HomeMy WebLinkAbout2023-007 - Authorizing the Use of Remote Teleconferencing (AB 361)1:4 *301 k1l 00 OR F0119YiZ1fi
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.)
generally requires local agencies meeting via teleconference, including through other
virtual or electronic means, to, among other things, provide public access at each location
in which members of the legislative body are teleconferencing; and
WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953
to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise
applicable to teleconferencing, during a proclaimed state of emergency if state or local
officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on
March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California
Emergency Services Act, and this proclaimed state of emergency currently remains in
effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency
on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section
2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB
361, the City Council is required to make certain findings every thirty (30) days; and
WHEREAS, the City Council of the City of Santa Ana, consistent with those
provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2021-088; 2022-004,
2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; 2022-063;
2022-070; 2022-073; 2022-077; 2022-087; 2022-090; 2022-094; 2022-103; and 2023-
003 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and
WHEREAS, the City Council of the City of Santa Ana has reconsidered the
circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote
social distancing to prevent the spread of COVID-19; and
WHEREAS, the continuation of remote teleconferencing will allow for full
participation by members of the public and the members of the City legislative bodies until
social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize
remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).
Resolution 2023-007
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NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa
Ana as follows:
SECTION 1. The above recitals are true and correct and shall be the findings of
the City of Santa Ana's City Council and each and every other legislative body of the City.
SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use
of remote teleconferencing pursuant to AB 361.
SECTION 3. The City Council and all other legislative bodies of the City of Santa
Ana created by the City Council or created through its City Charter shall continue to meet
virtually in accordance with Government Code section 54953(e) and without compliance
with section 54953(b)(3) based upon the findings and determinations hereby made by the
City Council.
SECTION 4. The City Clerk shall attest to and certify to the passage and adoption
of this resolution and it shall be effective immediately upon its approval.
ADOPTED this 71" day of February. 2023.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra Hernandez, Lopez,
Penaloza Phan Vazquez (7)
NOES:
Councilmembers
None
(0)
ABSTAIN:
Councilmembers
None
(0)
NOT PRESENT:
Councilmembers
None
(0)
Resolution 2023-007
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-
007 to be the original Resolution adopted by the City Council of the City of Santa Ana
on February 7, 2023.
Date: 2 1 I4 12=3
Clerk of the Coun I
City of Santa Ana
Resolution 2023-007
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