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.
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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
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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.
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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.
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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.
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(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
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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
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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
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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
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