Loading...
HomeMy WebLinkAbout12 CONSIDERATION OF POLICIES REGARDING PUBLIC PARTICIPATION & TECHNOLOGY DISRUPTION-SB707Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 MEETING DATE TO FROM Agenda Item 12 AGENDA REPORT Reviewed: City Manager Q`�S Finance Director N/A MAY 19, 2026 ALDO E. SCHINDLER, CITY MANAGER DAVID E. KENDIG, CITY ATTORNEY SUBJECT: CONSIDERATION OF POLICIES REGARDING PUBLIC PARTICIPATION, AND TECHNOLOGY DISRUPTION, IN ACCORDANCE WITH SENATE BILL 707 SUMMARY: Senate Bill 707 amended the Ralph M. Brown Act to require the City to adopt certain policies for City Council meetings and to implement certain processes by July 1, 2026. In accordance with Senate Bill 707, this item includes a proposed Public Participation and Outreach Plan, and a Technology Disruption Policy, and summarizes other requirements with which the City is complying. RECOMMENDATION: It is recommended that the City Council: 1. Adopt Resolution 26-22 approving a Technology Disruption Policy in the form attached as Attachment 1; and 2. Adopt Resolution 26-23 implementing S.B. 707 and encouraging residents to participate in public meetings, in the form attached as Attachment 2. FISCAL IMPACT: There's no fiscal impact associated with this report. CORRELATION TO THE STRATEGIC PLAN: This item advances Strategic Plan Goal E, Organizational Excellence and Customer Service by encouraging greater public access and participation in City Council and other public meetings. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 City Council Agenda Report Adoption of Policies Required by S.B. 707 May 19, 2026 Page 2 BACKGROUND AND DISCUSSION: I. SB 707 Amends the Brown Act's Provisions for Public Access California's SB 707, signed by the Governor in October 2025, significantly amended the Ralph M. Brown Act, establishing new requirements for remote public access, meeting transparency, agenda translation and other requirements. Among a list of other requirements, key aspects of which are summarized below, SB 707 mandates that cities and counties provide 2-way telephonic or audio/visual public participation for all meetings of an "eligible legislative body". The City Council is an "eligible legislative body" as defined in SB 707. Although the Planning Commission and the various standing committees of the City are each a "legislative body" that is subject to the Brown Act, the new requirements that apply specifically to an "eligible legislative body" do not apply to the City's various committees. Among other requirements summarized further below, S.B. 707 requires the City Council to take two actions by July 1, 2024: (1) to adopt a technology disruption policy to address disruptions in the City's audio-visual platform during Council meetings; and (2) to adopt a public participation and outreach plan to encourage participation in public meetings by underrepresented communities. A. Technology Disruption Policy. As summarized below, the City of Tustin already has in place a two-way audio visual platform that meets the requirements in S.B. 707 to enable the public to monitor and participate in Council meetings remotely. S.B. 707 also requires the City Council to adopt, by July 1, 2026, a formal technology disruption policy for handling internet or phone service disruptions that interfere with the public's access to the audio-visual platform during meetings. The policy is required to be approved in open session and may not be approved on the consent calendar. The proposed Technology Disruption Policy, attached to Resolution 26-22 (Attachment 1), would satisfy the requirements established by S.B. 707, including: • Description of the Steps to be Taken: The proposed policy describes the steps to be taken if the audio, video, or call -in platform fails; (2) the responsible personnel or unit authorized to initiate corrective measures; and (3) the procedure for notifying the public and resuming the meeting once service is restored. • Mandatory Recess for Disrupted Service: If a disruption prevents the public from observing or commenting remotely, the City Council will be required to recess the meeting while making a good -faith effort to restore the public's ability to participate in remotely. The recess and good faith effort will be required to continue for one (1) hour or until the internet or phone service is restored, whichever is shorter. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 City Council Agenda Report Adoption of Policies Required by S.B. 707 May 19, 2026 Page 3 • Required Findings if Service is Not Restored: If service cannot be restored during the hourlong recess, the City Council may only continue the meeting if a majority of the Council members present vote (by roll call) that its good -faith efforts failed and that the need to continue the meeting outweighs the public's interest in remote access. Alternatively, the City Council may continue the affected items to a specified time and place (announced on the record and posting a brief notice), or adjourn and re -notice the remaining agenda. Public Participation and Outreach Plan S.B. 707 also requires the City Council to make "reasonable efforts" to encourage residents, including underrepresented communities and non -English-speaking communities, to participate in public meetings, which efforts may include contacts with media organizations providing news coverage within the county, including ethnic and language -specific outlets serving non -English-speaking communities, and contacts with good -government, civil-rights, civic -engagement, neighborhood, and community -based organizations, particularly those active in or serving multilingual or historically marginalized communities. SIB 707 provides that legislative bodies have "broad discretion" in determining what constitutes "reasonable efforts." The proposed Public Participation and Outreach Plan attached to Resolution 26-23 (attached here as Attachment 2) provides a proposed plan and framework for implementing such reasonable efforts to encourage public participation. The proposed plan would: • Establish a framework for identifying and listing key outreach audiences, with provisions for future updates; • Identify Council approval steps for outreach methods and implementation of the outreach to the audiences; • Provide guidance for staff implementation of the outreach efforts; • Provide for future reports to the Council about outreach efforts, as well as for updates of the outreach plan and the outreach efforts. OTHER REQUIREMENTS OF S.B. 707 The City of Tustin already has in place systems that meet or exceed several of the requirements in S.B. 707, including but not limited to: • Two -Way Audio -Visual Platform: The City has implemented a two-way audio-visual platform access to meetings; • Real -Time Participation: The public is allowed to give testimony in real time via the selected platform(s); and • Time for Comments: Remote speakers are allotted the same amount of time to speak as those attending in person. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 City Council Agenda Report Adoption of Policies Required by S.B. 707 May 19, 2026 Page 4 In addition, City staff has already made arrangements to address other new requirements in S.B. 707, including agenda translation requirements, and plans to "reasonably assist" members of the public who wish to bring their own interpreters or use translation equipment to public meetings. Finally, SIB 707 requires the City to do the following, each of which City staff has already implemented or will have implemented prior to July 1: Maintain a system for electronically accepting and fulfilling requests for meeting agendas and documents pursuant to California Government Code section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using the City's system must be accessible through a prominent direct link posted on the City's primary internet website home page; and Maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information: (1) A general explanation of the public meeting process for the City Council; (11) An explanation of the procedures for a member of the public to provide in -person or remote oral public comment during a public meeting or to submit written public comment; (III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting; and (IV) The agenda posted online pursuant to California Government Code section 54954.2(a)(2); and Include a link to the webpage required by the paragraph immediately above on the home page of the City's internet website. Direction to continue implementing these steps is also included in proposed Resolution 26- 23, attached as Attachment 2. `v­0�?r David E. Kendig City Attorney Attachments: 1. Resolution 26-22 adopting a Technology Disruption Policy 2. Resolution 26-23 implementing S.B. 707 and encouraging residents to participate in public meetings Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 ATTACHMENT 1 RESOLUTION NO. 26-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A TECHNOLOGY DISRUPTION POLICY AS REQUIRED BY S.B. 707 WHEREAS, Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies, including the City Council of the City of Tustin, to provide members of the public with the opportunity to attend City Council meetings remotely via either two- way telephonic service or a two-way audiovisual platform and, by July 1, 2026, to adopt a policy addressing how the City will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing the open session portion of a City Council meeting remotely; and, WHEREAS, this policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Tustin, California, finds that the above recitals are true and correct. SECTION 2. The City Council adopts the Technology Disruption Policy, attached hereto as Exhibit A, which shall supersede and replace any and all inconsistent policies or programs adopted by prior resolution of the City Council. SECTION 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19th day of May 2026. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 APPROVED AS TO FORM: `y-K- DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 26-22 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19t" day of May, 2026, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 EXHIBIT A: Technology Disruption Policy Disruption of Internet Service During Public Meetings 1. Background Senate Bill 707 (2025, Durazo) amended the Brown Act by, among other things, adding Government Code section 54953.4 which requires eligible legislative bodies, including the City Council of the City of Tustin, to provide members of the public with the opportunity to attend City Council meetings remotely via either two-way telephonic service or a two- way audiovisual platform and to adopt, by July 1, 2026, a policy addressing how the City will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing the open session portion of a City Council meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions. 2. Purpose This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Tustin, as required by the Brown Act (Cal. Gov't Code § 54953.4). The policy ensures transparency, public participation, and continuity of access to City Council meetings during technology disruptions. 3. Definitions For purposes of this policy: • "Disruption" means any failure, outage, or other interruption that prevents members of the public from attending, observing, or providing public comments at a City Council meeting via these remote access services. • "Remote access services" means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. 4. Applicability This policy applies to all open and public meetings of the City Council at which remote public participation is offered or required under the Brown Act. 5. Procedures in the Event of a Service Disruption 5.1. Response to Service Disruption If the Mayor or City Clerk becomes aware of a disruption to the City's remote access services that prevents members of the public from attending, observing, or making public comments at the meeting remotely: Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 a) The Mayor or City Clerk shall immediately announce the disruption publicly at the meeting. b) The Mayor may then either (a) call for a recess of the open session, or (b) convene the City Council in closed session if there are agendized closed session items, or as otherwise permitted by the Brown Act. c) The City Clerk shall contact and work with Information Technology personnel and other personnel operating or maintaining the remote access services and begin efforts to diagnose and restore the disrupted service. d) The open session portion of the meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be, but is not required to be, extended at the Mayor's discretion beyond one hour if restoration efforts are ongoing. 5.2. Efforts to Restore Service The City shall make good faith efforts to restore remote access services, which may include: a) Troubleshooting platform or teleconferencing software b) Resetting or replacing audiovisual equipment c) Attempting alternative connection methods d) Contacting necessary support staff or service providers e) Switching to back-up equipment or platforms, if available 6. Reconvening the Open Session 6.1. Timing The open session may be reconvened after at least one hour has elapsed from the time of disruption, or as soon as service is restored, whichever occurs earlier. 6.2. If Service Is Restored If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal. 6.3. If Service Is Not Restored If remote access service has not been restored after one hour, the City Council may reconvene to take one of the following actions: a) Adjourn the meeting; or b) Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding: Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 "The City has made good faith but so far unsuccessful efforts to restore the disrupted telephonic or internet service in accordance with its adopted policy. The public interest in continuing the meeting outweighs the public interest in remote public access." c) Upon adoption of the finding, the City Council may continue the open session despite the fact that remote access services have not been restored. d) If there is not majority support for adoption of the finding above, the Council shall either (1) adjourn the meeting, (2) recess to allow more time for service to be restored, or (3) recess to closed session if there are agendized closed session items, or as otherwise permitted by the Brown Act. 7. Recordkeeping The Clerk shall enter a brief statement into the meeting minutes that shall include the following: • The nature and time of the disruption; • A summary of the restoration efforts undertaken; • Whether the remote access service was restored; • The time the meeting was reconvened (if applicable); and • Any finding or other action taken pursuant to Section 6.3. 8. Exceptions The City Council's obligation to provide remote access services to the public does not apply to a City Council meeting that is held for any of the following purposes: • Attend a judicial or administrative proceeding to which the City is a party. • Inspect real or personal property, provided that the topic of the meeting is limited to items directly related to the real or personal property. • 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 City and over which the federal or state officials have jurisdiction. • Meet in or nearby a facility owned by the City, provided that the topic of the meeting is limited to items directly related to the facility. • Meet in an emergency situation as defined in Government Code section 54956.5. 9. Review and Updates This policy may be amended by the City Council of the City of Tustin at a noticed public meeting in open session, not on the consent calendar. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 10. Alternate Authority. In the event of an absence of the Mayor, the Mayor Pro Tern shall have the authority and duties of the Mayor established under this Policy. In the event of the absence of the City Clerk, the City employee who is performing the functions of the City Clerk during the meeting shall have the City Clerk's duties set forth herein. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 ATTACHMENT 2 RESOLUTION NO. 26-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IMPLEMENTING S.B. 707 AND ENCOURAGING RESIDENTS TO PARTICIPATE IN PUBLIC MEETINGS WHEREAS, Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies, including the City Council of the City of Tustin, to take certain actions to encourage residents, including those in underrepresented communities and non- English -speaking communities, to participate in public meetings; and WHEREAS, this Resolution and the attached Public Participation and Outreach Plan are adopted to comply with that requirement and to encourage participating in City Council meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Tustin, California, finds that the above recitals are true and correct. SECTION 2. The City Clerk shall continue to maintain a system for electronically accepting and fulfilling requests for meeting agendas and documents pursuant to California Government Code section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using the City's system shall be accessible through a prominent direct link posted on the City's primary internet website home page. SECTION 3. The City shall maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information: (1) A general explanation of the public meeting process for the City Council; (11) An explanation of the procedures for a member of the public to provide in - person or remote oral public comment during a public meeting or to submit written public comment; (III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting; and (IV) The agenda posted online pursuant to California Government Code section 54954.2(a)(2). Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 SECTION 4. The City shall include a link to the webpage required by Section 3 above on the home page of the City's internet website. SECTION 5. The City Council adopts the Public Participation and Outreach Plan, attached hereto as Exhibit A, which shall supersede and replace any and all inconsistent policies or programs adopted by prior resolution of the City Council. SECTION 6. The City Clerk shall certify as to the adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19th day of May 2026. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: `v-K- DAVID E. KENDIG, City Attorney Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 26-23 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19t" day of May, 2026, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 EXHIBIT A Public Participation and Outreach Plan City of Tustin May 2026 Introduction_ Effective July 1, 2026, the Ralph M. Brown Act section requires "eligible legislative bodies" to take certain actions to encourage residents, including those in underrepresented communities and non -English-speaking communities, to participate in public meetings. (Cal. Gov't Code §54953.4(b)(3)(C).). The City Council of the City of Tustin is an "eligible legislative body" for these purposes. This Public Participation and Outreach Plan (the "Plan") sets forth the reasonable efforts the Tustin City Council is undertaking to encourage residents and groups, including those in underrepresented communities and non -English-speaking communities (collectively the "Outreach Audiences") to attend and participate in City Council meetings. This Plan encourages inclusive public engagement while preserving the City Council's discretion to determine and adjust appropriate outreach methods based on the City's priorities and available resources. 2. Taraeted Outreach Efforts Within three (3) months of the approval of this Plan, City staff will present the City Council with a list of organizations, community groups, homeowners' associations, media outlets and other entities (collectively the "Outreach Organizations") that may be helpful in inviting Outreach Audiences to Council meetings, and generally expanding awareness of the City Council and its meetings. In accordance with Government Code section 54953.4(b)(3)(C)(i), the list of Outreach Organizations may include, without limitation: a. Media organizations that provide news coverage in the City, including media organizations that serve non -English-speaking communities; and b. Community -based organizations such as good government groups, civil rights organizations, civic engagement organizations, homeowners' associations, neighborhood associations, and other community or cultural groups active in the City, including organizations active in non-English speaking communities. The list may be reviewed annually by the City Council and updated as determined appropriate by the City Council or by the City Manager. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 3. Implementing Outreach. Using the list of Outreach Organizations, the City Council may direct staff to implement such outreach methods as the City Council, in its discretion, determines should be deployed, depending on then -available City resources and needs. This Plan does not require the use of any particular outreach method, and the City Council shall have broad discretion in determining the methods of outreach to be implemented. Outreach methods may include, without limitation, social media, posting meeting agendas and information on the City website and/or in public locations or at public events, electronic distribution of agendas and meeting information or other notification systems to Outreach Organizations, and providing meeting and agenda information to Outreach Organizations. The City Council may also direct City staff to partner with Outreach Organizations and/or other stakeholders that are in a position to distribute meeting and related information to Outreach Audiences. Where feasible, outreach may include the use of culturally relevant messaging, and/or engagement through media outlets serving underrepresented, culturally diverse, and/or non-English speaking communities. 4. Implementation by City Staff. The City Manager will assign responsibility for implementing outreach efforts to appropriate City staff. Depending on the implementation measures directed by the City Council, the assigned Staff responsibilities may include preparing and circulating agendas, announcements, summaries, and other outreach information, maintaining contact information for Outreach Organizations and Outreach Audiences, coordinating with Outreach Organizations, and recommending outreach strategies for consideration by the City Council. The City Manager and City Staff may also assist in identifying opportunities to improve outreach based on experience, feedback, or changes in the community and its needs. The City Manager and City Staff shall have discretion in implementing the outreach methods determined by the City Council. 5. Progress Reports and Plan Updates. The City Council may request City Staff to prepare occasional or regular reports of outreach efforts. Reports may include summary descriptions of implemented outreach activities, categories of Outreach Organizations involved, and summaries of meeting and other participation and trends. Reports are not intended to require detailed tracking of every outreach activity. On such occasions and frequency as the City Council may determine, the City Council may review this Plan, the list of Outreach Organizations, and/or the outreach efforts and consider such updates and revisions as the City Council, in its discretion, Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 determines to be appropriate. Amendments to this Public Participation and Outreach Plan shall be approved in an open session meeting of the City Council. 6. Council Discretion. This Plan, the identification of Outreach Audiences and Outreach Organizations, the reasonable outreach efforts selected, and their implementation are all discretionary with the City Council and do not create mandatory obligations on the City's part. Except as otherwise required by law, the failure to provide outreach or notice to any specific Outreach Organization or Outreach Audience shall not give rise to any claim or City liability.