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HomeMy WebLinkAbout2026-025 - Teleconferencing Policy RESOLUTION NO. 2026-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA TELECONFERENCING POLICY WHEREAS, on July 18, 2023, the City Council of the City of Santa Ana by motion adopted a City of Santa Ana Administrative Policy and Procedure regarding Teleconferencing ("Teleconferencing Policy"), WHEREAS, the City's Teleconferencing Policy, pursuant to Section 4 thereof, expired on January 1, 2026; WHEREAS, changes to State law, including the adoption of Senate Bill 707 ("SB 707"), also requires that the City revise the City°s Teleconferencing Policy, as previously written and adopted; WHEREAS, the City Council of the City of Santa now wishes to again adopt a Teleconferencing Policy, consistent with new State laws, to outline the circumstances where members may be allowed to attend and participate remotely in meetings of the legislative body and to establish general procedures to ensure compliance with the Brown Act (Government Code Section 54950, et. seq.). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby adopts the City of Santa Ana Teleconferencing Policy which is set forth as Exhibit "A" and attached hereto and incorporated herein as "Exhibit A." Section 2. This Resolution shall take effect immediately upon its adoption. Section 3. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED this 2nd day of June, 2026. jrire ezcu Resolution No. 2026-025 Page 1 of 10 APPROVED AS TO FORM: Sonia R. Carvalho, Ci y 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. 2026-025 to be the original resolution adopted by the City Council of the City of Santa Ana on June 2, 2026. ; Date: 1. nifer L. II City Cler i y of Santa a Resolution No. 2026-025 Page 2 of 10 City of Santa Ana CityCouncil Approval ' Administrative Section: City Clerk's Office Policies and Procedures TELECONFERENCING POLICY Date Approved: Number: 6/2/2026 PURPOSE The purpose of this Teleconferencing Policy ("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") may 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 pursuant to Government Code Section 54953, the legislative body of the local agency must comply with the requirements set forth in paragraph (2) of subdivision (b) of Section 54953 ("Traditional Teleconference Requirements"). WHEREAS, Section 54953 provides that a legislative body of a local agency electing to use teleconferencing pursuant that Section 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 ("Traditional Teleconferencing Notice Requirements"). WHEREAS, nothing in Section 54952, et. seq. shall be construed to prohibit a member of the legislative body with a disability from participating remotely as a reasonable accommodation pursuant to any applicable law, provided the requirements of Resolution No. 2026-025 Page 3 of 10 subdivision (c)(2) of 54953 are met. Remote participation under subdivision (c) of 54953 shall also be treated as in-person attendance at the physical location for all purposes, including any requirement that a quorum of the legislative body participate from any particular location. WHEREAS, pursuant to Section 54953.8(a), the legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 if the legislative body complies with the requirements contained in subdivision (b) of 54953.8, and does so pursuant to applicable provisions of Section 54953.8.1 to 54953.8.7. which include the use of teleconferencing for just cause and a proclaimed state of emergency or local emergency, as defined. 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. "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;I (B) a contagious illness that prevents a member from attending in person; (C) a need related to a physical or mental disability that is not subject to subdivision (c) of Section 54953; (D) travel while on official business of the legislative body or another state or local agency, (E) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the member to participate remotely, (F) a physical or family medical emergency that prevents a member from attending in person, (G) military service obligations, as delineated in 54954.8.3(c)(7). b. "Local emergency" means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency refers only to local emergencies in the boundaries of the City of Santa Ana. C. "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. d. "Remote location" means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b) of Section 54953.8 other than any physical meeting location designated in "Child,""parent,""grandparent,""grandchild,"and"sibling"have the same meaning as those terms do in Section 12945.2. Resolution No. 2026-025 Page 4 of 10 the notice of the meeting. Remote locations need not be accessible to the public. e. "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. f. "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). g. "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. 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 a "Teleconference." h. "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. A two-way audiovisual platform may be structured to disable the use of video for public participants. i. "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. j. "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. 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 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. Resolution No. 2026-025 Page 5 of 10 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. e. Authority to Limit Participation that Disrupts Meeting. The existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including existing limitations upon that authority, is applicable to members of the public participating via a two-way telephonic service or a two-way audiovisual platform. 3. COUNCILMEMBER PARTICIPATION USING TELECONFERENCING. a. Traditional Teleconference Meeting Requirements. During all meetings where members of the Council participate remotely by traditional teleconferencing, 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; (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; (E) members participating in the meeting remotely shall publicly disclose at the meeting before any action is taken whether any other individuals 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 (F) the member shall participate through both audio and video technology during the meeting. b. Teleconference Meetings Durin Proclaimed State of Emer enc or Local Emergency, When Authorized. The City may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, as defined, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances: (i) 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. Resolution No. 2026-025 Page 6 of 10 (ii) After a determination described (i) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. C. Teleconference Meetings During Proclaimed State of Emergency or Local Emergency; Requirements. If a proclaimed state of emergency or local emergency has been established, Council may use teleconferencing without complying with the Traditional Teleconference Notice Requirements set forth paragraph (3) of subdivision (b) of Section 54953, provided Council does all of the following: i. Provide either a two-way audiovisual platform or a two-way telephonic service, as a means by which the public agency may remotely hear and visually observe the meeting, and remotely address the legislative body. ii. 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. iii. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. iv. 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. V. 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. vi. 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. vii. 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. viii. If Council does not provide a timed public comment period, but takes public comment separately on each agenda item, Council shall allow Resolution No. 2026-025 Page 7of10 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. ix. 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. X. If a state of emergency or local emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), Council shall, not later than 45 days after teleconferencing for the first time of the proclaimed state of emergency or local emergency, and every 45 days thereafter, make the following findings by majority vote: (i) The legislative body has reconsidered the circumstances of the state of emergency or local emergency and any of the following circumstances exist: (ii) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. This shall not be construed to require the legislative body conducting a teleconference meeting to provide a physical location from which the public may attend or comment. d. Councilmember Participation for Just Cause. Members of the Council may participate in a meeting remotely for just cause 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, with the member including a general description of the circumstances relating to their need to appear remotely at the given meeting, provided the following requirements are met: i. During the meeting where a member(s) participates remotely due to just cause, at least a quorum of the members of Council participate in person from a singular 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. ii. During the meeting where a member(s) participates remotely due to just cause, the member participating remotely shall publicly disclose at the meeting before any action is taken, whether any other individuals 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. iii. During the meeting where a member(s) participates remotely due to just cause, the legislative body shall have available at least one of the following as a means by which the public may remotely hear and Resolution No. 2026-025 Page 8of10 visually observe the meeting, and remotely address the legislative body: (i) a two-way audiovisual platform; or (ii) a two-way telephonic service and a live webcasting of the meeting. iv. During the meeting where a member(s) participates remotely due to just cause, 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. V. During the meeting where a member(s) participates remotely due to just cause, 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. vi. During the meeting where a member(s) participates remotely due to just cause, 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. vii. During the meeting where a member(s) participates remotely due to just cause, 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. viii. During the meeting where a member(s) participates remotely due to just cause, 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. ix. The minutes of the meeting where a member(s) participates remotely due to just cause shall identify the specific basis (contained in the definition of just cause) that each member relied upon to participate remotely. This shall not be construed to require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Resolution No, 2026-025 Page 9 of 10 Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). X. Any member of a legislative body may participate in meetings of the legislative body solely by teleconference from a remote location for no more than five (5) meetings per year. 4. This Policy shall remain in effect only until January 1, 2030, and as of that date is repealed. APPROVED AS O FORM. Sonia R. Carvalho, City Attorney Resolution No. 2026-025 Page 10of10