as deemed necessary by the City Manager/Director of Emergency Services related to the City's response to the increasing spread of COVID-19 in the community. · SECTION 7. The Local Emergency declared herein shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Palm Springs.
SECTION 8. Pursuant to Section 1.06.040 of the PSMC, relating to administrative citation amounts, the City Council hereby determines that the administrative fines imposed by Chapter 1.06 for the first, second, third and any subsequent violation of this Resolution or any order issued by the City Manager/Director of Emergency Services, shall in the following amounts: $5,000 for first violation, $10,000 for second violation, $25,000 for third and any subsequent violation. For purposes of Chapter 1.06 of the PSMC, any violation of this Resolution or any order of the City Manager/Director of Emergency Services shall be deemed an immediate threat to life and safety and shall not require any pre-service citation or courtesy notice to the responsible party for the violation. Nothing in this Section shall preclude the City from pursuing any other civil or criminal remedies available to it by law, including, without limitation, immediate closure of any location that is in violation of this Resolution or any order issued by the City Manager/Director of Emergency Services.
Item 3D - Page 23
Resolution No. 24738
ADOPTED THIS 19th day of March 2020.
David H. Ready, Ci
ATTEST:
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24738 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 19, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garner, Holstege, Middleton, Woods, and Mayor Kors
None
None
None
Item 3D - Page 24
DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY
CITY OF PALM SPRINGS
March 14, 2020
WHEREAS, Palm Springs Municipal Code section 2.20.050(a)(1) empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Palm Springs, does hereby find that:
1. Threatened existence of conditions of extreme peril to the health and safety of persons in Palm Springs are present as a result of the increasing spread of novel coronavirus (COVID-19) across the state; and
2. The federal Centers for Disease Control and Prevention has confirmed multiple cases of individuals who have severe respiratory illness caused by a novel coronavirus, called COVID-19, as well as deaths caused by this illness; and
3. The World Health Organization declared COVID-19 a pandemic; and
4. On March 4, 2020 California Governor Newsome declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
5. The increase of reported cases and deaths associated with COVID-19 has also prompted the County of Riverside on March 10, 2020 to proclaim a local and public health emergency; and
6. A proclamation of a local emergency will assist in a coordinated public health response to reduce transmission and illness severity, provide assistance to health care providers, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on the citizens of the City; and
8t896.IH00\3279588'-l
Item 3D - Page 25
7. Under California Government Code section 8630(b) and Palm Springs Municipal Code section 2.20.050(a)(1), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.
NOW, THEREFORE, IT IS HEREBY DECLARED, that a local emergency now exists throughout the City; and
IT IS FURTHER DECLARED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of the City of Palm Springs.; and
IT IS FURTHER DECLARED AND ORDERED that, without limiting the nature of the foregoing, the City Manager, as Director of Emergency Services, is empowered:
(A) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; (8) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; (C) To require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in Riverside County, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; (D) To requisition necessary personnel or material to any City department or agency;and ·
(E) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by Chapter 2.20 of the Palm Springs Municipal Code or by resolution or emergency plan pursuant thereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
March 14, 2020
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
8'896.111100\3279!188!1.l
<__;2,;~~
David H. Ready~
City Manager/Director of Emergency
Services ·
ATTACHMENT 3
Item 3D - Page 26
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROCLAIMING THE
TERMINATION OF THE EXISTENCE OF A LOCAL
EMERGENCY (NOVEL CORONAVIRUS “COVID-19”)
DECLARED MARCH 14, 2020; AND RESCINDING
RESOLUTION NO. 24738
WHEREAS, on March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 14, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Palm Springs, after determining that the spread of COVID-19 is likely to create emergency conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and
WHEREAS, the original intent of the State of Emergency was to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization that may exceed locally available resources; and
WHEREAS, on October 17, 2022, Governor Newsom announced that the Covid19 State of Emergency will end on February 28, 2023; and WHEREAS, on January 30, 2023, the Biden Administration announced its intent to end the national emergency and public health emergency declarations on May 11, 2023; and
WHEREAS, the City Council has exercised due diligence and has determined that the conditions of extreme peril presented by the spread of COVID-19 have been abated to such a degree as to warrant the termination of the local emergency.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. That the findings and determinations reflected above are true and correct, and are incorporated herein by this reference.
SECTION 2. Termination of Local Emergency. The City Council does hereby proclaim that the local emergency that was declared on March 14, 2020, by the City Manager/Director of Emergency Services, which was ratified by the City Council on March 19, 2020, via Resolution No. 24738, is hereby rescinded and terminated.
Item 3D - Page 27
SECTION 3. Effective Date. This resolution shall become effective midnight February 28, 2023.
SECTION 4. Effect on Prior Actions. Nothing contained in this resolution shall be deemed to effect any prior emergency order or any enforcement action taken pursuant thereto.
SECTION 5. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.
ADOPTED THIS ___TH DAY OF ________________, _________.
TERESA GALLAVAN
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 3D - Page 28
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3D - Page 29
ATTACHMENT B
Item 3D - Page 30
TEXT OF BROWN ACT AMENDED BY A.B. 557
Cal. Gov. Code 54953, as amended by A.B. 557
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. (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 Item 3D - Page 31
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 either of the following circumstances:
(A) 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. (B) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), 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.
Item 3D - Page 32
(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.
(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 (D), 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 (D), 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 (D), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(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.
Item 3D - Page 33
(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. (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:
Item 3D - Page 34
(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.
Item 3D - Page 35
(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 the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(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 twoway telephonic function.
Item 3D - Page 36
(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, 2026, and as of that date is repealed.
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