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HomeMy WebLinkAbout2026-024 - Amending Council Rules & Procedures to Telephonic or Internet Service RESOLUTION N0, 2026-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE COUNCIL RULES AND PROCEDURES TO ADD PROVISIONS ADDRESSING DISRUPTIONS TO TELEPHONIC OR INTERNET SERVICE CONSISTENT WITH SENATE BILL 707 ("SB 707") AND RULES FOR SIGNS AT COUNCIL MEETINGS, CLARIFY PUBLIC COMMENT, PRESENTATION, AND TRANSLATION PROCEDURES, AND REPEALING RESOLUTION NO. 2025- 004. 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. Resolution No. 2025-004 addresses City Council meetings time and place, Agendas, Rules of Procedures, Decorum, Time limits and other regulations for speaking, Teleconferencing, and Audio, Video and Photographic Recording, D. The City Council desires to amend the City Council Rules and Procedures to address disruptions to telephonic and internet service consistent with the requirements of Senate Bill 707 ("SB 707") (2025), to add rules regarding signs at Council meetings, and to clarify public comment, presentation, and translation procedures. 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 at the time specified on the agenda. After being convened, all Resolution No. 2026-024 Page 1 of 8 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 Tem, in the Mayor's noticed absence, 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 Tern, or a majority of the City Council, the City Clerk shall notice the special meeting. (d) All meetings are scheduled to terminate at 11:59 P.M. on the same day it began. At 11-.00 P.M., the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M., and will continue all other items on which additional time is required until a future City Council meeting. A majority vote of the Council is required to extend a meeting beyond 11:59 P.M. to discuss specified items. Section 3. Agenda. (a) 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 prior to posting shall be at the discretion of the City Manager, in consultation with the Mayor. The agenda shall contain such information as required by the Brown Act. In addition, the agenda shall contain the following sections: Presentations, Council Comments (including AB1234 reporting), Consent Calendar, Business Calendar, Public Hearing, Work Study Sessions, and Councilmember-Requested Items. (b) Presentations. Each Councilmember has the opportunity to request a maximum of one (1) ceremonial presentation per City Council meeting. Recipients of such presentations shall be limited to one speaker accepting such recognition and shall limit their comments to no more than three (3) minutes. 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. Resolution No. 2026-024 Page 2 of 8 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 themselves to three (3) minutes at any one time without permission of the presiding officer. During the Council Comments portion of the agenda, 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 via a "Request to Speak" card for in-person speakers and by "Raising Hand" or other electronic indicator for remote speakers. Request to Speak cards shall be submitted no later than the agendized start time of any Closed Session meeting for items to be considered during Closed Session and no later than 5:45 P.M., or upon the call to order, whichever is later, for any regularly scheduled City Council meeting. Remote speakers shall follow the instructions noted on the agenda and as provided by the presiding officer or City Clerk at the beginning of each meeting. The agendas for adjourned, special, and emergency meetings of the City Council shall provide for public comment as provided in the Brown Act. The timeframe for submitting Request to Speak cards for any adjourned, special, or emergency meeting will be noted on the posted agenda for such meeting. (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, 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. Separately, members of the public shall be given a total of three (3) minutes to address each or any of the City's related entities (Housing Authority, Successor Agency, Financing Authority, etc.) if/when they have noticed meeting agendas. The presiding officer shall have the discretion to reduce and also to increase the time allotted to speakers. The City Council may, by majority vote, address/revise the reduced or increased 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 Resolution No. 2026-024 Page 3 of 8 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 reasonable time 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 request the group to designate a spokesperson or limited number of speakers to address the City Council. In- person speakers will be called to address the City Council first, followed by those attending remotely. If a maximum time is set for public comment, such time shall be divided equally between in-person and remote speakers, as necessary, with remaining time for either group (if any) re-allocated to the other if any speakers remain who have not yet been heard within the maximum time set. (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) Use of City equipment for video or audio presentations by a speaker shall be prohibited. However, nothing contained herein shall prohibit a speaker from making a presentation (including photographs, diagrams, or using other audio or visual means) to the City Council during such speaker's public comments. Resolution No. 2026-024 Page 4 of 8 (i) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-1 04(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. (j} 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. Members of the public may bring signs into the Council Chambers so long they do not obstruct the view of other attendees or constitute a disruption of the meeting, in accordance with the following restriction: (i) No stick, post, pole or other item may be attached to the sign. 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. Audio, Video, and Photographic Recording. (a) As set forth in the Brown Act, any person attending an open session of a City Council Meeting shall have the right to record the proceedings with an audio or video recorder or camera unless the City Council by majority vote determines that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption to the meeting. (b) No person shall obstruct the aisles, entrances, or exits of the Council Chambers. Section 8. Disruption of Telephonic or Internet Service. (a) Disruption Generally. In accordance with the requirements contained in SB 707 and to ensure transparency, public participation and continuation of government during technological disruptions, if a disruption of telephonic or internet service occurs during a meeting subject to the Brown Act that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform, as defined by the Brown Act, the City Council shall follow the procedures outlined herein. (b) Recess. Upon the presiding officer's awareness of a technological disruption that prevents members of the public from attending or observing a meeting remotely, the presiding officer shall announce the disruption to the public. The presiding officer shall then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act. Staff will then Resolution No. 2026-024 Page 5 of 8 begin a good faith attempt to diagnose and restore the disrupted service. The meeting shall remain in recess for at least one (1) hour or until service is restored, whichever is sooner. (c) Good Faith Efforts to Restore Disrupted Service. City shall make good faith efforts to restore disrupted service by any of the following means: (1) troubleshooting platform or teleconferencing software, (2) resetting or replacing audiovisual equipment, (3) attempting alternative connection methods, (4) contacting necessary support staff or service providers, and/or (5) switching to back-up equipment or platforms, if available. The City Clerk or their designee shall document the good faith efforts undertaken in the Minutes. Minutes shall also reflect the nature and time of the disruption, the time the meeting was reconvened (if applicable), and the finding required by SB 707, as delineated in (e) below. (d) Reconvening. If service has been restored during the one (1) hour of good faith effort being made, the meeting may be reconvened. If service has not been restored after one (1) hour of good faith effort, the City Council may: (1) adjourn the meeting, (2) extend the recess to allow staff more time to make a good faith effort to restore remote access service, or (3) continue the meeting in open session by adopting, by roll call vote, the finding contained in (e), below. Adoption of this finding shall be made by rollcall vote. (e) Finding. A meeting may be reconvened during a disruption of service if the following finding can be made: The City has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote access. (f) Exceptions. This Section 8 shall not apply to a meeting held for the following: a. Attend a judicial or administrative proceeding to which the local agency is a party. b. Inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. d. Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.. e. Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. Resolution No, 2026-024 Page 6 of 8 f. Meet in an emergency situation, as defined in the Brown Act. (g) This policy covers disruption in service for the two-way telephonic or two-way audiovisual platforms only. The City may provide additional broadcast streams of the meeting through third party platforms (such as YouTube). These streams are provided as a convenience to the public and are not considered the City's official remote access service for purposes of this Policy. A disruption of a third- party stream alone does not constitute a disruption in telephonic or internet service. Section 9. Interpretation and Translation. (a) The City provides Spanish interpretation at all City Council meetings. Provision of such interpretation services may include in-person services, remote services, digital or technology-based services, and may be either simultaneously or consecutively provided. Requests for other languages shall be made to the City Clerk at least 48 prior to a scheduled meeting. (b) The City shall reasonably assist members of the public who wish to translate a meeting into any language or wish to receive interpretation from another member of the public, as long as the interpretation is not disrupting to the meeting. By way of example, assistance to members of the public pursuant to this subsection and the Brown Act include: arranging space for one or more interpreters at the meeting location, allowing extra time during the meeting for interpretation to occur, and ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. (c) Agendas shall be translated into all applicable languages and posted in accordance with the Brown Act. Section 10. The provisions of Sections 4, 5, 6, and 7 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 11. This Resolution shall supersede Resolution No. 2025-004 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 2nd day of June, 2026, Vale ie A �ezcu a-y6r Resolution No. 2026-024 Page 7 of 8 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza Phan Vazquez 7 NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) _ ABSENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-024 to be the original resolution adopted by the City Council of the City of Santa Ana on June 2, 2026. h1 s• i Date: nifer L all City Cle of San Resolution No. 2026-024 Page 8 of 8