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Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 6, 2022
TOPIC: Assembly Bill 361
AGENDA TITLE:
Teleconferencing for Meetings of City Council and All Boards, Committees, and
Commissions Pursuant to the Provisions of Assembly Bill 361
RECOMMENDED ACTION
Adopt a resolution to consider continuing the use of teleconferencing for City Council,
board, committee, and commission meetings pursuant to the provisions of Assembly Bill
361 for the next 30 days.
DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20,
suspending certain provisions of the Brown Act to allow legislative bodies to conduct their
meetings completely telephonically or by other electronic means. City Council meetings
have been conducted by Zoom with councilmembers and staff all joining from remote
locations when necessary.
The suspension of certain provisions of the Brown Act was further extended by Governor
Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued
to allow completely virtual City Council (and other legislative body) meetings. This order
stayed in effect until September 30, 2021.
In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021.
It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a
state of emergency, and either (1) state or local officials have imposed or recommended
measures to promote social distancing, or (2) the legislative body determines by majority
vote that meeting in person would present imminent risks to the health and safety of
attendees.
The City of Santa Ana’s current practices with respect to live public comment via Zoom
already satisfy all of the new requirements in AB 361. Additionally, the individual
legislative bodies can make their own findings for the AB 361 teleconferencing resolution
Assembly Bill 361
September 6, 2022
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for future meetings. Determinations to continue to utilize remote meetings as allowed by
AB 361 must be re-visited by the legislative body every 30 days with the support of new
findings. Staff recommends this extension period to act as a helpful transitional stage for
boards, committees, and commissions who still currently meet virtually.
Most recently on August 16, 2022, the City Council adopted Resolution No. 2022-070,
making the required findings under AB 361 to allow the City to continue to offer
teleconference accessibility for public meetings after September 30, 2021, to help
mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional
findings to allow for the continued use of teleconferencing for City Council, board,
commission, and committee meetings pursuant to AB 361.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
Submitted By: Norma Orozco, Deputy Clerk of the Council
Approved By: Kristine Ridge, City Manager
Resolution 2022-XXX
Page 1 of 3
RESOLUTION 2022-xxx
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, 2022-004, 2022-015,
2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; 2022-063; and 2022-
070 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, Orange County has a medium-level transmission rate of COVID-19
according to the Center for Disease Control and Prevention community transmission
rates; 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
Resolution 2022-XXX
Page 2 of 3
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).
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 witho ut 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 u pon its approval.
ADOPTED this ____ day of September, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ________________________
Laura A. Rossini
Chief Assistant City Attorney
Resolution 2022-XXX
Page 3 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-
___ to be the original Resolution adopted by the City Council of the City of Santa Ana
on _____________, 2022.
Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana