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HomeMy WebLinkAboutItem 37 - Consider Amending City Council Meetings Rules and Procedures37. Review and Consider Amending City Council Meetings Rules and Procedures Including Teleconference Options Department(s): Recommended Action: City Clerk Office www.santa-ana.org/city-clerks-office Item # 37 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 18, 2023 TOPIC: City Council Meetings Rules and Procedures AGENDA TITLE Review and Consider Amending City Council Meetings Rules and Procedures Including Teleconference Options RECOMMENDED ACTION 1. Adopt a resolution amending the rules and procedures for City Council meetings to change the time of regular meetings, update the rules of procedure, clarify decorum regulations, and address teleconferencing. 2. Approve a revised Teleconferencing Policy (with or without provisions for AB 2449). 3. Provide direction to staff regarding the continued use of Zoom/teleconferencing for public participation in City Council meetings. DISCUSSION Santa Ana Charter Section 409 states that the City Council shall provide, by ordinance or resolution, for the time, place, and manner of holding its meetings. Charter Section 411 further states that the City Council shall establish rules for the conduct of its proceedings and to preserve order at its meetings. Practically, the requirements of these two sections have been met with the adoption of one resolution, currently Resolution No. 2013-019 (Exhibit 4). Rules and Procedures Staff recommends adopting a new resolution amending the rules and procedures for City Council meetings (Exhibit 1) to provide clarity and address certain topics, as follows: • City Council meeting start times: the current resolution states that Closed Session will begin no sooner than 5:00 PM and the Regular Open Meeting will begin at 5:45 PM. Any changes to these specific times require the meetings to be noticed as Special Meetings. Staff proposes that the start time of Closed Session be amended to begin anywhere between 3:00 PM and 5:00 PM, depending on the number of Closed Session agenda items, and the Regular Open Session to begin as soon as 5:30 PM. The specific start time will be noticed on the posted agenda. City Council Meetings Rules and Procedures July 18, 2023 Page 2 • City Council meeting end times: In November 2021, the City Council discussed the possible implementation of a curfew/termination time for City Council meetings. This practice is in place at other jurisdictions including the Cities of Irvine, Mission Viejo, Orange, San Clemente, Berkeley, Palo Alto, and Palm Springs. The proposed resolution calls for meetings to terminate at 12:00 AM (midnight), with the City Council determining at 11:00 PM which of the remaining agenda items can be considered and acted upon prior to 12:00 AM midnight and continuing all other items to a future City Council meeting. The City Council could vote to extend a meeting beyond 12:00 AM midnight to discuss specified items by a two-thirds (2/3) vote. • Rules of Procedure: City Council meetings currently follow Robert's Rules of Order, Newly Revised. Staff recommends changing to Rosenberg's Rules of Order, which have become the municipal government standard over the past several years and include more streamlined and easier to understand rules for the conduct of meetings. • Public Hearing Speaking Limits: For clarity and to establish specific timeframes, a new subsection has been added to the resolution for public hearings related to land use, entitlements, and appeals to provide the project applicant/appellant ten (10) minutes for their initial presentation and five (5) minutes for rebuttal comments following other public comments during the hearing. • Decorum Enforcement: Language has been added clarifying procedures pursuant to recently enacted State law regarding the right of the presiding officer to clear the meeting room if there is a disturbance. • Teleconferencing: A new section has been added to specifically state that the City Council shall follow the provisions of the Ralph M. Brown Act regarding teleconferencing and a Teleconferencing Policy, to be discussed below. • Clerical Edits: Clerical edits have been made to change the title of the City Clerk, provide for gender -neutral pronouns, and for capitalization and punctuation standardization. Teleconferencing On March 21, 2023, the City Council received and filed a report regarding the Brown Act and Teleconferencing Provisions (Exhibit 5), providing information about the manner under which teleconferencing for legislative bodies is authorized under the Ralph M. Brown Act (Government Code Section 54950 et seq.). Staff has subsequently found that in June 2021, the City Council was provided with a City Clerk Policy Regarding Teleconferencing that is now outdated and needs to be updated to include more recent changes to State law. Staff recommends that City Council approve an amended Teleconferencing Policy, and in doing so, the City Council has two options: 1) Adopt a policy that restricts City Councilmembers to only participate in meetings remotely via the traditional/pre-pandemic provisions for teleconferencing including, but not limited to, advanced notice of need to teleconference, address City Council Meetings Rules and Procedures July 18, 2023 Page 3 of teleconferencing location included on agenda, posting of agenda at teleconference location which shall be open and accessible to members of the public, but no requirement for individual teleconferencing capabilities by members of the public. (Exhibit 2) 2) Adopt a policy that also provides City Councilmembers the ability to participate in meetings remotely under the provisions of AB 2449 for Just Cause/Emergency Provisions (effective through January 1, 2026) including, but not limited to, notification at the earliest opportunity, limited use of provision, disclosures of other adults present, use of both audio and visual technology, and public comment via the teleconferencing platform in real time. (Exhibit 3) Use of Zoom for Public Participation Prior to the declared State of Emergency related to COVID-19, City Council meetings were held in the Council Chamber with in -person participation by members of the City Council and members of the public who wished to address the City Council. City Council meetings were live -streamed to the internet and broadcast on the City's cable television channel for public viewing. During the declared State of Emergency and to provide for the health and safety of all participants, the City implemented Zoom/teleconference participation, in addition to the live -streaming and broadcasting, for both members of the City Council and for members of the public wishing to address the City Council. Governor Newsom ended the declared State of Emergency related to COVID-19 effective February 28, 2023 and the City Council terminated the proclamation of a local emergency regarding the Coronavirus (COVID-19) pandemic on April 18, 2023. Since that time, the City has continued to allow remote public participation in City Council meetings as a matter of convenience to the public and not under any legal requirement. Staff seeks direction from the City Council regarding continuing to allow remote public participation in City Council meetings or discontinuing the use of remote public participation. Members of the public would continue to have the ability to attend City Council meetings in person, submit written correspondence, and view meetings via the internet/cable television. FISCAL IMPACT There is no financial impact association with this action. EXHIBIT(S) 1. Resolution Amending Rules and Procedures 2. Teleconferencing Policy without provisions of AB 2449 3. Teleconferencing Policy including provisions of AB 2449 4. Resolution No. 2013-019 (existing resolution amending rules and procedures) City Council Meetings Rules and Procedures July 18, 2023 Page 4 5. Staff Report Dated March 21, 2023, Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions (link) Submitted By: Jennifer L. Hall, City Clerk, and Sonia R. Carvalho, City Attorney Approved By: Kristine Ridge, City Manager RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE COUNCIL RULES AND PROCEDURES TO CHANGE THE TIME OF REGULAR MEETINGS, UPDATE THE RULES OF PROCEDURE, CLARIFY DECORUM REGULATIONS, AND ADDRESS TELECONFERENCING, AND REPEALING RESOLUTION NO. 2013- 019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 409 of the City Charter and Sections 2-100 et seq. of Santa Ana Municipal Code call for the City Council to adopt rules and procedures for the scheduling and conducting of meetings of the City Council. B. The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the "Brown Act") sets forth statewide standards for meetings of local agencies including the Santa Ana City Council. C. The City Council desires to amend the City Council Rules and Procedures to change the time of regular meetings, updates the rules of procedure, clarify decorum regulations, and address teleconferencing. Section 2. City Council meetings, time and place. (a) Regular meetings of the City Council shall be on the first and third Tuesdays of each month beginning on January 1, 2014. The meeting shall begin between the hours of 3:00 P.M. and 5:00 P.M. for Closed Session followed by the Regular Open Meeting at 5:30 P.M., with the specific time legally noticed and posted on the agenda. The City Council shall publicly convene the meeting and then recess to conduct closed or executive sessions. Regular meetings of the City Council shall be convened in the Council Chamber or as noted on the agenda and time as specified on the agenda. After being convened, all meetings may be adjourned to such other place or places as the City Council may order. (b) Notwithstanding any other provision of this resolution, any regular meeting of the Council may be set, canceled, or rescheduled to a different date, time, or location by resolution duly adopted by the affirmative votes of a majority of the City Council or by any other manner as provided by law. The date, time, and location of any meeting set or rescheduled to a different date, time, or location shall be noticed and posted in the manner provided by law. (c) Special meetings of the City Council may be held at such locations as stated in the action calling such meetings and otherwise in conformance with the Brown Act. A special meeting may be called by the Mayor or the Mayor Pro Tern by either of them contacting the City Clerk and requesting orally or in writing the call of a special meeting. A majority of the members of the City Council can also call a special meeting by delivering a written notice to the City Clerk of a request for a special meeting. Upon receiving a request from the Mayor, Mayor Pro Tem, or a majority of the City Council, the City Clerk shall notice the special meeting. (d) All meetings are scheduled to terminate at 12:00 A.M. (midnight). At 11:00 P.M., the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 12:00 A.M. midnight, and will continue all other items on which additional time is required until a future City Council meeting. A two-thirds (2/3) vote of the Council is required to extend a meeting beyond 12:00 A.M. midnight to discuss specified items. Section 3. Agenda. The City Clerk shall prepare an agenda for each regular and special meeting of the City Council containing all items known by such officer to be considered. The order of placing items on the agenda shall be approved from time to time by the City Council. The agenda shall contain such information as required by the Brown Act. In addition, the agenda shall contain the following sections to provide for reporting by the City Council: AB1234 reports, Council Committee reports, and Regional Agency reports. Section 4. Rules of Procedure. Procedures before the City Council shall be governed by the most current edition of Rosenberg's Rules of Order. Application of such procedures shall be vested in the sound discretion of the presiding officer. Section 5. Decorum; Time limits and other regulations for speaking. (a) The City Council shall preserve decorum and an orderly procedure during debate. Councilmembers desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a Councilmember shall confine their comments to the questions under debate. A Councilmember, once recognized, should not be interrupted unless a point of order is raised by another member. The presiding officer should not recognize a Councilmember to speak who has already spoken on a matter under debate until all other Councilmembers who wish to be heard have spoken. A Councilmember should limit themself to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each Councilmember who may speak up to three (3) minutes on matters of public or community interest. (b) The agenda for all regular meetings of the City Council shall provide members of the public the opportunity to address the City Council on agendized matters and non-agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing to the City Clerk. No such requests shall be accepted after the public comment session begins without permission of the presiding officer. The agendas for adjourned, special, and emergency meetings of the City Council shall provide for public comment as provided in the Brown Act. (c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (i) address the City Council on any and all matters contained on the City Council agenda as well as the agendas of any of the City's related entities, such as the Successor Agency (formerly the Community Redevelopment Agency) or the Housing Authority, if those entities have meetings scheduled at the same time, and/or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. The presiding officer shall have the discretion to reduce the time allotted to speakers. (d) For general public hearings, members of the public shall be given three (3) minutes to address the City Council for each duly noticed hearing, unless continued prior to taking testimony. i. For public hearings related to land use, entitlements, or appeals, the applicant/appellant and/or their representative(s) whose matter is the subject of the public hearing shall be given ten (10) minutes for their initial presentation. Members of the public shall be given three (3) minutes to address the City Council on the subject of the public hearing. The applicant/appellant and or their representative(s) shall be given five (5) minutes for rebuttal comments. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state their name and address for the record, identify the matter by agenda designation (if applicable), and direct remarks to the City Council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record. No person other than members of the City Council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the City Council, if a group of people seeks to address the City Council on the same matter or topic, the presiding officer may direct the group to designate a spokesperson or limited number of speakers to address the City Council. (g) The following rules shall apply to all persons addressing the City Council. All speakers are requested to: • direct all testimony to the City Council or the presiding officer and not individual Councilmembers, • when speaking on agenda matters, limit comments to the agenda item(s), • when speaking on non -agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and, • refrain from profane language, racial epitaphs, and libelous or slanderous statements that disturb the decorum of the meeting. (h) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c). Among other means of enforcement, the presiding officer may order the podium microphone turned off and/or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. Pursuant to the procedures set forth in the Brown Act, and legally required warnings, the presiding officer may order the meeting space cleared to restore order. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The presiding officer, upon consultation with the City Clerk and the City Attorney, may establish a procedure to re -admit an individual or individuals not responsible for the disturbance. (i) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode/quiet or be turned off while a meeting is in session. Section 6. Teleconferencing. Remote participation in a City Council meeting shall be governed by the teleconferencing provisions set forth in the Ralph M. Brown Act (Government Code Section 54950, et seq.) and by a Teleconferencing Policy duly adopted by the City Council. Section 7. The provisions of Sections 4, 5, and 6 of this resolution shall apply to meetings of committees of the City Council, as may be modified from time to time by such committees. Section 8. This Resolution shall supersede Resolution No. 2013-019 and shall take effect immediately upon its adoption by the City Council. The City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 18th day of July 2023. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney in Valerie Amezcua Mayor SONIA R. CARVALHO, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: Jennifer L. Hall, City Clerk City of Santa Ana City of Santa Ana J Administrative CityCouncil Approval Section: Policies and Procedures TELECONFERENCING POLICY (Traditional Brown Act Provisions) Date Approved: Number: PURPOSE The purpose of this policy is to outline the circumstances where members of the Santa Ana City Council (and associated bodies such as the Housing Authority, Successor Agency, and any sub -committees of the City Council; hereinafter "Council") will be allowed to attend and participate remotely in Meetings under the teleconferencing provisions set forth in the Ralph M. Brown Act (Government Code Section 54950, et seq.) ("Brown Act"), and to establish general procedures to ensure Brown Act compliance. RECITALS WHEREAS, under Section 54953 of the Government Code, a legislative body of a local agency may elect to use teleconferencing for the benefit of the public and a legislative body of a local agency in connection with any meeting or proceeding authorized by law. WHEREAS, teleconferencing, as authorized by Section 54953, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. WHEREAS, if the legislative body of a local agency elects to use teleconferencing, the legislative body of the local agency must comply with the requirements set forth in paragraph (2) of subdivision (b) of Section 54953 ("Teleconference Requirements"). WHEREAS, except as provided in subdivision (e) of Section 54953, if the legislative body of a local agency elects to use teleconferencing, it must post agendas at all teleconference locations; each teleconference location must be identified in the notice and agenda of the meeting or proceeding; each teleconference location must be accessible to the public; and 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 ("Notice Requirements"). WHEREAS, pursuant to subdivision (e) of Section 54953, 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 1 paragraph (2) of subdivision (e) in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials 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; or (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 ("Proclaimed State of Emergency Circumstances"). POLICY 1. DEFINITIONS. For purposes of this Policy, the following definitions contained in the Ralph M. Brown Act (Gov. Code 54950 et seq.) shall apply: a. "Meeting" shall mean "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the legislative body" as defined by Section 54952.2(a) of the Brown Act, including but not limited to, any meeting of the City Council, related agencies, or standing committees. b. "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. c. "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). d. "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. e. "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 two-way telephonic function. f. "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. g. "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. 2 2. PUBLIC PARTICIPATION USING TELECONFERENCING. a. Public Participation. Santa Ana will allow members of the public to remotely hear and visually observe the meeting for each meeting. Members of the public will be allowed to remotely address the legislative body using: (i) a two-way audiovisual platform; or (ii) a two-way telephonic service and a live webcasting of the meeting only during such meetings where the meeting is held regarding a proclaimed state of emergency. b. Requests For Reasonable Accommodation. Council shall 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. c. Additional Teleconference Locations. Nothing in this Policy shall prohibit the Council from providing the public with additional teleconference locations. d. Additional Physical Locations. Nothing in this Policy shall prohibit the Council from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. 3. COUNCILMEMBER PARTICIPATION USING TELECONFERENCING. a. Teleconference Meeting Requirements. During all meetings where members of the Council participate remotely by Teleconference, the following requirements shall apply: (A) all votes taken during a teleconferenced meeting shall be by roll call; (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 the Brown Act; and (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. b. Councilmember Participation in Compliance with Teleconferencing Notice Requirements. Members of Council may participate in a meeting remotely in compliance with the Notice Requirements under Section 54953(b)(3), including, but not limited to, identifying each teleconference location on the agenda, posting the agenda at each teleconference location, and having each teleconference location accessible to the public. c. Teleconference Meetings During Proclaimed State of Emergency. If Proclaimed State of Emergency Circumstances set forth in paragraph (1) of subdivision (e) have been established, Council may use Teleconferencing without complying with the Notice Requirements set forth paragraph (3) of subdivision (b) of Section 54950 provided Council does all of the following: i. 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, Santa Ana shall also give notice of the means by which members of the public may access the meeting and offer public comment. ii. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. iii. 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. iv. Actions taken on any agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1 of the Government Code. v. Santa Ana shall not require public comments to be submitted in advance of the meeting and shall provide an opportunity for the public to address the legislative body and offer comment in real time. vi. If Council provides a timed public comment period for each agenda item it shall not close the public comment period for the agenda item, or the opportunity to register to provide public comment until that timed public comment period has elapsed. vii. If Council does not provide a timed public comment period, but takes public comment separately on each agenda item, Council 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, or otherwise be recognized for the purpose of providing public comment. viii. If Council provides a timed general public comment period that does not correspond to a specific agenda item, it shall not close the public comment period or the opportunity to register, until the timed general public comment period has elapsed. ix. If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order .19 to continue to teleconference without compliance with paragraph (3) of subdivision (b), Council shall, not later than 30 days after teleconferencing for the first time of the Proclaimed State Of Emergency Circumstances, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and 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; or (ii) State or local officials continue to impose or recommend measures to promote social distancing. c. Councilmember Participation Using Teleconferencing During Just Cause and Emergency Circumstances Not Allowed. Members of Council may not participate in a meeting remotely under the provisions of subdivision (f) of Section 54953. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 5 City of Santa Ana J Administrative CityCouncil Approval Section: Policies and Procedures TELECONFERENCING POLICY (with post- Pandemic Allowances per AB 2449) Date Approved: Number: PURPOSE The purpose of this policy is to outline the circumstances where members of the Santa Ana City Council (and associated bodies such as the Housing Authority, Successor Agency, and any sub -committees of the City Council; hereinafter "Council") will be allowed to attend and participate remotely in Meetings under the teleconferencing provisions set forth in the Ralph M. Brown Act (Government Code Section 54950, et seq.) ("Brown Act"), and to establish general procedures to ensure Brown Act compliance. RECITALS WHEREAS, under Section 54953 of the Government Code, a legislative body of a local agency may elect to use teleconferencing for the benefit of the public and a legislative body of a local agency in connection with any meeting or proceeding authorized by law. WHEREAS, teleconferencing, as authorized by Section 54953, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. WHEREAS, if the legislative body of a local agency elects to use teleconferencing, the legislative body of the local agency must comply with the requirements set forth in paragraph (2) of subdivision (b) of Section 54953 ("Teleconference Requirements"). WHEREAS, except as provided in subdivisions (e) and (f) of Section 54953, if the legislative body of a local agency elects to use teleconferencing, it must post agendas at all teleconference locations; each teleconference location must be identified in the notice and agenda of the meeting or proceeding; each teleconference location must be accessible to the public; and 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 ("Notice Requirements"). WHEREAS, pursuant to subdivision (e) of Section 54953, 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 1 paragraph (2) of subdivision (e) in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials 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; or (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 ("Proclaimed State of Emergency Circumstances"). POLICY 1. DEFINITIONS. For purposes of this Policy, the following definitions contained in the Ralph M. Brown Act (Gov. Code 54950 et seq.) shall apply: a. "Meeting" shall mean "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the legislative body" as defined by Section 54952.2(a) of the Brown Act, including but not limited to, any meeting of the City Council, related agencies, or standing committees. b. "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. c. "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. d. "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). e. "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. f. "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 two-way telephonic function. 2 g. "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. h. "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. 2. PUBLIC PARTICIPATION USING TELECONFERENCING. a. Public Participation. Santa Ana will allow members of the public to remotely hear and visually observe the meeting for each meeting. Members of the public will be allowed to remotely address the legislative body using: (i) a two-way audiovisual platform; or (ii) a two-way telephonic service and a live webcasting of the meeting only during such meetings where a member of Council participates using teleconferencing under the Just Cause or Emergency Circumstances provisions or the meeting is held regarding a proclaimed state of emergency. b. Requests For Reasonable Accommodation. Council shall 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. c. Additional Teleconference Locations. Nothing in this Policy shall prohibit the Council from providing the public with additional teleconference locations. d. Additional Physical Locations. Nothing in this Policy shall prohibit the Council from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. 3. COUNCILMEMBER PARTICIPATION USING TELECONFERENCING. a. Teleconference Meeting Requirements. During all meetings where members of the Council participate remotely by Teleconference, the following requirements shall apply: (A) all votes taken during a teleconferenced meeting shall be by roll call; (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 the Brown Act; and (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 b. Teleconference Meetings During Proclaimed State of Emergency. If Proclaimed State of Emergency Circumstances set forth in paragraph (1) of subdivision (e) have been established, Council may use Teleconferencing without complying with the Notice Requirements set forth paragraph (3) of subdivision (b) of Section 54950 provided Council does all of the following: i. 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, Santa Ana shall also give notice of the means by which members of the public may access the meeting and offer public comment. ii. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. iii. 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. iv. Actions taken on any agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1 of the Government Code. v. Santa Ana shall not require public comments to be submitted in advance of the meeting and shall provide an opportunity for the public to address the legislative body and offer comment in real time. vi. If Council provides a timed public comment period for each agenda item it shall not close the public comment period for the agenda item, or the opportunity to register to provide public comment until that timed public comment period has elapsed. vii. If Council does not provide a timed public comment period, but takes public comment separately on each agenda item, Council 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 , or otherwise be recognized for the purpose of providing public comment. viii. If Council provides a timed general public comment period that does not correspond to a specific agenda item, it shall not close the public comment j9 period or the opportunity to register, until the timed general public comment period has elapsed. ix. 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), Council shall, not later than 30 days after teleconferencing for the first time of the Proclaimed State Of Emergency Circumstances, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and 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; or (ii) State or local officials continue to impose or recommend measures to promote social distancing. c. Councilmember Participation Using Teleconferencing During Just Cause and Emergency Circumstances. Members of Council may participate in a meeting remotely if one of the following circumstances applies: i. Just Cause. Members of Council may participate in a meeting remotely if 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. "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;' (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); or (D) travel while on official business of the legislative body or another state or local agency. 1. The notice provided shall include a general description of the circumstances relating to their need to appear remotely at the given meeting. 2. A member may not use just cause for more than two meetings per calendar year. ii. Emergency Circumstances. Upon written request, members of Council may participate in a meeting remotely due to emergency circumstances if the legislative body approves the request. "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending in person. "Child," "parent," "grandparent," "grandchild," and "sibling" have the same meaning as those terms do in Section 12945.2. 5 1. The request shall include a general description of the circumstances relating to the member's need to appear remotely at the given meeting. The general description of an item generally need not exceed 20 words and is not required 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). 2. Members shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. 3. Members shall make a separate request for each meeting in which they seek to participate remotely. 4. Council 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, Council may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. iii. During the meeting where a members participates remotely due to Just Cause or an Emergency, at least a quorum of the members of Council participate in person from a single physical location clearly identified on the agenda, which location is open to the public and situated within the boundaries of the territory over which Santa Ana exercises jurisdiction. iv. During the meeting where a members participates remotely due to Just Cause or an Emergency, the member participating remotely 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; and the member shall participate through both audio and visual technology during the meeting. v. The provisions 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 (20%) 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. vi. During the meeting where a members participates remotely due to Just Cause or an Emergency, the legislative body shall have available 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) 6 a two-way audiovisual platform; or (ii) a two-way telephonic service and a live webcasting of the meeting. vii. During the meeting where a members participates remotely due to Just Cause or an Emergency, 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. viii. During the meeting where a member(s) participates remotely due to Just Cause or an Emergency, 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. ix. During the meeting where a members participates remotely due to Just Cause or an Emergency, 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. x. During the meeting where a member(s) participates remotely due to Just Cause or an Emergency, 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. xi. During the meeting where a members participates remotely due to Just Cause or an Emergency, 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. d. Councilmember Participation in Compliance with Teleconferencing Notice Requirements. Members of Council may participate in a meeting remotely in compliance with the Notice Requirements under Section 54953(b)(3). 7 4. This Policy shall remain in effect only until January 1, 2026, and as of that date is repealed. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 SRC 04/22/2013 RESOLUTION NO. 2013-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CITY COUNCIL RULES AND PROCEDURES TO ESTABLISH PROCEDURES FOR CALLING SPECIAL MEETINGS, ALTERING THE AGENDA FORMAT TO PROVIDE FOR COUNCIL REPORTS, CHANGING THE DAY OF REGULAR COUNCIL MEETINGS, AND REPEALING RESOLUTION NO. 2012- 025. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 409 of the City Charter and Sections 2-100 et seq. of Santa Ana Municipal Code call for the City Council to adopt rules and procedures for the scheduling and conducting of meetings of the City Council. B. The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the "Brown Act") sets forth statewide standards for meetings of local agencies including the Santa Ana City Council. C. The City Council desires to change the day of regular City Council meetings in conformance with the Brown Act and in furtherance of the need for well -managed, efficient and accessible meetings; to establish procedures for calling special meetings and to alter the agenda format. Section 2. City Council meetings, time and place. (a) Regular meetings of the City Council shall be on the first and third Tuesdays of each month beginning on January 1, 2014. The meeting shall begin no sooner than the hour of 5:00 p.m. for Closed Session followed by the Regular Open Meeting at 5:45 p.m. The City Council shall publicly convene the meeting and then recess to conduct closed or executive sessions. (b) Regular meetings of the City Council shall be convened in the Council Chamber or as noted on the Agenda and time as specified on the agenda. After being convened, all meetings may be adjourned to such other place or places as the City Council may order. Resolution No. 2013-019 Page 1 of 5 (c) Special meetings of the City Council may be held at such locations as stated in the action calling such meetings and otherwise in conformance with the Brown Act. A special meeting may be called by the Mayor or the Mayor Pro Tern by either of them contacting the Clerk of the Council and requesting orally or in writing the call of a special meeting. A majority of the members of the City Council can also call a special meeting by delivering a written notice to the Clerk of the Council of a request for a special meeting. Upon receiving a request from the Mayor, Mayor Pro Tern or a majority of the City Council, the Clerk of the Council shall notice the special meeting. Section 3. Agenda. The Clerk of the Council shall prepare an agenda for each regular and special meeting of the City Council containing all items known by such officer to be considered. The order of placing items on the agenda shall be approved from time to time by the City Council. The agenda shall contain such information as required by the Brown Act. In addition, the agenda shall contain the following sections to provide for reporting by the City Council: AB1234 reports, Council Committee reports, and Regional Agency reports. Section 4. Rules of Procedure. Procedures before the City Council shall be governed by the most current edition of Robert's Rules of Order, Newly Revised. Application of such procedures shall be vested in the sound discretion of the presiding officer. Section 5. Decorum; Time limits and other regulations for speaking. (a) The City Council shall preserve decorum and an orderly procedure during debate. Councilmembers desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a Councilmember shall confine his or her comments to the questions under debate. A Councilmember, once recognized, should not be interrupted unless a point of order is raised by another member. The presiding officer should not recognize a Councilmember to speak who has already spoken on a matter under debate until all other Councilmembers who wish to be heard have spoken. A Councilmember should limit himself or herself to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each Councilmember who may speak up to three (3) minutes on matters of public or community interest. (b) The agenda for all regular meetings of the City Council shall provide members of the public the opportunity to address the City Council on agendized matters and non-agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing and submitted to the Clerk of the Council. No such requests shall be accepted after the public comment session begins without permission of the Resolution No. 2013-019 Page 2 of 5 presiding officer. The agendas for adjourned, special and emergency meetings of the City Council shall provide for public comment as provided in the Brown Act. (c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (i) address the City Council on any and all matters contained on the City Council agenda as well as the agendas of any of the City's related entities, such as the Successor Agency (formerly the Community Redevelopment Agency) or the Housing Authority, if those entities have meetings scheduled at the same time, and/or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. (d) For public hearings, members of the public shall be given three (3) minutes to address the City Council for each duly noticed hearing, unless continued prior to taking testimony. This time limitation shall not apply to the applicant/appellant and/or their representative(s) whose matter is the subject of the public hearing. Applicants shall limit their presentations to a reasonable period of time, subject to the discretion of the presiding officer. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state name and address for the record, and identify the matter by agenda designation (if applicable), and direct remarks to the City Council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record. No person other than members of the City Council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the City Council, if a group of people seeks to address the City Council on the same matter or topic, the presiding officer may direct the group to designate a spokesperson or limited number of speakers to address the City Council. (g) The following rules shall apply to all persons addressing the City Council. All speakers are requested to: ■ direct all testimony to the City Council or the presiding officer and not individual Councilmembers, ■ when speaking on agenda matters, limit comments to the agenda item(s), ■ when speaking on non -agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and, ■ refrain from profane language, racial epitaphs, libelous or slanderous statements that disturb the decorum of the meeting. Resolution No. 2013-019 Page 3of5 (h) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c). Among the other means of enforcement, the presiding officer may order the podium microphone turned off and/or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. (i) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode/quiet or be turned off while a meeting is in session. Section 6. The provisions of Section 4 and Section 5 of this resolution shall apply to meetings of committees of the City Council, as may be modified from time to time by such committees. Section 7. This Resolution shall supersede Resolution No. 2012-025 and shall take effect immediately upon its adoption by the City Council. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of May 2013. ,- y— APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney By- SONIA R. CARVALHO, City Attorney YES: Councilmembers: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinaiero (7) NOES: Councilmembers: None (0 ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers Resolution No. 2013-019 Page 4 of 5 None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013-019 to be the original resolution adopted by the City Council of the City of Santa Ana on May 6, 2013. Date: Maria D. Huizar, Clerk of the Council Resolution No. 2013-019 Page 5 of 5