TO: Andy Heglund
FROM: Monica I. De La Hoya
MATTER: Presenting an Emergency Resolution to the City Council in compliance with the Brown Act
CITY ATT.#: 1316
DATE: January 9, 2023
The Brown Act permits the City Council to take action on items of business not appearing on the agenda when the City Council by a majority vote determines that an emergency situation exists as defined in Government Code section 54956.5. (Govt Code § 54954.2(b)(1).)
STEPS TO TAKE ACTION FOR AN EMERGENCY SITUATION ITEM NOT POSTED ON
THE AGENDA
1. Prior to discussing any item pursuant to either exception, the City Council must publicly identify the item : “A Resolution of the C ity Council of the City of San Buenaventura, California Pro claiming the Existence of a Lo cal Emergency and Ratifying the Direc tor Disast er Services / City Mana ger’s Declaration of Local Emergency.”
2. A majority of the City Council must determine there is an emergency situation as defined in the Brow n Act –a “crippling activity” or “other activity that severely impairs public health and/or safety.1
3. Once a majority of the Council has determined and voted that an emergency situation exists, the Council may discuss and act on the item.2
1 § 54956.5. (a) Emergency situation means an “emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. ” 2 Per Rosenberg’s Rules of Order: a) the chair announces the item; b) chair invites the appropriate person (i.e. the City Attorney) to report on the item including any recommendation they might have; c) chair asks the other City Council members if they have any questions (City Council members may question the person who reported on the item); d) chair should invite public comments and at conclusion of public comment announce public input has concluded; e) chair should invite the motion and announce the name o f the member of the Council who makes the motion; f) cha ir should determine whether another Councilmember wishes to second the motion and announce the name of the member who seconds the motion; g) if a motion is made and seconded, the chair can repeat the motion (or ask clerk to repeat the motion; h) chair should invite discussion of the motion by the City Council and then announce that a vote will be taken; i) chair takes the vote; j) chair announces result of vote and what action the City Council took.
January 9, 2023