HomeMy WebLinkAboutItem 07 - Brown Act Teleconferencing Provisions City Clerk’s Office
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Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 21, 2023
TOPIC: Brown Act Teleconferencing Provisions
AGENDA TITLE
Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions
RECOMMENDED ACTION
Receive and file a report regarding the Brown Act and teleconferencing provisions
(informational purposes).
DISCUSSION
Governor Newsom ended the declared State of Emergency related to COVID-19 effective
February 28, 2023. Accordingly, AB 361 will no longer be available.
While this effectively ends the current manner in which teleconferencing has been
conducted, teleconferencing is still authorized under the Ralph M. Brown Act
(Government Code §54950 et seq.) under the following provisions:
General Brown Act Provisions (traditional/pre-pandemic)
-A quorum of the City Council must meet from locations within the City of Santa
Ana city limits.
-Each teleconference location (physical address) must be identified on the agenda
and the agenda must be posted at each location seven (7) days prior to the
scheduled meeting in accordance with Santa Ana Municipal Code §2-150 of Article
II.I.
-The public must be afforded access to each teleconference location and be
afforded the opportunity to address City Council at each locations.
AB 2449 Just Cause / Emergency Provisions (effective through January 1, 2026)
-A quorum of the City Council must meet in-person at one physical location open
to the public (i.e., Council Chamber) and clearly identified on the agenda.
-A member of the City Council shall only participate in the meeting remotely if one
the following circumstances applies:
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o The Councilmember needs to participate remotely for “Just Cause”:
childcare or caregiving need, contagious illness, physical/mental disability
not otherwise accommodated, travel on official City business.
▪May only be used two times per calendar year.
▪Member must notify body at earliest opportunity possible, include at
the start of a regular meeting, and provide a general description of
the need to participate remotely.
o The Councilmember requests that the City Council allow the member to
participate remotely due to “Emergency Circumstances”: physical/family
medical emergency.
▪Requires a separate request to the legislative body each time with
general description of circumstances.1
▪If the request does not allow sufficient time to place the proposed
action on such a request on the posted agenda for the meeting for
which the request is made, the legislative body may take action at
the beginning of the meeting to place the item on the agenda in
accordance with Government Code §54954.2(b)(4).
▪Approval requires a majority vote.
-When appearing remotely, the teleconferencing member must:
o Disclose, before any action is taken, whether any other individuals 18 years
of age or older are present with the member, along with the general nature
of their relationship.
o Participate through both audio and visual technology.
-Does not require teleconferencing location to be included on the agenda but the
public must be given notice of the means by which they can access the meeting
and offer public comment.
-The City cannot require public comments to be submitted in advance of the
meeting and must provide an opportunity for the public to address the City Council
and provide comment in real time.
-Members of the City Council cannot teleconference under these provisions more
than three consecutive months or 20% of regular meetings in the calendar year (4
meetings).2
-The legislative body shall provide at least one of the following means by which the
public may remotely hear and visually observe the meeting and remotely address
the legislative body:
o A two-way audiovisual platform
o A two-way telephonic service and a live webcasting of the meeting.
-In the event of a disruption that prevents broadcast of the meeting or public
participation, no action shall be taken on any items on the agenda until public
access to the meeting is restored.
1 A general description generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or
disability, or any personal medical information that is already exempt under existing law.
2 For Boards and Commissions that meet less than 10 times in a calendar year, the just cause/emergency circumstances provision
can only be utilized twice per calendar year.
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-The agenda must include procedures for receiving and swiftly resolving requests
for reasonable accommodations for individuals with disabilities, consistent with
applicable civil rights and nondiscrimination laws.
Such provisions apply to all aspects of a meeting including Closed Session, Regular
Session, Work Study Sessions, and Public Hearings. These provisions also apply to all
other legislative bodies of the City of Santa Ana created by the City Council or created
through its City Charter (Boards, Commissions, and Committees).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Jennifer Hall, City Clerk
Approved By: Kristine Ridge, City Manager