REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
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Brown Act Modernization, Adopt Resolution No. 2026-17 Implementing a Technology Disruption Policy During Public Comments, and Approve for Introduction Ordinance No. 4349 Regarding Public Participation and Disruptive Behavior
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Statement of Issue:
On October 3, 2025, Senate Bill 707 (SB 707) was signed into law, amending the Brown Act with the intent to diversify and increase public engagement during local government meetings of legislative bodies, such as the City Council. Among the new requirements under SB 707, all eligible legislative bodies beginning July 1, 2026, offer hybrid meetings through a two-way telephonic or two-way audiovisual platform.
In addition, SB 707 requires the City to formally adopt a policy, in open session not on consent calendar on or before July 1, 2026, that outlines how to restore any hybrid meeting broadcast disruptions that prevent the public from virtually attending and participating in a meeting.
SB 707 requires the City to adopt and implement a technology disruption policy and implement clear procedures governing remote participation, public comment, meeting decorum, and enforcement of rules necessary to preserve the orderly conduct of meetings while protecting the public’s statutory and constitutional rights.
Financial Impact:
Not applicable
Recommended Action:
recommendation
A) Adopt Resolution No. 2026-17 “A Resolution of the City Council of the City of Huntington Beach Adopting a Policy Regarding Technology Disruption During Public Comments”; and,
B) Approve for introduction Ordinance No. 4349 “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.102 Thereto Entitled ‘Public Participation and Disruptive Behavior.’”
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Alternative Action(s):
1. Do not adopt Resolution No. 2026-17 and do not approve for introduction Ordinance No. 4349. Staff does not recommend this action, as the City would not comply with legislative guidelines in accordance with Government Code Section 54950 including requirements of SB707.
2. Direct staff otherwise.
Analysis:
Under SB 707, "eligible legislative bodies" will be subject to new requirements relating to the conduct of public meetings on July 1, 2026. SB 707 defines "eligible legislative bodies" as a City Council in a city with a population of 30,000 or more or in a county with a population of more than 600,000. The City Council of the City of Huntington Beach qualifies as an "eligible legislative body" under this definition and is therefore subject to the following requirements by July 1, 2026. The requirement as well as the City's compliance response is set forth below.
• Must offer remote public participation: Under this requirement, the public must be able to participate through either a two-way telephonic or two-way audiovisual platform.
Beginning in June 2026, two-way public participation will be available for City Council meetings. Instructions to join the webinar will be provided on both City Council meeting agendas and on the City Clerk’s Meeting Decorum & Agenda Comments webpage,
https://www.huntingtonbeachca.gov/government/city_clerk/meeting_decorum_agenda_comments.php
• Must adopt a technology disruption policy: The City Council must adopt a technology disruption policy on or before July 1, 2026. This policy will govern the City's actions when the above-mentioned two-way audiovisual service is disrupted, and if efforts to restore service fail, and the disruption prevents the public from virtually attending a meeting.
The Technology Disruption Policy, via Resolution No. 2026-17 (Attachment 1), outlines the procedures for managing technical disruptions and resuming meetings.
1. Recess the meeting.
2. Attempt to restore service for at least one hour.
3. Resume meeting if service is restored in under one hour.
4. If one hour passes and service is not restored, adopt a finding by roll call vote confirming that good faith efforts were made to restore service and the resumption of the meeting serves the public interest more than delaying the meeting further.
• Must implement an agenda request system: A system must be in place for electronically accepting and fulfilling requests for agendas and meeting documents.
The City’s Legistar Agenda and minutes portal functions as the required electronic agenda request system under SB707. The public may view, download and subscribe to receive agenda and meeting materials electronically.
• Must have a “Meetings” web page with a direct link on the homepage: The City must have an accessible internet web page that is dedicated to information concerning public meetings and must include a link to the page on the City' s homepage.
The City provides a prominent link to City Council agendas via the City’s homepage, https://huntingtonbeachca.gov and the direct link to the Agendas and Minutes webpage is https://huntingtonbeach.legistar.com/Calendar.
• Must make reasonable efforts of outreach for meeting participation: Eligible legislative bodies must make reasonable efforts to encourage meeting participation from groups that do not traditionally participate, such as outreach to media organizations serving non- English communities or civic engagement organizations. This law gives the eligible legislative body broad discretion to implement these efforts.
• Must translate meeting agendas if the language meets the City's required threshold: The City must translate agendas and instructions on how to participate into any language, other than English, spoken jointly by 20% or more of the total population of the City and 20% of that language who also speak English less than " very well."
Each year, the City Clerk will complete the Applicable Languages determination. According to the United States Census Bureau’s 2024 American Community Survey data, 11% of the population of Huntington Beach speaks Spanish and 25.5% of that subset speaks English less than very well. Based on this data, Spanish does not meet the SB 707 threshold, and therefore no languages qualify as “applicable languages” for agenda translation at this time.
• Must make a publicly accessible space for the public to post translated agendas: The City must provide a physical location, within reasonable proximity to where the City' s agendas are posted, accessible to the public for the public to post additional translated agendas.
To implement this provision of SB 707, a display board has been installed at the Civic Center adjacent to the City Council, Board, Commission, and Committee agenda postings.
• Interpretation Assistance Requirements: The City must make reasonable arrangements to any member of the public who wishes to use a personal interpreter by giving them the space to accommodate the interpreter and extra time.
The City provides meeting assistance and is noted on the City Council meeting agenda:
“MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and /or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 or (714) 374-5390 for more information.”
The following are other important changes that went into effect on January 1, 2026:
• Non-traditional teleconferencing expanded: Non-traditional teleconferencing provisions now (a) include proclaimed state of emergency or local emergency and (b) expand the " just cause" provision by folding in the basis of "emergency circumstances," and adding immunocompromised family member and military service obligations as grounds for the need to participate remotely. The "just cause" teleconferencing option requires a quorum of members to be in a physical location open to the public within the legislative body’s jurisdiction.
• Remote participation as ADA reasonable accommodation for disabled member: A member of the legislative body with a disability may participate remotely as a reasonable accommodation. This member must (a) use audio and video unless the disability requires audio only, and (b) disclose the nature of the relationship and presence of any person of age 18 and up present in the room at the remote location. This member will still count toward a physical quorum, and neither traditional nor nontraditional teleconferencing requirements (e.g., posting at the teleconferencing location) apply.
• Social media restrictions sunset date removed and will now not expire: The original January 1, 2026, sunset date for AB 992's social media restrictions has been removed, and the law will now not expire. This law prohibits a majority of the members of a legislative body from using social media platforms to discuss official business among themselves, including making posts, commenting, and even using digital icons known as " emojis." This law also prohibits a member of the legislative body from responding directly to any communication on an internet- based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is posted or shared by another member.
The City Council encourages public participation and provides multiple methods for the public to address the Council in accordance with the Brown Act (Gov. Code §54950 et seq.), while ensuring an orderly and efficient meeting. All participating in a City Council meeting, or meeting of any other legislative body, whether in-person or remotely, shall do so with decorum and in a civil manner that promotes the free exchange of ideas and encourages public participation.
Ordinance No. 4349 (Attachment 2) introduces regulations establishing the standards of conduct for in-person and remote participation and methods to maintain and restore orderly conduct, as necessary.
If adopted, these rules would be incorporated into the Amended 2024 City Council Manual and be reflected in Section IV (C)(3) Standards of Conduct, Public, and Section VII (B)(8) Meeting Procedures, Public Comments.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2026-17
2. Ordinance No. 4349
3. PowerPoint Presentation