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HomeMy WebLinkAboutItem 12a - Telephonic and Internet Disruption Policy STAFF REPORT OFFICE OF THE CITY MANAGER DATE: June 2, 2026 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Justine Bruno, Deputy City Manager SUBJECT: RESOLUTION NO. 7694 ADOPTING THE TELEPHONIC AND INTERNET SERVICE DISRUPTION POLICY FOR CITY COUNCIL MEETINGS CEQA: Not a Project Recommendation: Adopt SUMMARY Enacted in October 2025, Senate Bill (“SB”) 707 amended the Ralph M. Brown Act as it relates to transparency, public participation, and access by non-English speaking populations. A key provision under SB 707 is the requirement for eligible legislative bodies to provide two-way remote public access to their meetings. Currently, members of the Arcadia City Council may participate in meetings remotely under a series of enabling provisions. Now, under SB 707, remote meeting access must include two-way telephonic or internet access for members of the public. By July 1, 2026, the City Council must adopt a policy on how it will respond to disruptions in telephonic or internet service that would prevent members of the public from participating in the meeting remotely. It is recommended that the City Council adopt Resolution No. 7694 to enact a Telephonic and Internet Service Disruption Policy for its meetings, effective July 1, 2026. BACKGROUND Senate Bill (“SB”) 707 was signed by Governor Newsom on October 3, 2025, and established significant updates and modernizations to the Ralph M. Brown Act (“Brown Act”). Most of the updates under SB 707 impact “eligible legislative bodies”, which includes the Arcadia City Council. New requirements for eligible legislative City Council Meeting Disruption Policy June 2, 2026 Page 2 of 4 bodies include increased noticing for upcoming meetings, more options for public participation, and greater access for non-English speaking populations. Under SB 707, the City Council is now required to provide two-way telephonic or two- audiovisual access to its meetings. In accordance with this new requirement, and if the instance should arise, the City Council must also adopt a policy that addresses how disruptions to the technology that facilitates telephonic or audiovisual access will be handled. Two-way remote public participation will be provided in a similar manner to how it was offered during the COVID-19 pandemic, where public comment was taken from participants remotely. In alignment with the City Council’s Rules of Procedure and Decorum, the allocated time for public comment will be inclusive of members participating both remotely and in-person. The Telephonic and Internet Disruption Policy is attached as Exhibit “A” to Resolution No. 7694. DISCUSSION The proposed Telephonic and Internet Service Disruption Policy will meet the requirements under Government Code Section 54953.4 and provides for the continuation of meetings during technical disruptions. The proposed policy defines a disruption in two ways: (1) a failure of the telephonic or internet service used for the meeting, or (2) conduct by meeting participants that impedes or renders the meeting infeasible. If a service disruption of telephonic or internet service occurs, the Presiding Officer (e.g., Mayor) shall immediately announce the disruption and call for a recess of the open session for at least one hour, or until the service is restored, whichever is earlier. If telephonic or internet service is not restored within one hour, an update on the efforts to restore service should be provided during the meeting, after which, the City Council may choose how to proceed. If a service disruption cannot be resolved after one hour, the City Council may choose to: • Extend the recess to continue attempts to restore access; City Council Meeting Disruption Policy June 2, 2026 Page 3 of 4 • Continue the open session through a roll call vote and by making the finding that the interest in continuing the meeting outweighs the interest in remote public access; or • Adjourn the meeting. As defined in the policy, disruptions also include actions by remote attendees that disturb or impede the orderly conduct of the meeting. These disruptions may constitute a use of force, true threat of force, or prevent other members of the public from attending or observing the meeting remotely or in person. If these disruptions occur, a warning will be issued to the remote participant causing disruption, and, if the disruption does not cease, the remote participant will be muted and/or removed from the meeting. Also under SB 707, certain meetings of the City Council do not require remote two- way public access, and preclude meetings where the City Council is: • Part of a judicial or administrative proceeding; • Inspecting real or personal property; • Meeting with U.S. or California officials to discuss legislative or regulatory issues affecting Arcadia; • Solely discussing a facility owned by the City and meeting within said facility; or • Meeting under an emergency pursuant to Government Code Section 54956.5. It is recommended that the City Council adopt Resolution No. 7694 to adopt the Telephonic and Internet Service Disruption Policy for City Council Meetings. ENVIRONMENTAL ANALYSIS Adopting the proposed policy does not constitute a project under the CEQA, as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT Additional expenses resulting from SB 707 compliance include upgrading the remote meeting platform, purchasing mobile equipment to facilitate City Council meetings held outside of the Chambers, and adding hardware to publicize translated meeting City Council Meeting Disruption Policy June 2, 2026 Page 4 of 4 agendas. Final invoices have not yet been received, but complying with SB 707 is expected to result in $3,000 - $5,000 in added costs. These expenses will be absorbed within existing budgets and generally paid for out of public access programming funds. RECOMMENDATION It is recommended that the City Council determine that this action is not a project under the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7694 adopting the Telephonic and Internet Service Disruption Policy for City Council Meetings. Attachment: Resolution No. 7694 1 RESOLUTION NO. 7694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING THE TELEPHONIC AND INTERNET SERVICE DISRUPTION POLICY FOR CITY COUNCIL MEETINGS WHEREAS, the Ralph M. Brown Act requires that meetings of local legislative bodies be open and accessible to the public; and WHEREAS, Senate Bill 707 (2025) amended the Ralph M. Brown Act to require eligible legislative bodies to provide two-way remote public access to their meetings through telephonic or audiovisual means; and WHEREAS, in providing for remote public access, legislative bodies must also adopt, on or before July 1, 2026, a policy addressing how interruptions in telephonic or internet service will be addressed; and WHEREAS, service disruptions include failures of telephonic or internet service that prevent members of the public from participating remotely, as well as remote participation that disrupts or impedes the orderly conduct of the meeting; and WHEREAS, the City Council desires to ensure transparency, public participation, and continuity of operations during disruptions affecting remote public access to meetings; and WHEREAS, the City Council finds that adoption of the attached policy meets the new requirements for remote public access under Government Code section 54953.4. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the Telephonic or Internet Service Disruption Policy attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2. The City Manager, City Clerk, and all appropriate City staff are authorized and directed to implement the provisions of the Policy and take all actions necessary to carry out its purpose. SECTION 3. The Resolution shall be in effect for all meetings of the Arcadia City Council, except for the specified exclusions in Exhibit “A”, beginning July 1, 2026. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 3 Passed, approved and adopted this 2nd day of June, 2026 ______________________________ Mayor of the City of Arcadia ATTEST: __________________________ City Clerk APPROVED AS TO FORM: ___________________________ Michael J. Maurer City Attorney 4 Exhibit “A” City Council Telephonic or Internet Service Disruption Policy Resolution No: 7691 Adopted: _______ 5 ARCADIA CITY COUNCIL Policies and Procedures Policy: Telephonic or Internet Service Disruptions for City Council Meetings 1. Background Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely. 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 Arcadia, as required by the Brown Act (Government Code Section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions. 3. Definitions “Disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following: a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Arcadia. b. Engaging in behavior that constitutes use of force or a true threat of force. “Presiding Officer” means the Mayor or person who has been designated as responsible for overseeing the order, conduct, and meeting proceedings. Resolution No: 7691 Adopted: _______ 6 “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. “Service Disruption” means any failure, outage, or other interruption to the agency’s remote access services that prevents members of the public from participating in a City Council meeting remotely. “True threat of force” means a threat that has sufficient intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. “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 service. “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. 4. Applicability This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Ralph M. Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings: a. Meetings held to attend a judicial or administrative proceeding to which the City of Arcadia is a party. b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to 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 of Arcadia, and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City of Arcadia, provided that the topic of the meeting is limited to items directly related to the facility. Resolution No: 7691 Adopted: _______ 7 e. Meetings held in an emergency situation pursuant to Government Code Section 54956.5. 5. Remote Public Access Generally When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two-way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location. If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting. If a two-way audiovisual platform is used, the City Council shall: a. Publicly post and provide a call-in option as well; and b. Activate any automatic captioning function that is available in the audiovisual platform. If a two-way audiovisual platform is not provided, the City Council shall provide a two-way telephonic service. Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment. 6. Response to Service Disruption If the Presiding Officer becomes aware of a service disruption: a. The Presiding Officer shall immediately announce the service disruption to the public. b. The Presiding Officer shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act. The recess shall last for one hour or until service is restored, whichever is earlier. Resolution No: 7691 Adopted: _______ 8 c. During the recess, City of Arcadia staff shall make a good faith effort to diagnose and restore the disrupted service. 7. Reconvening the Open Session After the expiration of the hour, if service has not been restored, the Presiding Officer shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to: a. Adjourn the meeting; b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding: “The City of Arcadia has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored. 8. Recordkeeping The City Clerk shall enter a brief statement into the meeting minutes, including: The nature and time of the service disruption; The time the meeting was reconvened (if applicable); Any finding adopted pursuant to Section 7. 9. Response to Members of the Public Disrupting a Meeting If the Presiding Officer becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person: Resolution No: 7691 Adopted: _______ 9 a. The Presiding Officer shall warn the person who is participating through remote access services that they are disrupting the meeting and their failure to cease that behavior may result in their removal. b. If the person to whom the Presiding Officer gave the above warning persists in disrupting the meeting, the Presiding Officer shall order staff to: i. mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or ii. remove the individual from the meeting if paragraph (a) does not address the disrupting behavior or is not available using the remote access service. 10. Review and Updates This policy may be amended by the Arcadia City Council at a noticed public meeting in open session and may not be placed on the Consent Calendar.