Agenda packet — San Carlos City Council, July 8, 2022

1 CI

TY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Special Meeting
July 8, 2022 11:30 AM

CONDUCTED REMOTELY
www.cityofsancarlos.org
AGENDA
In accordance with Assembly Bill 361, this meeting will be held by teleconference, and there will not be a physical location from which the public may at tend. The public will have access to remotely observe the meeting and address the Council as outlined below.

Observe the Meeting Live:

Join the meeting online at https://us02web.zoom.us/j/86529987321; or call 1-669-900-9128 and enter the Meeting ID #: 865 2998 7321
Provide Public Comments:

If you plan to make a public comment, please observe the meeting via Zoom (see above access information), and during the public comment period, use the “raise hand” feature. If joining by phone, press *9 to “raise hand”.

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura Parmer-Lohan, Adam Rak

1. CALL TO ORDER

2. PUBLI

C COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speake
r is limited to two minutes. If there are more than five individuals wishing to speak during public comment, the Mayor may ch oose to allow the first five speakers to speak during this time, and the balance of the Public Comment speakers will be called upon at the end of the Council Meeting.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statemen ts made or questions posed as allowed under the Brown Act (Government Code Sect ion 54954.2). The City Council's general policy is to refer items to staff for attentio n, or have a matter placed on a future City Council agenda for a more comprehensive acti on or report and formal public discussi on and
input at that time.

2 3. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Adopt a Resolution Making Findings and Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361. c. Authorize the Mayor to Sign a Letter on Behalf of the City Council to San Mateo County Transit District (SamTrans) Regarding the Council's Desire for Housing to be Included as a Component of SamTrans' Redevelopment of Their Headquarters at 1250 San Carlos Avenue.

4. ADJOURNMENT

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 802-4222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CITY COUNCIL

STAFF REPORT

MEETING DATE: July 8, 2022

ITEM TITLE: Adopt a Resolution Making Findings and Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing remote teleconference meetings of the City Council and Commissions pursuant to Assembly Bill (“AB”) 361.

FISCAL IMPLICATIONS:

There is no financial impact associated with adopting the proposed Resolution.

BACKGROUND:

On March 4, 2020, Governor Newsom of California proclaimed a state of emergency in response to the outbreak of the novel coronav irus (COVID-19). Then on March 17, 2020, the Governor issued Executive Order N-29-20, easi ng Brown Act restrictions to allow local legislative bodies to hold their meetings via teleconference. This enabled the San Carlos City Council and staff to continue to safely conduct public meetings with public participation via teleconference, while still adhering to the County of San Mateo Health Officer’s "shelter -in- place" order.

On September 16, 2021, Governor Newsom appr oved AB 361 with the goal to “improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broa der access through teleconferencing options. ” The bill contains an urgency clause, which made the bill effective upon signing with a sunset date of January 1, 2024.

AB 361 allows local legislative bodies to continue to meet remotely if they met three criteria:

1. The local agency holds a meeting during a declared state of emergency proclaimed by the Governor;

2. State or local officials have imposed or recommended measures to promote social distancing; and

3. Legislative bodies have determined that meeting in person would present imminent risks to the health or safety of attendees.

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2 Pursuant to AB 361, the City Council adopted Re solution 2021-093 on September 27, 2021, declaring the need for the City Council and Commissions to continue conducting remote meetings. Since October 25, 2021, the City Council has adopted a Resolution each month renewing its declaration to continue meeting remotely for the next 30 days.

As of May 9 2022, the City Council and Planning Commission meetings have been conducted in -person, with an option for the public to participate remotely via Zoom. The Economic Development Advisory Commission and Youth Adviso ry Council have also transitioned to this meeting format. The Parks, Recreation and Cu lture Commission, Residential Design Review Committee, and Transportation and Circulation Commission have remained as remote meetings.

ANALYSIS:

While the City Council and Planning Commission have transitioned to in-person meetings, there are other City commissions that have opted to continue remote meetings. Adopting the proposed Resolution will provide those commissi ons with the option to continue remote meetings. In addition, members of the City Co uncil and Planning Commi ssion will have the flexibility to participate via teleconference in the event of a potential COVID-19 exposure or COVID-19 related concerns, such as an asymptom atic infection or concerns that an infection might occur at a remote location when a co uncilmember or commissi oner has an active infection. If the Council approves the proposed Resolution, staff will present a staff report to Council every thirty days to verify that the circumstances continue to exist.

If the Council does not adopt a Resolution this evening to authorize remote meetings pursuant to AB 361, beginning July 14, 2022, all commissi ons will need to transition back to in-person public meetings and any remote participation from members of the City Council and Commissions would need to be do ne according to the Brown Act’s teleconferencing requirements, which include identifying the tele conference location on the agenda of the meeting and allowing members of the public to attend the meeting at the teleconference location.

ALTERNATIVES:

The alternatives available to the Council include:

1. Adopt a Resolution making findings and authorizing remote teleconference meetings of the City Council and Commissions pursuant to AB 361; or

2. Do not adopt the Resolution and proceed to tr ansition all Commissions to in-person meetings beginning June 14, 2022; or

3. Provide staff with alternative direction.

Respectfully submitted by:
yy

Crystal Mui,
City Clerk

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3 Approved for submission by:
_________________________
Jeff Maltbie, City Manager
ATT
ACHMENT(S):

1. Res olution

2. AB 361

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RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

MAKING FINDINGS AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF T
HE CITY COUNCIL AND COMMISSIONS PURSUANT TO ASSEMBLY BILL 361. ____________________________________________________________________________ WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources avai lable, formalize emergency acti ons already underway across multiple state agencies and departments, and he lp the State prepare for broader spread of the novel coronavirus (COVID-19); and
WHEREAS, on March 10, 2020, the City Manager, acting as Director of Emergency Services of the City of San Carlos, proclaimed the existence of a local emergency within the City; and
WHEREAS, on March 12, 2020, the City Council ad opted Resolution 2020-013 ratifying and extending the Director of Emergency Services’ proclamation of the existence of a local emergency caused by COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, City staff set up Zoom meetings for all City Council and Commission meetings; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill (“AB”) 361 into law as an urgency measure that went into effect immediately; and WHEREAS, AB 361 authorizes local legislative bodies to continue to conduct meetings using teleconferencing without complying with the Ralph M. Brown Act’s standard teleconferencing requirements if certain conditions are met; and WHEREAS, on September 27, 2021, pursuant to A ssembly Bill 361, the City Council adopted Resolution 2021-093 making findings on the need for the City Council and Commissions to continue to teleconference in order to ensure the health and safety of the public; and WHEREAS, each month since the passing of Resolution 2021-093, the City Council has reviewed the situation and adopted a Resolution renewing its declaration for the need for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361; and
WHEREAS, as of May 9 2022, the City Council and Planning Commission meetings have been conducted in-person, with an option for th e public to participate remotely via Zoom. The Economic Development Advisory Commission and Youth Advisory Council have also transitioned to this meeting setup; and
WHE REAS , the Parks, Recreation and Culture Commission, Residential Design Review Committee, and Transportation and Circulation Commission have remained as remote meetings; and

3.b.a
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Attachment: Resolution (Assembly Bill 361)
WHE
REAS, adopting a Resolution making findings and authorizing the option for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361, pr ovides Commissions who aren’t ready to meet in person the option to continue remote meetings; and
WHEREAS, adopting a Resolution making findings and authorizing the option for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361 and provides members of the City Council and Commissions who have returned to in-person meetings with the flexibility to participate via teleconference in the event of potential COVID-19 exposure, future orders restricting attendance, a new variant causing the need to return to full remote meetings or other COVID-19 related concerns.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby makes the following findings, in compliance with AB 361, and in order to continue to teleconference under the modified Brown Act requirements:
a. The City Council has reconsidered the circumstances of the state of emergency; b. T
he Governor’s proclamation for a state of emergency issued on March 4, 2020 remains in effect;
c.

Full return to in-person meetings would cause imminent risk to attendees wh o are v
ulnerable or where staff or councilmembers may have an asymptomatic, or where they are only able to attend remotely due to an infection, and it would be unsafe for the public to attend at their remote meeting location; and d.

State and local officials continue to strongly recommend masks be worn by al l indiv
iduals in indoor settings.
*****
I, Crystal Mui, City Clerk, hereby certify th at the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 8th day of July 2022, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MA
YOR of the City of San Carlos

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Attachment: Resolution (Assembly Bill 361)
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) 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 contains speci ﬁed provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. 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. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that speciﬁed actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under speciﬁed circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 3.b.b
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Attachment: AB 361 (Assembly Bill 361)

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
resolving requests for reasonable accommodation for individuals with disabilities, as speciﬁed.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is deﬁned, when state or local health ofﬁcials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give 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, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to 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. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as speciﬁed.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as speciﬁed. When there is a continuing state of emergency, or when state or local ofﬁcials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make speci ﬁed ﬁndings not later than 30 days after the ﬁrst teleconferenced meeting pursuant to these provisions, and to make those ﬁndings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to ful ﬁll any condition precedent to the person’s attendance.
92 — 2 — Ch. 165

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Attachment: AB 361 (Assembly Bill 361)
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with speciﬁed exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location speciﬁed in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as speciﬁed.

This bill, until January 31, 2022, would authorize, subject to speci ﬁed notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as deﬁned, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as de ﬁned, for the bene ﬁt of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to speci ﬁed notice and accessibility requirements, a legislative body, as de ﬁned for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165— 3 —

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Attachment: AB 361 (Assembly Bill 361)
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) 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. (7) 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 — 4 — Ch. 165

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identi ﬁed in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location speciﬁed in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satis ﬁed any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modi ﬁcation or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch. 165— 5 —

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Attachment: AB 361 (Assembly Bill 361)
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identi ﬁed in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location speciﬁed in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 — 6 — Ch. 165

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisﬁed any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modi ﬁcation or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165— 7 —

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
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 speci ﬁc 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 subdivisions (d) and (e). 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.

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
(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) 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 of ﬁcials 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) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) 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. 92 Ch. 165— 9 —

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Attachment: AB 361 (Assembly Bill 361)
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. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency 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 which prevents members of the public from offering public comments using the call-in option or internet-based service option, the 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 which prevents the public agency 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.

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Attachment: AB 361 (Assembly Bill 361)
(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 of ﬁcials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, “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).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code 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 in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(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 speci ﬁc 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 92 Ch. 165— 11 —

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Attachment: AB 361 (Assembly Bill 361)
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). 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 bene ﬁts 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 92 — 12 — Ch. 165

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Attachment: AB 361 (Assembly Bill 361)

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. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency 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 which prevents members of the public from offering public comments using the call-in option or internet-based service option, the 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 which prevents the public agency 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 92 Ch. 165— 13 —

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Attachment: AB 361 (Assembly Bill 361)
the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (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. (G) (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 of ﬁcials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, “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).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. 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 92 — 14 — Ch. 165

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
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 requirements of this chapter and all otherwise applicable provisions of law relating to a speci ﬁc 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 bene ﬁts 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, 92 Ch. 165— 15 —

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
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, 2024.

SEC. 4.1. 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, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(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 requirements of this chapter and all otherwise applicable provisions of law relating to a speci ﬁc 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 92 — 16 — Ch. 165

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Attachment: AB 361 (Assembly Bill 361)
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.

3.b.b
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Attachment: AB 361 (Assembly Bill 361)
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, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative ﬁrst, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature ﬁnds and declares that Sections 3 and 4 of this act, which amend, repeal, and add 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 of ﬁcials 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 during applicable emergencies.

SEC. 8. (a) The Legislature ﬁnds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 — 18 — Ch. 165

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Attachment: AB 361 (Assembly Bill 361)
(b) The Legislature ﬁnds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit 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:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) 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 hotel room, this act protects the personal, private information of public of ﬁcials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and ﬁre protection to their constituents during public health, wildﬁre, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 Ch. 165— 19 —

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Attachment: AB 361 (Assembly Bill 361)
CI

TY COUNCIL

STAFF REPORT
MEETING DATE: July 8, 2022
ITEM TITLE: Authorize the Mayor to Sign a Letter on Behalf of the City Council to San Mateo County Transit District (SamT rans) Regarding the Council's Desire for Housing to be Included as a Co mponent of SamTrans' Redevelopment of Their Headquarters at 1250 San Carlos Avenue.

RECO
MMENDATION:

St
aff recommends that the City Council authorize the Mayor to sign the attached letter on behalf of the City Council to the San Mateo County Transit District ( “SamTrans”) regarding the Council’s desire for housing to be included as a component of SamTrans’ redevelopment of their headquarters at 1250 San Carlos Avenue.

FISCAL IMPLICATIONS:

T
here are no fiscal implications associated with this action.

BACKGROUND:

Sam
Trans owns the office building and parking garage located at 1250 San Carlos Avenue. The property is located in the heart of Downtown Sa n Carlos and is used by SamTrans as their headquarters. Recently, the City has learned that SamTrans is exploring a potential redevelopment of the site.

ANALYSIS:

Calif
ornia, the Bay Area, and San Carlos specif ically, are facing a critical need for more housing. Under the State’s Regional Housing Needs Allocation (“RHNA”), San Carlos has been tasked with planning for 2,735 new homes over the next eight years, a monumental increase from the previous cycle when San Carlos received an allocation of 596 new homes. In response to this increase and the continuing rise of ho using costs in the city, the Council has been exploring strategies to encourage more housing development.

One strategy includes potential zoning changes to increase height and density for residential development along transit corridors served by SamTrans and in the area near the Agency’s headquarters. The property in question is immediately adjacent to numerous amenities and services in Downtown San Carlos and offers an ideal location for multifamily housing.

3.c
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2 To further ensure the continued vitality of Downtown San Carlos, the Council also recently kicked off a Specific Plan that will serve as a policy document shaping the look, feel, and function of Downtown. With adding more housin g as a key component, the Plan will consider building heights, infrastructure improvements, new public spaces, and efforts to improve walking, bicycling, and driving. Encouraging Sa mTrans to include housing as part of their redevelopment plans would align ideally with this plan.

By submitting a letter on behalf of the City Council, the Mayor seeks to reaffirm the Council’s commitment to increasing housing development and encourage SamTrans to capitalize on the opportunity to redevelop their headquarters by bu ilding housing that will support both their own workforce and the broader community.

ALTERNATIVES:

T
he alternatives available to the City Council include:

1. Authorize the Mayor to submit the attached letter on behalf of the City Council to Jessica Epstein, Manager of Government and Community Affairs at SamTrans, regarding the Council’s desire for housing to be includ ed as a component of SamTrans’ redevelopment of their headquarters at 1250 San Carlos Avenue; or

2. Do not authorize the Mayor to submit the attached letter; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, AICP
Community Development Director
Adam Aronson, Economic Development
and Housing Manager

Approved for submission by:
_________________________
Jeff Maltbie, City Manager
ATT
ACHMENT(S):

1. Housing Letter to SamTrans

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July 8, 2022
VIA EMAIL to MS. JESSICA EPSTEIN at [email protected] Dear Ms. Epstein,
On behalf of the San Carlos City Council, I am writing in regard to the San Mateo County Transit District’s (SamTrans) intention to redevelop its headquarters located at 1250 San Carlos Avenue in Downtown San Carlos. SamTrans and the Cit y of San Carlos have worked together as successful partners for many years and we sincerel y appreciate your desire to further invest in the City and continue as valued members of the San Carlos community. In the spirit of continuing this collaboration, the City Council would like to express its desire that SamTrans consider adding housing as a component of its redevelopment plans.

As you are well aware, our region faces a critic al need for more housing and San Carlos is no exception. Under the State’s Regional Housing Needs Allocation (RHNA), San Carlos has been tasked with planning for 2,735 new homes over the next eight years. During the previous eight year cycle, the State tasked th e City with planning for 596 new homes. With this increase, the Council is exploring numerous strategies to encourage more housing development in our community as we prepare our General Plan Hous ing Element Update which is expected to be completed by January 2023.

One such strategy includes potential zoning changes to increase height and density for residential development along transit corridors served by SamTrans’ fleet. As transit providers, I am sure that you are acutely aware of the benefits provid ed by transit oriented housing. SamTrans is situated in the heart of this focus area with ideal access to its bus routes and the nearby CalTrain Station. Furthermore, the property is immediately adjacent to the numerous amenities and services offered in Downtown San Carlos.

To ensure the continued vitality of Downtown San Carlos, the Council recently kicked off a Specific Plan that will serve as a policy document shaping the look, feel, and function of Downtown. With the addition of more housing as a key compon ent, the Plan will consider building heights, infrastructure improvements, new public spaces, and efforts to improve walking, bicycling, and driving. Including housing as part of SamTrans’ own redevelopment plans would align ideally with this plan and further demonstrate SamTrans’ commitment to its own workforce and the broader community that we both serve.

I hope that SamTrans will join us in prioritizing more housing and consider it as an essential component of its own redevelopment plans. Please know that both the City Council and City staff are here to assist you as your plans move forw ard and that we eagerly anticipate the changes you are undertaking in the heart of San Carlos.

Sincerely,

Sara McDowell, Mayor

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Attachment: Housing Letter to SamTrans (Housing Letter)

San Carlos City CouncilJuly 8, 2022

San Carlos City Council
July 8, 2022