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HomeMy WebLinkAboutBrown Act Modernization - SB 707 - Adopt Resolution No. 2026 2 Ma n��f11iNGTp� Huntington u tin on�Be Beach,Street, `;U of r " 'e='.\ g 92648 City of Huntington Beach - 'tea APPROVED 7-0 .1-6,714141$01V%,, UNTV File #: 26-525 MEETING DATE: 6/16/2026 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: Adopt Ordinance No. 4349, Regarding Public Participation and Disruptive Behavior - Approved for Introduction June 2, 2026, by a vote of 6-0-1 (Van Der Mark-Absent) Statement of Issue: On June 2, 2026, City Council approved Ordinance No. 4349 for introduction. This Ordinance amends the Huntington Beach Municipal Code by adding new Chapter 2.102 thereto entitled 'Public Participation and Disruptive Behavior". This ordinance is being adopted in preparation for the implementation of Senate Bill 707 (SB 707), 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. Financial Impact: Not applicable Recommended Action: Adopt 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.' Alternative Action(s): Do not approve recommended action and direct staff accordingly. 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. City of Huntington Beach Page 1 of 4 Printed on 6/10/2026 powel261*LegistarT" File #: 26-525 MEETING DATE: 6/16/2026 • 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. City of Huntington Beach Page 2 of 4 Printed on 6/10/2026 power LegistarT"' File#: 26-525 MEETING DATE: 6/16/2026 • 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 City of Huntington Beach Page 3 of 4 Printed on 6/10/2026 power263,LegistarT" File #: 26-525 MEETING DATE: 6/16/2026 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 City of Huntington Beach Page 4 of 4 Printed on 6/10/2026 power264 LegistarT^' 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" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Title 2 Administration and Personnel of the Huntington Beach Municipal Code is hereby amended by adding new Chapter 2.102 thereto entitled "Public Participation and Disruptive Behavior"to read as follows: Chapter 2.102 Public Participation and Disruptive Behavior Section 2.102.010 Findings. Section 2.102.020 Purpose and Authority. Section 2.102.030 Applicability. Section 2.102.040 Standard of Conduct. Section 2.102.050 Prohibited Conduct. Section 2.102.060 Enforcement of Audience Decorum. Section 2.102.070 Violations—Penalty. Section 2.102.080 Severability. 2.102.010 Findings. The City Council of the City of Huntington Beach does hereby ordain as follows: (a) On October 3, 2025, Governor Gavin Newsom signed Senate Bill 707 ("SB 707"), which amended provisions of the Ralph M. Brown Act (Government Code section 54950 et seq.) governing teleconferenced meetings, remote public participation, technology disruptions, and public meeting procedures. (b) Additional teleconferencing and remote participation provisions required by SB 707 will become operative on July 1, 2026, and that adoption of this Chapter prior to that date is necessary to ensure that the City, its legislative bodies, and City staff establish uniform procedures and operational protocols necessary to comply with the Brown Act before such provisions become operative. (c) SB 707 requires the City to adopt and implement clear procedures governing remote participation, technology disruptions, 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. Accordingly, the adoption of this Chapter is necessary to ensure compliance with the Brown Act by establishing uniform procedures ORDINANCE NO. 4349 applicable to meetings of the City Council and all legislative bodies of the City that are required to provide remote public access or are otherwise required by law to provide remote participation. 2.102.020 Purpose and Authority. (a) Authority. This Chapter is adopted pursuant to Article XI of the California Constitution, the Charter of the City of Huntington Beach, the Ralph M. Brown Act (Gov. Code § 54950 et seq.), including Government Code Section 54957.9 and SB 707, to establish reasonable regulations governing public participation, meeting decorum, remote participation, and procedures necessary to address disruptive conduct and technology disruptions occurring during public meetings. (b) Purpose. This Chapter establishes uniform procedures for addressing disruptive behavior by members of the public in both in-person and remote meeting environments and is intended to (i) preserve the ability of the legislative body to conduct its business in an orderly manner; (ii) protect the rights of all members of the public to observe and participate in meetings without unreasonable interference; and (iii) ensure that any limitations on public participation are content-neutral, narrowly tailored, and consistent with applicable law. 2.102.030 Applicability (a) Applicability. This Chapter applies to all public meetings of any legislative body of the City of Huntington Beach. (b) Scope. This Chapter governs the conduct of members of the public attending or participating in such meetings, whether physically present or participating through remote access services, and further governs the procedures and responsibilities of City officials, staff, and agents in administering, enforcing, and complying with applicable laws governing public meetings. The scope is intended to codify requirements that members of the public comply with the reasonable time, place, and manner procedures established by this Chapter for the orderly conduct of meetings; however, the scope will be applied in a manner that doesn't limit the right to provide public comment in violation of applicable law. (c) Consistency with Other Laws. This Chapter shall be interpreted consistent with the City Charter, Brown Act, including Government Code Section 54957.9, SB 707, and applicable constitutional protections. In the event of any conflict between this Chapter and any rules of procedure adopted by a board, commission, or committee of the City, the provisions of this Chapter shall control to the extent necessary to ensure compliance with the Brown Act and applicable constitutional requirements. 2.102.040 Standard of Conduct. (a) Decorum Standards, Disruptive Conduct Prohibited. All persons participating in a City Council meeting, or meeting of any other legislative body, 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. Any person who engages in behavior that is disruptive, meaning actually -412142/26-17850 2 ORDINANCE NO. 4349 disrupts, disturbs, or otherwise impedes the orderly conduct of any applicable meeting may result in further enforcement action such as being barred from further participation or restricted participation during the remainder of that meeting or removal. Disruptive behavior is behavior that actually interferes with the orderly conduct of the meeting or the ability of the legislative body to conduct its business, or the ability of the public to observe or participate. (b) Remote Participation. For meetings in which remote participation is available, members of the public may observe and address the legislative body through the designated telephonic or audiovisual platform as set forth by Resolution. Persons participating in any applicable meeting from a remote location shall conduct themselves in accordance with the same decorum standards required of all in-person participants, and as set forth in existing law and this Chapter. Any remote participant who engages in behavior that is disruptive, meaning actually disrupts, disturbs, or otherwise impedes the orderly conduct of any applicable meeting may result in further enforcement action such as being barred from further participation or restricted participation during the remainder of that meeting or removal. Disruptive behavior is behavior that actually interferes with the orderly conduct of the meeting or the ability of the legislative body to conduct its business, or the ability of the public to observe or participate. (c) Examples of Disruptive Behavior. Examples of behavior that can actually interfere (i.e. disrupt, disturb, or otherwise impede) with the orderly conduct of the meeting, the ability of the legislative body to conduct its business, or the ability of the public to observe or participate include, but are not limited to, the following objective-based actions which, shall apply to both in-person and remote participation, to the extent such conduct can occur in the applicable setting: (1) Speaking Without Recognition/Outside Designated Procedures. Addressing the legislative body without being recognized, speaking at a time not designated for public comment, or otherwise failing to follow established procedures for public participation. (2) Exceeding or Refusing to Yield Time. Continuing to speak after the allotted time has expired or refusing to relinquish the podium, microphone, or speaking opportunity when directed. (3) Interrupting or Interfering with Speakers. Interrupting, speaking over, or otherwise interfering with a recognized speaker, or preventing a person from addressing the legislative body during their allotted time. (4) Improper Direction of Remarks. Directing remarks to the audience rather than to the legislative body or attempting to engage in dialogue with others outside the recognized speaking process. (5) Disruptive Vocal Conduct. Making sustained or repeated noise, including yelling, shouting, chanting, or using loud, threatening, or abusive language, that interferes with the ability to hear or conduct the meeting. -412142/26-17850 3 ORDINANCE NO. 4349 (6) Threatening or Intimidating Conduct. Making statements that constitute a true threat of violence or engaging in conduct that would cause a reasonable person to fear for their safety and that interferes with participation in the meeting. (7) Physical Disruption. Engaging in physical conduct that interferes with the meeting, including throwing objects, blocking aisles or exits, or entering restricted areas such as the dais or staff areas without authorization. (8) Failure to Comply with Lawful Direction. Refusing to comply with a lawful directive issued by the Mayor, City Clerk, or authorized staff to maintain order, including directions related to speaking order, time limits, or use of meeting facilities or remote platform features. (9) Obstructive Use of Objects, Displays, or Attire. Using signs, banners, costumes, masks, or other items in a manner that blocks the view of others, obstructs cameras or recording equipment, or otherwise interferes with the conduct of the meeting. (10) Improper Use of Devices, Equipment, or Platform Features. Using amplification devices, alarms, lighting, or electronic equipment, or misusing remote platform features such as chat, video, reactions, or screen sharing, in a manner that produces sound or visual interference that disrupts the meeting. (11) Unmuted or Remote Interference. Failing to mute audio when not recognized to speak or otherwise creating background noise or technical interference that disrupts the proceedings. (12) Bypassing Speaker Procedures. Repeatedly attempting to speak, re-enter the speaker queue, or otherwise circumvent established procedures for public comment. (13) Disruptive Expressive Conduct. Clapping, whistling, stomping, sign waving, or similar expressive conduct that becomes sustained or amplified to the extent that it interferes with the orderly conduct of the meeting. (14) Conduct Preventing Orderly Continuation. Engaging in conduct that prevents the legislative body from proceeding with its agenda or otherwise actually interferes with the public's ability to hear, observe, or participate in the meeting. (d) Clarifying Standard. The following examples do not constitute disruptive behavior, standing alone: (i) expressing criticism of the City, Councilmembers, or staff; (ii) expressing offensive, harsh, or unpopular viewpoints; or (iii) expressive conduct, including clapping, brief vocal reactions, or silent protest, that does not actually disrupt the meeting. -412142/26-17850 4 ORDINANCE NO. 4349 2.102.050 Prohibited Conduct. The following are some examples of prohibited conduct: (a) Continued Disruptive Conduct/Behavior. Continuing to engage in behavior that actually interferes (i.e. disrupts, disturbs, or otherwise impedes) the orderly conduct of a City Council meeting after receiving a warning at that meeting. (b) Refusal to Leave. Refusing to leave the Council Chambers after being removed by the Mayor or Presiding Officer from the meeting. (c) Attempt to Return. Returning to the Council Chambers before the conclusion of a City Council meeting after being removed or barred from further participation from the remainder of that meeting. (d) Attempt to Rejoin Remotely. Rejoining or attempting to rejoin a meeting through a remote platform after being removed or barred from further participation for the remainder of that meeting. 2.102.060 Enforcement of Audience Decorum. (a) Enforcement of Decorum. The rules of audience decorum set forth in this Chapter shall be enforced in a progressive, content-neutral manner designed to restore and maintain the orderly conduct of the meeting using the least restrictive means necessary. Except where immediate action is warranted, enforcement shall generally proceed through a sequence of steps, including a clear warning to desist, a directive to comply, and, if necessary, further enforcement action such as restriction of participation, removal, or barring a person from further participation during the meeting. (b) Generally. When feasible, a warning shall identify the specific conduct at issue, state that the conduct is disrupting the meeting, and direct the individual to cease the conduct and comply with meeting rules. The individual shall be provided with a reasonable opportunity to comply before further enforcement action is taken. (1) Enforcement actions under this Section shall be based on conduct and not on the content or viewpoint of a person's speech. (2) Nothing in this Section shall be construed to limit the authority of the Mayor or other presiding officer to take immediate action where necessary to protect public safety or ensure the orderly conduct of the meeting. (c) Enforcement Procedure - In-Person Decorum. The rules of conduct for in-person attendance at meetings of the City Council, and any other applicable legislative body, shall be enforced in the following manner: -412142/26-17850 5 ORDINANCE NO. 4349 (1) Warning to Desist. Whenever practicable, the Mayor or other presiding officer, shall first give a warning to a person to stop the conduct that is actually disrupting, disturbing, or otherwise impeding the orderly conduct of the meeting. The warning shall, where feasible, identify the specific conduct, state that the conduct is disrupting the meeting, and direct the individual to immediately cease the conduct. The warning may also include notice that failure to comply may result in removal. A warning shall not be required where it would be ineffective due to extraordinary circumstances, including but not limited to situations in which a warning would be difficult to hear over the disturbance, situations involving an immediate threat to public safety, or situations involving a person who, after being warned during that meeting, again engages in disruptive conduct. (2) Directive to Comply. The individual shall be provided a reasonable opportunity to comply. If, after receiving a warning or direction from the Mayor or other presiding officer, the person persists in violating the rules of decorum, the presiding officer may again direct the person to cease such conduct. (3) Order Barring Person from Further Attendance During the Meeting. The Mayor, the presiding officer, may issue an order removing a person from the remainder of the meeting if that person, after being warned at that meeting, again engages in conduct that actually disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting. The basis for the order, including the warning provided and the continued disruptive conduct, shall be stated on the record. Such an order may also be issued without a prior warning where extraordinary circumstances exist such as (i) a true threat of violence; (ii) an immediate risk to public safety; or (iii) the conduct is so severely disruptive that a warning would be ineffective. (4) Removal. If a person barred from the remainder of the meeting does not voluntarily leave the meeting room, the Mayor, the presiding officer, may direct the Sergeant-at- Arms or law enforcement personnel to remove that person from the meeting room and exclude that person for the remainder of the meeting. Removal shall be limited to the individual or individuals responsible for the disruption. (5) Recess. The Mayor or presiding officer may order a recess at any time for the purpose of restoring order. The duration of the recess shall be limited to the amount of time reasonably necessary under the circumstances to address the disruption and restore the orderly conduct of the meeting. If, upon resumption of the meeting, the disruptive conduct continues, the Mayor or presiding officer may take further enforcement action in accordance with this Chapter, including directing the removal of individuals engaged in disruptive conduct or, if necessary, invoking the procedures set forth in Government Code Section 54957.9 to clear the meeting room. Nothing in this Section shall be construed to limit the authority of the Mayor or presiding officer to take immediate action where necessary to protect public safety or ensure the orderly conduct of the meeting. (6) Clearing the Room. Pursuant to Government Code Section 54957.9, if a meeting is interrupted so as to render the orderly conduct of the meeting infeasible and order cannot be restored by removal of the individuals responsible, the City Council, or other applicable legislative body, may order the meeting room cleared and continue in session. Prior to -412142/26-17850 6 ORDINANCE NO. 4349 clearing the room, the Mayor or other presiding officer shall state on the record that: "The Disruption is preventing the orderly conduct of the meeting and less restrictive measures, including individual removal, have been ineffective or are impracticable.". The order shall apply only to the extent necessary and shall not apply to members of the press or media not participating in the disturbance. Following clearance, the legislative body may continue the meeting and may, in its discretion, permit readmission of individuals upon a determination that such individuals will comply with the rules of decorum. To the extent feasible, the City shall maintain audio or video broadcast of the meeting during any cleared session. (7) Documentation. The City Clerk or designee shall document in the meeting record the nature of the disruptive conduct, any warnings given, the individual's response, and the enforcement action taken. (d) Enforcement Procedure - Remote Decorum. The rules of conduct for remote attendance and participation at meetings of the City Council, and any other applicable legislative body, shall be enforced in the following manner: (1) Warning to Desist. Whenever practicable, the Mayor, the presiding officer, or authorized staff shall first give a warning to a remote participant whose conduct is actually disrupting, disturbing, or otherwise impeding the orderly conduct of the meeting. The warning ,shall, where feasible, identify the participant by name or other identifier, describe the specific disruptive conduct, state that the conduct is interfering with the meeting, and direct the participant to cease the conduct. The warning may be delivered verbally or through available platform tools. A warning shall not be required where it would be ineffective due to extraordinary circumstances, including but not limited to situations involving an immediate threat to public safety or conduct so disruptive that immediate action is necessary to restore order. (2) Directive to Comply. The participant shall be provided a reasonable opportunity to comply, and staff may assist where feasible; if, after receiving a warning or direction, the participant persists in violating the rules of decorum, the Mayor, the presiding officer, or authorized staff may direct the participant to cease such conduct and may take reasonable steps to ensure compliance. (3) Restriction of Participation Features. If the participant continues to engage in disruptive conduct, the Mayor, the presiding officer, or authorized staff may mute the participant, disable video, restrict chat or other platform features, remove screen-sharing privileges, place the participant in listen-only mode, or impose other reasonable restrictions necessary to restore order. To the extent feasible, less restrictive measures shall be used before removal, including muting the participant, disabling video, restricting chat, or placing the participant in listen-only mode. (4) Removal from Remote Platform. If a participant barred from further participation continues to interfere with the meeting or circumvents platform restrictions, the Mayor, the presiding officer, may remove that participant from the remote platform for the remainder of the meeting. 412142/26-17850 7 ORDINANCE NO. 4349 (5) Recess. The Mayor or presiding officer may order a temporary recess at any time for the purpose of restoring order in response to disruptive conduct by one or more remote participants. The duration of the recess shall be limited to the amount of time reasonably necessary under the circumstances to address the disruption and restore the orderly conduct of the meeting. During the recess, the Mayor, presiding officer, or authorized staff may take reasonable steps to address the disruptive conduct, including issuing warnings, muting participants, restricting participation features, or removing participants in accordance with this Chapter. If, upon resumption of the meeting, the disruptive conduct continues, the Mayor or presiding officer may take further enforcement action, including barring the participant from further participation or removing the participant from the remote platform for the remainder of the meeting. Nothing in this Section shall be construed to limit the authority of the Mayor or presiding officer to take immediate action where necessary to protect public safety or ensure the orderly conduct of the meeting. (6) Continued Observation Where Practicable. Removal from active remote participation shall not require complete exclusion from observing the meeting. (7) Documentation. The City Clerk or designee shall document in the meeting record the nature of the disruptive conduct, any warnings given, the participant's response, and the enforcement action taken. (e) Technology Disruptions Affecting Remote Participation. Nothing in this Section authorizes the City to continue a meeting in a manner inconsistent with the Brown Act or SB 707 if a broader disruption of telephonic or internet service affects remote public access generally. Any such disruption affecting remote access, connectivity, or the availability of telephonic or internet-based participation shall be governed by the City's Technology Disruption Policy as adopted by Resolution. (f) Motion to Enforce. Any member of the City Council may request enforcement of the rules of decorum set forth in this Chapter. The Mayor or presiding officer shall determine the appropriate enforcement action consistent with this Chapter. In the event the Mayor or presiding officer fails to act, a member of the City Council may make a motion to enforce the rules of decorum, including a motion to issue a warning, direct compliance, restrict participation, or remove a person from the meeting. Such motion shall be decided by a majority vote of the City Council. (g) Sergeant-At-Arms. The Chief of Police for the Huntington Beach Police Department (HBPD) shall assign one or more Sergeant-at-Arms to all meetings of the City Council. The Chief of Police, or his or her designee, shall carry out all lawful orders and directions given by the presiding officer, or their designee (with consultation with the City Manager and City Attorney as needed) for the purpose of maintaining order and decorum at meetings. The Sergeant-at-Arms is authorized to warn individuals whose conduct violates this Chapter, request compliance with lawful directives, and, when directed by the presiding officer, or his or her designee, remove any person from the meeting room who has been barred from further attendance or who otherwise engages in unlawful or disruptive conduct. Nothing in this -412142/26-17850 8 ORDINANCE NO. 4349 Section shall be construed to limit the authority of law enforcement personnel to take immediate action where necessary to protect public safety or enforce applicable laws. (h) Remote Decorum Enforcement Authority. For meetings in which remote participation is available, the City Clerk, Information Technology staff, or other authorized City personnel shall administer and enforce the rules of decorum applicable to remote participation. Such personnel are authorized to carry out lawful directions of the Mayor, the presiding officer, or a majority of the City Council for the purpose of maintaining order, including issuing warnings, managing speaker queues, muting participants, restricting participation features, and removing participants from the remote platform in accordance with this Chapter. 2.102.070 Violation—Penalty. (a) Violations of this Chapter shall constitute a misdemeanor punishable as set forth in Chapter 1.16 of the Huntington Beach Municipal Code. (b) Any person who willfully disrupts a public meeting so as to render the orderly conduct of the meeting infeasible may be subject to enforcement under California Penal Code Section 403. Referral for enforcement may be made where the disruption is intentional and substantial, the individual refuses to comply with lawful directives, the conduct prevents the legislative body from continuing its business, or the conduct poses a risk to public safety. Nothing in this Chapter shall be construed to limit the authority of the Huntington Beach Police Department to take appropriate action consistent with applicable law. 2.102.080 Severability. If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. -412142/26-17850 9 ORDINANCE NO. 4349 SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June , 2026. ____________4ZA_zt:v; Mayor ATTEST: APPROVED AS TO FORM: - oete., /1---YI,Or"-- City Clerk City Attorney /{/ INITIATED REVIEWED AND APPROVED: City Manage -412142/26-17850 10 Ord. No. 4349 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on June 2, 2026,and was again read to said City Council at a Regular meeting thereof held on June 16,2026, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Gruel, Kennedy, Twining, McKeon, Burns, Van Der Mark, Williams NOES: None ABSENT: None RECUSED: None I,Lisa Lane Barnes,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on June 25,2026. In accordance with the City Charter of said City. K� ' •l/ LisaL Barnes,City Clerk City Clerk and ex-officio Clerk cl?..,.....,ane Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California *\' -Vil\IGin v4/ I \ \-,pRPORgr47) -- _ •• C' SB 707 : Brown Act _ , ��� � ' _ : = Modernization ______ . _ __ _ _ __ -` - __ City of Huntington Beach Compliance -- �. N. June 2, 2026 ")•••• B 17, 19 0 g : '� O C°UN TN C,) 280 Table of Contents • Introduction • Updated Regulations • Remote Participation • Managing Disruptions • Social Media • Compensation Reporting • Accessibility • Language and Outreach • Policy Adoption • Resolution No. 2026-17: Technology Disruption ,ioilx,O6 IN G - Ordinance No. 4349: Public Participation & 1� ':�� Disruptive Behavior \ 11 s GUNTYs''' /' 1- I NG 7 U •,,....,,, 04/ (••• \ ppRPORgrFo•, , hit. • C" (J ; - - = - I n t ro d u ct i o n.. • _. ., )1.4 , ....... .- - • ,..../ ._,_,. , , .. .___. _ ______ ______„___ -_ __., ,..;....7..„. ,..._ .„,. ,ick- F'? �••�• 17, 1909 •• ••.......•• �� C° C') p. ANT`( 282 Intent of SB 707 Modernization of the Brown Act prioritizes • digital accessibility • evolved teleconferencing rules • language access Full implementation required before July 1 , 2026. AB 361 (2020) I I Interim SB 707 (2025) ���, TING ,# ,( ....N..ro Pandemic-era City of Huntington Updates rules through �0 o: •„,,,,p09A,f,�;Le�\ flexibility for remote Beach opted out of 2030. ��ti s f �,(�• meetings without remote meetings. �='-�=t. . physical locations. (December 2022) �•�'.-Kr_ _. (Expired) ........,:e:2T.,':..;;:�.�\(-Oi11 .eUUNTYza ii Eligibility Eligible Legislative Body - City Council in a city with a population of 30,000 or more in a county with a population of more than 600,000. Huntington Beach City Council qualifies as an "Eligible Legislative Body." Eligible Legislative Body City of Huntington Beach Population >30,000 Population 196,000 �, TINGT.'A!'' O�•�.\N�aRY0fl4re°- •.•ep - _ Training & Distribution Full copy of the Brown Act provided to all elected and appointed members. • Materials will be distributed when onboarding new officials and following any legislative updates for existing members. ,#' TINGT0 S S ie I7 11O Updated Regulations • Remote Participation • Social Media • Compensation Reporting • Managing Disruptions — Meeting Decorum • Digital Accessibility • Language • Outreach NGT--L` ' �� '7rt ,�.y7> 1�s '1 ;s \ 6 i � =CGUNTYz6''',I' Remote Participation - Member Remote participation allowed for City Council Members as a "reasonable accommodation". • Disability/ADA • Just Cause — childcare or caregiving, military service • Emergency Circumstances — contagious illness • Remote participation due to disability counts toward quorum. • Audio and video participation unless disability prohibits video use. Disclosures ,ti'' • Disclosure at roll call and update as needed. .0 o`s`�� °!NGp� A • Disclose anyone over the age of 18 present in the room and relationship. ' • Max Remote Uses/Year = 5 per member. =FSOU17 19as NTYz ;;���� Remote Participation : Two-Way Public Access The City must provide live two-way telephonic or audiovisual access. • Zoom Webinar for public participation will start June 2026. • Accessibility Standards - Dial-in numbers and meeting links must be clearly posted on the agenda and tested prior to start to --�_ ensure barrier-free access. �ct-- �NT�N�ro +I O`f.•\N00P P rggTO � • City Council must adopt a policy for technological disruptions. �`�_ � t��\ • Resolution No. 2026-17 proposed for adoption this evening. L Q ( f Managing Disruptions - Technology Technology Disruption Mandatory Pause If remote access service fails, the City Council must recess while staff restores the connection. Public Notification Staff must immediately post real-time status updates on the meeting webpage and announce the delay on all available social channels. Physical Access The physical meeting room must remain open and accessible to the public during the entire recess period. The"Public Interest If remote service is not restored after 1 hour, the City Council may Finding" make a formal finding that the"public interest in continuing the meeting outweighs the lack of remote access." Roll Call Requirement This finding must be adopted by a recorded roll call vote before any further business occurs. , 1 TING -t— oo ��N.......,j0 Record Keeping Record the finding verbatim in the minutes and post notice on the 11�p�:••',.�� oR'''' • L�c�\ meeting recap page. 1 CGuNri2.5e, Managing Disruptions - Decorum Update meeting disruption procedures for remote participants. • Opportunity to implement broader decorum and participation policy Authority to Remove Clarifies statutory authority to remove disruptive remote participants to maintain the orderly conduct of the meeting. The Warning Rule Issue a specific warning before muting or disconnecting a disruptive user. Neutral Application Establish clear conduct rules (e.g., time limits, profanity) and apply them neutrally to all speakers. �oio/*\No INcro� e,`� a Tre #.10 no — C�UNTY2�'ii� Social Media and Compensation Reporting Social Media Sunset Removed Social media interaction rules (AB 992) are now permanent Permitted Officials MAY engage with the public's posts on City Engagement matters (e.g., answering questions on a resident's post). Strict Prohibition Officials CANNOT respond to, like, share, or repost other City Council Members' content on the same topic to avoid "serial meetings." Compensation Reporting Open Session Report An oral report must be made in open session before ,,," taking final action on compensation. Iii � NTINGTO4; .......... p I �i•\N�ORP084TEO'••. Expanded Scope Requirement now applies to all "department heads" (previously only required for executives such as the City Manager). �\��•,r,_ ... X92.,a /Q Required Details The verbal report will include the position title, a summary _F•• O II �GUNTV2vr of compensation elements, and any contract changes. =.,�����.01 Accessibility Agenda Request System • A system must be in place for electronically accepting and fulfilling requests for agendas and meeting documents. • City is compliant with a direct link from the City's homepage to the City Council agendas. Webpage • Dedicated Webpage - Maintain a specific "Public Meetings" web page.e. The interface and agenda page itself must be �' ��N �NGo� p g 9 p 9 ,s � ..„,„,,0g4rF,•••. . translated into applicable languages. , • Content Standards Dial-in/AV instructions. ikc) _ _ 2 \\�oQ/�l COUNT'2 '_d l Language and Outreach Language Access • 20% threshold for translation of agendas into applicable languages, when non-English language(s) spoken by at least 20% of residents, when at least 20% of those residents also report speaking English "less than very well." • Make a publicly accessible space for the public to post translated agendas. Outreach , o/oT I NGTo > • Must make reasonable efforts of outreach to underrepresented ++Uf:, 9 ; and non-English speaking communities. _ _ CG1/NTV A(; >/i NTINGT 04, c ••'' OR PORA e, �•. \NC TF© 16?‹..,ov -� Policy Adoption ...,„_. .•• _._:.___ `.' '•''hFB• 17 190'3 , Ps. �'• F...) ` COUNTN C)° 294 Policy Adoption Policies must be adopted in open session at a noticed public meeting and not placed on the Consent Calendar. Recommended Action • Adopt Resolution No. 2026-17 Technology Disruption During Public Comments •00\. o , • Approve for introduction Ordinance No. 4349 Public r Participation and Disruptive Behavior = CG(NT`t2 ;1# ,..„ ,_,,. . Questions ? 1 ,. , " , I ,.„li'i,,,41,_;:4.11lli[Ito 1 ill:"k141:4 x" Fes" LW' it =.A:3 \\\ •`,7,;,..., am ,,,t,�?���� 1 tit I r +y t' .l.t t • 3 a � iii 4)1k& /i /2 CPI/ kl25120 HB Wave PUBLISH DATE: 06/25/2026 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 4349 Adopted by the City Council on June 16, 2026 "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- SYNOPSIS: Under Senate Bill (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 SB 707 requirements by July 1, 2026. Ordinance No. 4349 introduces regulations establishing the standards of conduct for in-person and remote participation and methods to maintain and restore orderly conduct, as necessary. These rules will be incorporated into the Amended 2024 City Council Manual and will be reflected in Section IV (C)(3) Standards of Conduct, Public, and Section VII (B)(8) Meeting Procedures, Public Comments. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held June 16, 2026 by the following roll call vote: AYES: Gruel, Kennedy, Twining, McKeon, Burns, Van Der Mark, Williams NOES: None ABSENT: None ABSTAIN: None This ordinance is effective July 16, 2026. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 LISA LANE BARNES, ELECTED CITY CLERK Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at (714) 796-2209. Notice ID:S7ZTWW8ick2PCTZceOpM I Proof Updated:Jun.18,2026 at 12:25pm PDT Notice Name: Synopsis-Ord No.4349 See Proof on Next Page This is not an invoice.Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher. FILER FILING FOR Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals Total Column Inches: 30.57 Number of Lines: 58 06/25/2026:City Notices 464.25 Subtotal $464.25 Tax $0.00 Processing Fee $0.00 Total $464.25 Synopsis-Ord No. 4349-Page 1 of 2 HB Wave PUBLISH DATE:06/25/2026 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4349 Adopted by the City Council on June 16,2026 "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"" SYNOPSIS: Under Senate Bill (SB) 707, "eligible legislative bodies' will be sublect 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 sublect to the SB 707 requirements by July 1,2026. Ordinance No.4349 introduces regulations establishing the standards of conduct for in- person and remote participation and methods to maintain and restore orderly conduct, as necessary. These rules will be Incorporated into the Amended 2024 City Council Manual and will be reflected in Section IV(C)(3)Standards of Conduct, Public,and Section V i I (B)(8) Meeting Procedures,Public Comments. Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held June 16,2026 by the following roll call vote: AYES: Gruel, Kennedy,TWining,McKeon,Burns,Van Der Mark, Williams NOES: None ABSENT: None ABSTAIN: None This ordinonce is effective July 16,2026. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 LISA LANE BARNES,ELECTED CITY CLERK Huntington Beach Wave Published:6/25:26 Synopsis-Ord No. 4349-Page 2 of 2 CLU INDES THE F0 TAIN VVALLEYVIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011799520 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 06/25/2026 Total Amount: $464.25 Payment Amount: $0.00 Amount Due: $464.25 Notice ID: S7ZTWW8ick2PCTZceOpM Invoice Text: HB Wave PUBLISH DATE: 06/25/2026 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4349 Adopted by the City Council on June 16, 2026"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"SYNOPSIS: Under Senate Bill(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 SB 707 requirements by July 1, 2026.Ordinance No.4349 introduces regulations establishing the standards of conduct for in-person and remote participation and methods to maintain and restore orderly conduct,as necessary.These rules will be incorporated into the Amended 2024 City Council Manual and will be reflected in Section IV(C)(3)Standards of Conduct, Public, and Section VII(B)(8) Meeting Procedures, Public Comments. Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held June 16, 2026 by the following roll call vote:AYES: Gruel, Kennedy,Twining, McKeon, Burns,Van Der Mark,Williams NOES: None ABSENT:ABSTAIN: None None This ordinance is effective July 16, 2026. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714- TT/^'� See Proof on Next Page le INCLUDES THE FOUMIIN VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A- 185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 06/25/2026 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County, California,on Date:Jun 25,2026. Cktpar S ure HB Wave PUBLISH DATE:06/25/2026 CITY OF HUNTINGTON BEACH LEGAL NOTICE 9 Adopted by the City Council on u e 16,2026 "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"' SYNOPSIS: Under Senate Bill (SB) 707, 'eligible legislative bodies' will be sublect 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 sublect to the SB 707 requirements by July 1,2026. Ordinance No.4349 introduces regulations establishing the standards of conduct for in- person and remote participation and methods to maintain and restore orderly conduct, as necessary. These rules will be incorporated into the Amended 2024 City Council Manual and will be reflected in Section IV(C)(3)Standards of Conduct,Public,and Section V11 (B)(8) Meeting Procedures,Public Comments. Copies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held June 16,2026 by the following roll call vote: AYES: Gruel, Kennedy,Twining,McKeon, Burns,Van Der Mark, Williams NOES: None ABSENT: None ABSTAIN: None This ordinance is effective July 16,2026. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 LISA LANE BARNES,ELECTED CITY CLERK Huntington Beach Wave Published:6/25/26 Synopsis - Ord No. 4349- Page 2 of 2 2000 Main Street, okiiNGT o�?.va.,�..,Es. � . Huntington Beach,CA ' 92648 _' City of Huntington Beach APPROVED 6-0-1 `A NICO".`: (VAN DER MARK-ABSENT) File #: 26-277 MEETING DATE: 6/2/2026 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: 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 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: 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."" City of Huntington Beach Page 1 of 5 Printed on 5/27/2026 powered by LegistarT' 977 File #: 26-277 MEETING DATE: 6/2/2026 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 City of Huntington Beach Page 2 of 5 Printed on 5/27/2026 powered by LegistarT" 978 File #: 26-277 MEETING DATE: 6/2/2026 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." City of Huntington Beach Page 3 of 5 Printed on 5/27/2026 powered by LegistarT" 979 File #: 26-277 MEETING DATE: 6/2/2026 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. City of Huntington Beach Page 4 of 5 Printed on 5/27/2026 powered by LegistarT" 980 File #: 26-277 MEETING DATE: 6/2/2026 Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Resolution No. 2026-17 2. Ordinance No. 4349 3. PowerPoint Presentation City of Huntington Beach Page 5 of 5 Printed on 5/27/2026 powered by LegistarT"' 981 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 WHEREAS, the State of California has adopted into law Senate Bill 707 (2026), which amended California Government Code Section 54953.4 to require local government agencies to establish clear, consistent, and enforceable procedures for responding to Disruptions in telephonic or internet service that impair the public's ability to observe or participate in meetings; and This Resolution is adopted to ensure compliance with SB 707, to ensure transparency, protect the public's right to participate in meetings through remote access, and to provide for the orderly continuation or suspension of meetings when such access is impaired; and This Resolution shall be adopted in open session at a noticed public meeting and shall not be placed on the consent calendar, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. ADOPTION OF RECITALS. The foregoing Recitals are all true and correct, and hereby adopted and approved. 2. DEFINITIONS. (a) "Disruption" means any total or partial failure, outage, interruption, or material degradation of Remote Access Services that materially impairs the public's ability to observe the meeting,hear the proceedings, or provide public comment in real time.A Disruption includes, but is not limited to, loss of audio or video feed, inability to access the meeting platform, inability to submit or deliver public comment, or repeated or sustained system instability that significantly interferes with remote participation. (b) "Remote Access Services"means any two-way telephonic or audiovisual system, livestream platform, or related technology used to provide real-time public observation or participation in a meeting, including but not limited to video conferencing platforms, internet streaming services, and telephonic dial-in systems. 3. APPLICABILITY. (a) Applicability. This Resolution applies to all meetings, and all portions of meetings that are open to the public, of the City Council; and to any other legislative body of the City of Huntington Beach only when Remote Access Services are provided or when remote RESOLUTION NO. 2026-17 public access is otherwise required by law, including meetings conducted in person, remotely, or in a hybrid format. (b) Scope. This Resolution governs the procedures and responsibilities of City officials, staff, and agents in identifying, responding to, and resolving Disruptions to remote access services, and in determining whether and how a meeting may lawfully proceed in the event of such Disruption. (c) Consistency with Law. This Resolution shall be interpreted and applied in a manner consistent with the Brown Act, including Government Code section 54953.4, SB 707, and all applicable constitutional protections relating to public access and participation. The provisions of this Resolution supersede the provisions of any other Resolution, Rule,Bylaw, or Regulation in conflict herewith. 4. RESPONSE TO TECHNOLOGY/SERVICE DISRUPTION. (a) Announcement of Disruption- Mandatory. Upon becoming aware of a Disruption to Remote Access Services, the Mayor, presiding officer, or City Clerk shall immediately announce the existence of the Disruption in open session. The announcement shall, to the extent known at the time, describe the nature of the Disruption and its impact on public access or participation. (b) Recess - Mandatory. Upon announcement of a Disruption that materially impairs remote public access, the legislative body shall immediately pause or recess the meeting. This requirement is mandatory, and no discretionary determination to continue the meeting may be made at this stage. (c) Recess Duration and Restoration Efforts - Mandatory. The meeting shall remain in recess until at least one (1) hour has elapsed from the time of the Disruption, or until Remote Access Services are restored, whichever occurs earlier. During the recess, the City shall undertake continuous, good faith efforts to diagnose and restore the disrupted services. Such efforts shall include, as appropriate under the circumstances,troubleshooting the teleconference platform, resetting or replacing equipment, switching to backup systems or platforms, attempting alternate methods of access such as telephonic participation, and coordinating with City staff, contractors, vendors, or service providers. (d) Responsibility for Response. The City Clerk, or designee, shall coordinate the response to the Disruption and serve as the primary point of communication to the public. Information Technology Services (ITS) staff shall lead technical efforts to diagnose and restore service. The City Manager, or his or her designee, shall ensure that appropriate resources are made available to support restoration efforts. (e) Public Communication During Disruption. During any Disruption and recess,the City shall,to the extent feasible, provide updates to the public regarding the status of the Disruption and restoration efforts through available means, including the City's website, meeting 2 26-17851/412085 RESOLUTION NO. 2026-17 platform, or other communication channels, and shall maintain any available livestream or observation access that remains functional. (f) Documentation of Disruption. The City Clerk or designee shall document the Disruption in the meeting record, including the time the Disruption began, the nature of the Disruption, the actions taken to restore service, and the time of restoration, if applicable. 5. RECONVENING AFTER TECHNOLOGY DISRUPTION. (a) Timing. The open session may be reconvened after at least one (1) hour has elapsed from the time the Technology Disruption was identified, or as soon as Remote Access Services are restored, whichever occurs earlier. (b) Restoration of Services - Successful. If Remote Access Services are restored before or at the time the meeting reconvenes,the legislative body shall reconvene in open session and continue the meeting in accordance with applicable law, with full restoration of public access and participation. (c) Restoration of Services -Not Successful. If Remote Access Services have not been restored after at least one (1) hour of continuous, good faith restoration efforts,the legislative body shall reconvene in open session and elect to either: (1) Adjourn the meeting to a future date and time without making any additional findings; or (2) Continue the meeting only if it adopts, by roll call vote, a finding that the City of Huntington Beach has made good faith efforts to restore telephonic or internet service in accordance with this Resolution and that the public interest in continuing the meeting outweighs the public interest in remote public access. Upon adoption of such finding, the legislative body may proceed with the meeting notwithstanding the continued Disruption of Remote Access Services. (d) Limitations on Continuation. The legislative body shall not continue a meeting in any circumstance in which the Disruption prevents all meaningful public access to the meeting and the required finding cannot be truthfully made based on the efforts undertaken and the circumstances present. (e) Disruption of All Meaningful Public Access. A Disruption shall be deemed to "prevent all meaningful public access" when Remote Access Services are unavailable or so materially degraded/nonfunctional such that members of the public are effectively unable to observe the meeting in real time or to provide public comment as required by law; a Disruption is considered sufficient to constitute a loss of meaningful public access only where the condition is (1) widespread in nature - affecting the public at large rather than isolated individuals or individual devices; (2) is ongoing or persistent rather than momentary or transient; and (3) is not reasonably capable of prompt correction through standard troubleshooting or restoration measures. 3 26-17851/412085 RESOLUTION NO. 2026-17 (f) The following, without limit, are examples of Disruptions that can constitute a prevention of all meaningful public access: (1) Complete Loss of Remote Access. No livestream, telephonic access, or audiovisual platform is available to the public. (2) Audio Failure Prevents Understanding of Proceedings.Audio transmission is cut out, unintelligible, or intermittently lost to the point comprehension is not possible. (3) System-Wide Inability to Join. Public cannot log in, dial in, or otherwise access the meeting. (4) Public Comment Function Unavailable. No ability or functional method to speak, queue, or submit real-time comments remotely is available to the public. If the public can merely watch but cannot effectively participate (e.g. no comment function exists, queue system fails, or audio input fails), it qualifies as a complete loss of remote access. (5) Severe Instability. Repeated disconnects, crashes, or lag making participation impracticable. (g) No Loss of All Meaningful Public Access. A Disruption shall not be deemed to result in a loss of all meaningful public access where the issue is minor, temporary, or isolated, including individual connectivity problems, brief interruptions in audio or video, or limited degradation that does not substantially impair the public's ability to hear the proceedings or provide comment. (h) Determination of Public Access. The determination of whether a complete loss of remote access has occurred shall be based on objective, observable conditions affecting the public at large, and not on isolated technical difficulties experienced by individual users/devices. (1) In making this determination, the legislative body shall consider whether the Disruption: (A) prevents the public from reasonably understanding the proceedings due to the absence or material degradation of audio; (B) prevents the public from accessing the meeting through any available Remote Access Service, including livestream, telephonic, or audiovisual platforms; OR (C) prevents the public from exercising the right to provide comment through any available real-time participation mechanism. (i) Where uncertainty exists as to whether a Disruption has resulted in a loss of all meaningful public access, the legislative body shall resolve such uncertainty in favor of preserving public access and participation consistent with the Brown Act and SB 707. 4 26-17851/412085 RESOLUTION NO. 2026-17 6. RECORDKEEPING. The City Clerk shall enter a statement into the meeting minutes documenting any Technology Disruption, including the nature of the Disruption, the time the Disruption began, the restoration efforts undertaken, and the time the meeting was reconvened, if applicable. The minutes shall also reflect the duration of any recess, any actions taken by the legislative body in response to the Disruption, and any finding adopted pursuant to Section 5 of this Resolution. 7. REVIEW AND AMENDMENT. This Resolution may be reviewed, updated, or amended by the City Council at a noticed public meeting conducted in open session and shall not be adopted or amended on the consent calendar. 8. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. 9. EFFECTIVE DATE. This Resolution shall take effect immediately following its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 2 , 2026. -i-ll Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney INITIATED, REVIEWED AND APPROVED: City Manager 5 26-17851/412085 Res. No. 2026-17 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on June 2, 2026 by the following vote: AYES: Gruel, Kennedy, Twining, McKeon, Burns, Williams NOES: None ABSENT: Van Der Mark RECUSED: None -, , _e_A___,____ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 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" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Title 2 Administration and Personnel of the Huntington Beach Municipal Code is hereby amended by adding new Chapter 2.102 thereto entitled "Public Participation and Disruptive Behavior"to read as follows: Chapter 2.102 Public Participation and Disruptive Behavior Section 2.102.010 Findings. Section 2.102.020 Purpose and Authority. Section 2.102.030 Applicability. Section 2.102.040 Standard of Conduct. Section 2.102.050 Prohibited Conduct. Section 2.102.060 Enforcement of Audience Decorum. Section 2.102.070 Violations—Penalty. Section 2.102.080 Severability. 2.102.010 Findings. The City Council of the City of Huntington Beach does hereby ordain as follows: (a) On October 3, 2025, Governor Gavin Newsom signed Senate Bill 707 ("SB 707"), which amended provisions of the Ralph M. Brown Act (Government Code section 54950 et seq.) governing teleconferenced meetings, remote public participation, technology disruptions, and public meeting procedures. (b) Additional teleconferencing and remote participation provisions required by SB 707 will become operative on July 1, 2026, and that adoption of this Chapter prior to that date is necessary to ensure that the City, its legislative bodies, and City staff establish uniform procedures and operational protocols necessary to comply with the Brown Act before such provisions become operative. (c) SB 707 requires the City to adopt and implement clear procedures governing remote participation, technology disruptions, 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. Accordingly, the adoption of this Chapter is necessary to ensure compliance with the Brown Act by establishing uniform procedures 987 ORDINANCE NO. 4349 applicable to meetings of the City Council and all legislative bodies of the City that are required to provide remote public access or are otherwise required by law to provide remote participation. 2.102.020 Purpose and Authority. (a) Authority. This Chapter is adopted pursuant to Article XI of the California Constitution, the Charter of the City of Huntington Beach, the Ralph M. Brown Act (Gov. Code § 54950 et seq.), including Government Code Section 54957.9 and SB 707, to establish reasonable regulations governing public participation, meeting decorum, remote participation, and procedures necessary to address disruptive conduct and technology disruptions occurring during public meetings. (b) Purpose. This Chapter establishes uniform procedures for addressing disruptive behavior by members of the public in both in-person and remote meeting environments and is intended to (i) preserve the ability of the legislative body to conduct its business in an orderly manner; (ii)protect the rights of all members of the public to observe and participate in meetings without unreasonable interference; and (iii)ensure that any limitations on public participation are content-neutral, narrowly tailored, and consistent with applicable law. 2.102.030 Applicability (a) Applicability. This Chapter applies to all public meetings of any legislative body of the City of Huntington Beach. (b) Scope. This Chapter governs the conduct of members of the public attending or participating in such meetings, whether physically present or participating through remote access services, and further governs the procedures and responsibilities of City officials, staff, and agents in administering, enforcing, and complying with applicable laws governing public • meetings. The scope is intended to codify requirements that members of the public comply with the reasonable time, place, and manner procedures established by this Chapter for the orderly conduct of meetings; however, the scope will be applied in a manner that doesn't limit the right to provide public comment in violation of applicable law. (c) Consistency with Other Laws. This Chapter shall be interpreted consistent with the City Charter, Brown Act, including Government Code Section 54957.9, SB 707, and applicable constitutional protections. In the event of any conflict between this Chapter and any rules of procedure adopted by a board, conunission, or committee of the City, the provisions of this Chapter shall control to the extent necessary to ensure compliance with the Brown Act and applicable constitutional requirements. 2.102.040 Standard of Conduct. (a) Decorum Standards, Disruptive Conduct Prohibited. All persons participating in a City Council meeting, or meeting of any other legislative body, 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. Any person who engages in behavior that is disruptive, meaning actually -412142/26-17850 2 988 ORDINANCE NO. 4349 disrupts, disturbs, or otherwise impedes the orderly conduct of any applicable meeting may result in further enforcement action such as being barred from further participation or restricted participation during the remainder of that meeting or removal. Disruptive behavior is behavior that actually interferes with the orderly conduct of the meeting or the ability of the legislative body to conduct its business, or the ability of the public to observe or participate. (b) Remote Participation. For meetings in which remote participation is available, members of the public may observe and address the legislative body through the designated telephonic or audiovisual platform as set forth by Resolution. Persons participating in any applicable meeting from a remote location shall conduct themselves in accordance with the same decorum standards required of all in-person participants, and as set forth in existing law and this Chapter. Any remote participant who engages in behavior that is disruptive, meaning actually disrupts, disturbs, or otherwise impedes the orderly conduct of any applicable meeting may result in further enforcement action such as being barred from further participation or restricted participation during the remainder of that meeting or removal. Disruptive behavior is behavior that actually interferes with the orderly conduct of the meeting or the ability of the legislative body to conduct its business,or the ability of the public to observe or participate. (c) Examples of Disruptive Behavior. Examples of behavior that can actually interfere (i.e. disrupt, disturb, or otherwise impede) with the orderly conduct of the meeting, the ability of the legislative body to conduct its business, or the ability of the public to observe or participate include, but are not limited to, the following objective-based actions which, shall apply to both in-person and remote participation, to the extent such conduct can occur in the applicable setting: (l) Speaking Without Recognition/Outside Designated Procedures. Addressing the legislative body without being recognized, speaking at a time not designated for public comment, or otherwise failing to follow established procedures for public participation. (2) Exceeding or Refusing to Yield Time. Continuing to speak after the allotted time has expired or refusing to relinquish the podium, microphone, or speaking opportunity when directed. (3) Interrupting or Interfering with Speakers. Interrupting, speaking over, or otherwise interfering with a recognized speaker, or preventing a person from addressing the legislative body during their allotted time. (4) Improper Direction of Remarks. Directing remarks to the audience rather than to the legislative body or attempting to engage in dialogue with others outside the recognized speaking process. (5) Disruptive Vocal Conduct. Making sustained or repeated noise, including yelling, shouting, chanting, or using loud, threatening, or abusive language, that interferes with the ability to hear or conduct the meeting. -412142126-17850 3 989 ORDINANCE NO. 4349 • (6) Threatening or Intimidating Conduct. Making statements that constitute a true threat of violence or engaging in conduct that would cause a reasonable person to fear for their safety and that interferes with participation in the meeting. (7) Physical Disruption. Engaging in physical conduct that interferes with the meeting, including throwing objects, blocking aisles or exits, or entering restricted areas such as the dais or staff areas without authorization. (8) Failure to Comply with Lawful Direction. Refusing to comply with a lawful directive issued by the Mayor, City Clerk, or authorized staff to maintain order, including directions related to speaking order, time limits, or use of meeting facilities or remote platform features. (9) Obstructive Use of Objects, Displays, or Attire. Using signs, banners, costumes, masks, or other items in a manner that blocks the view of others, obstructs cameras or recording equipment, or otherwise interferes with the conduct of the meeting. (10) Improper Use of Devices, Equipment, or Platform Features. Using amplification devices, alarms, lighting, or electronic equipment, or misusing remote platform features such as chat, video, reactions, or screen sharing, in a manner that produces sound or visual interference that disrupts the meeting. (11) Unmuted or Remote Interference. Failing to mute audio when not recognized to speak or otherwise creating background noise or technical interference that disrupts the proceedings. (12) Bypassing Speaker Procedures. Repeatedly attempting to speak, re-enter the speaker queue,or otherwise circumvent established procedures for public comment. (13) Disruptive Expressive Conduct. Clapping, whistling, stomping, sign waving, or similar expressive conduct that becomes sustained or amplified to the extent that it interferes with the orderly conduct of the meeting. (14) Conduct Preventing Orderly Continuation. Engaging in conduct that prevents the legislative body from proceeding with its agenda or otherwise actually interferes with the public's ability to hear, observe, or participate in the meeting. (d) Clarifying Standard. The following examples do not constitute disruptive behavior, standing alone: (i) expressing criticism of the City, Councilmembers, or staff; (ii) expressing offensive, harsh, or unpopular viewpoints; or (iii) expressive conduct, including clapping, brief vocal reactions, or silent protest, that does not actually disrupt the meeting. -412142/26-17850 4 990 ORDINANCE NO. 4349 2.102.050 Prohibited Conduct. The following are some examples of prohibited conduct: (a) Continued Disruptive Conduct/Behavior. Continuing to engage in behavior that actually interferes (i.e. disrupts, disturbs, or otherwise impedes) the orderly conduct of a City Council meeting after receiving a warning at that meeting. (b) Refusal to Leave. Refusing to leave the Council Chambers after being removed by the Mayor or Presiding Officer from the meeting. (c) Attempt to Return. Returning to the Council Chambers before the conclusion of a City Council meeting after being removed or barred from further participation from the remainder of that meeting. (d) Attempt to Rejoin Remotely. Rejoining or attempting to rejoin a meeting through a remote platform after being removed or barred from further participation for the remainder of that meeting. 2.102.060 Enforcement of Audience Decorum. (a) Enforcement of Decorum. The rules of audience decorum set forth in this Chapter shall be enforced in a progressive, content-neutral manner designed to restore and maintain the orderly conduct of the meeting using the least restrictive means necessary. Except where immediate action is warranted, enforcement shall generally proceed through a sequence of steps, including a clear warning to desist, a directive to comply, and, if necessary, further enforcement action such as restriction of participation, removal, or barring a person from further participation during the meeting. (b) Generally. When feasible, a warning shall identify the specific conduct at issue, state that the conduct is disrupting the meeting, and direct the individual to cease the conduct and comply with meeting rules. The individual shall be provided with a reasonable opportunity to comply before further enforcement action is taken. (I) Enforcement actions under this Section shall be based on conduct and not on the content or viewpoint of a person's speech. (2) Nothing in this Section shall be construed to limit the authority of the Mayor or other presiding officer to take immediate action where necessary to protect public safety or ensure the orderly conduct of the meeting. (c) Enforcement Procedure - In-Person Decorum. The rules of conduct for in-person attendance at meetings of the City Council, and any other applicable legislative body, shall be enforced in the following manner: -412142/26-17850 5 991 ORDINANCE NO. 4349 (1) Warning to Desist. Whenever practicable, the Mayor or other presiding officer, shall first give a warning to a person to stop the conduct that is actually disrupting, disturbing, or otherwise impeding the orderly conduct of the meeting. The warning shall, where feasible, identify the specific conduct, state that the conduct is disrupting the meeting, and direct the individual to immediately cease the conduct. The warning may also include notice that failure to comply may result in removal. A warning shall not be required where it would be ineffective due to extraordinary circumstances, including but not limited to situations in which a warning would be difficult to hear over the disturbance, situations involving an immediate threat to public safety, or situations involving a person who, after being warned during that meeting, again engages in disruptive conduct. (2) Directive to Comply. The individual shall be provided a reasonable opportunity to comply. If, after receiving a warning or direction from the Mayor or other presiding officer, the person persists in violating the rules of decorum, the presiding officer may again direct the person to cease such conduct. (3) Order Barring Person from Further Attendance During the Meeting. The Mayor, the presiding officer, may issue an order removing a person from the remainder of the meeting if that person, after being warned at that meeting, again engages in conduct that actually disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting. The basis for the order, including the warning provided and the continued disruptive conduct, shall be stated on the record. Such an order may also be issued without a prior warning where extraordinary circumstances exist such as (i)a true threat of violence; (ii)an immediate risk to public safety; or (iii) the conduct is so severely disruptive that a warning would be ineffective. (4) Removal. If a person barred from the remainder of the meeting does not voluntarily leave the meeting room, the Mayor, the presiding officer, may direct the Sergeant-at- Arms or law enforcement personnel to remove that person from the meeting room and exclude that person for the remainder of the meeting. Removal shall be limited to the individual or individuals responsible for the disruption. (5) Recess. The Mayor or presiding officer may order a recess at any time for the purpose of restoring order. The duration of the recess shall be limited to the amount of time reasonably necessary under the circumstances to address the disruption and restore the orderly conduct of the meeting. If, upon resumption of the meeting, the disruptive conduct continues, the Mayor or presiding officer may take further enforcement action in accordance with this Chapter, including directing the removal of individuals engaged in disruptive conduct or, if necessary, invoking the procedures set forth in Government Code Section 54957.9 to clear the meeting room. Nothing in this Section shall be construed to limit the authority of the Mayor or presiding officer to take immediate action where necessary to protect public safety or ensure the orderly conduct of the meeting. (6) Clearing the Room. Pursuant to Government Code Section 54957.9, if a meeting is interrupted so as to render the orderly conduct of the meeting infeasible and order cannot be restored by removal of the individuals responsible, the City Council, or other applicable legislative body, may order the meeting room cleared and continue in session. Prior to -412142/26-17850 6 992 ORDINANCE NO. 4349 clearing the room, the Mayor or other presiding officer shall state on the record that: "The Disruption is preventing the orderly conduct of the meeting and less restrictive measures, including individual removal, have been ineffective or are impracticable.". The order shall apply only to the extent necessary and shall not apply to members of the press or media not participating in the disturbance. Following clearance, the legislative body may continue the meeting and may, in its discretion, permit readmission of individuals upon a determination that such individuals will comply with the rules of decorum. To the extent feasible, the City shall maintain audio or video broadcast of the meeting during any cleared session. (7) Documentation. The City Clerk or designee shall document in the meeting record the nature of the disruptive conduct, any warnings given, the individual's response, and the enforcement action taken. (d) Enforcement Procedure - Remote Decorum. The rules of conduct for remote attendance and participation at meetings of the City Council, and any other applicable legislative body, shall be enforced in the following manner: (1) Warning to Desist. Whenever practicable, the Mayor, the presiding officer, or authorized staff shall first give a warning to a remote participant whose conduct is actually disrupting, disturbing, or otherwise impeding the orderly conduct of the meeting. The warning shall, where feasible, identify the participant by name or other identifier, describe the specific disruptive conduct, state that the conduct is interfering with the meeting, and direct the participant to cease the conduct. The warning may be delivered verbally or through available platform tools. A warning shall not be required where it would be ineffective due to extraordinary circumstances, including but not limited to situations involving an immediate threat to public safety or conduct so disruptive that immediate action is necessary to restore order. (2) Directive to Comply. The participant shall be provided a reasonable opportunity to comply, and staff may assist where feasible; if, after receiving a warning or direction, the participant persists in violating the rules of decorum, the Mayor, the presiding officer, or authorized staff may direct the participant to cease such conduct and may take reasonable steps to ensure compliance. (3) Restriction of Participation Features. If the participant continues to engage in disruptive conduct, the Mayor, the presiding officer, or authorized staff may mute the participant, disable video, restrict chat or other platform features, remove screen-sharing privileges, place the participant in listen-only mode, or impose other reasonable restrictions necessary to restore order. To the extent feasible, less restrictive measures shall be used before removal, including muting the participant, disabling video, restricting chat, or placing the participant in listen-only mode. (4) Removal from Remote Platform. If a participant barred from further participation continues to interfere with the meeting or circumvents platform restrictions, the Mayor, the presiding officer, may remove that participant from the remote platform for the remainder of the meeting. -412142/26-17850 7 993 ORDINANCE NO. 4349 (5) Recess. The Mayor or presiding officer may order a temporary recess at any time for the purpose of restoring order in response to disruptive conduct by one or more remote participants. The duration of the recess shall be limited to the amount of time reasonably necessary under the circumstances to address the disruption and restore the orderly conduct of the meeting. During the recess, the Mayor, presiding officer, or authorized staff may take reasonable steps to address the disruptive conduct, including issuing warnings, muting participants, restricting participation features, or removing participants in accordance with this Chapter. If, upon resumption of the meeting, the disruptive conduct continues, the Mayor or presiding officer may take further enforcement action, including barring the participant from further participation or removing the participant from the remote platform for the remainder of the meeting. Nothing in this Section shall be construed to limit the authority of the Mayor or presiding officer to take immediate action where necessary to protect public safety or ensure the orderly conduct of the meeting. (6) Continued Observation Where Practicable. Removal from active remote participation shall not require complete exclusion from observing the meeting. (7) Documentation. The City Clerk or designee shall document in the meeting record the nature of the disruptive conduct, any warnings given, the participant's response, and the enforcement action taken. (e) Technology Disruptions Affecting Remote Participation. Nothing in this Section authorizes the City to continue a meeting in a manner inconsistent with the Brown Act or SB 707 if a broader disruption of telephonic or internet service affects remote public access generally. Any such disruption affecting remote access, connectivity, or the availability of telephonic or internet-based participation shall be governed by the City's Technology Disruption Policy as adopted by Resolution. (0 Motion to Enforce. Any member of the City Council may request enforcement of the rules of decorum set forth in this Chapter. The Mayor or presiding officer shall determine the appropriate enforcement action consistent with this Chapter. In the event the Mayor or presiding officer fails to act, a member of the City Council may make a motion to enforce the rules of decorum, including a motion to issue a warning, direct compliance, restrict participation, or remove a person from the meeting. Such motion shall be decided by a majority vote of the City Council. (g) Sergeant-At-Arms. The Chief of Police for the Huntington Beach Police Department (HBPD) shall assign one or more Sergeant-at-Arms to all meetings of the City Council. The Chief of Police, or his or her designee, shall carry out all lawful orders and directions given by the presiding officer, or their designee (with consultation with the City Manager and City Attorney as needed) for the purpose of maintaining order and decorum at meetings. The Sergeant-at-Arms is authorized to warn individuals whose conduct violates this Chapter, request compliance with lawful directives, and, when directed by the presiding officer, or his or her designee, remove any person from the meeting room who has been barred from further attendance or who otherwise engages in unlawful or disruptive conduct. Nothing in this -412142/26-17850 8 994 ORDINANCE NO. 4349 Section shall be construed to limit the authority of law enforcement personnel to take immediate action where necessary to protect public safety or enforce applicable laws. (h) Remote Decorum Enforcement Authority. For meetings in which remote participation is available, the City Clerk, Information Technology staff, or other authorized City personnel shall administer and enforce the rules of decorum applicable to remote participation. Such personnel are authorized to carry out lawful directions of the Mayor, the presiding officer, or a majority of the City Council for the purpose of maintaining order, including issuing warnings, managing speaker queues, muting participants, restricting participation features, and removing participants from the remote platform in accordance with this Chapter. 2.102.070 Violation—Penalty. (a) Violations of this Chapter shall constitute a misdemeanor punishable as set forth in Chapter 1.16 of the Huntington Beach Municipal Code. (b) Any person who willfully disrupts a public meeting so as to render the orderly conduct of the meeting infeasible may be subject to enforcement under California Penal Code Section 403. Referral for enforcement may be made where the disruption is intentional and substantial, the individual refuses to comply with lawful directives, the conduct prevents the legislative body from continuing its business, or the conduct poses a risk to public safety. Nothing in this Chapter shall be construed to limit the authority of the Huntington Beach Police Department to take appropriate action consistent with applicable law. 2.102.080 Severability. If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. -412142/26-17850 9 995 ORDINANCE NO. 4349 SECTION 2. This ordinance shall become effective 30 days after its adoption. I'ASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2026. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney P.1/ INITIATED REVIEWED AND APPROVED: City Manager -412142/26-17850 1 0 996 \-\\ aTING7-04/c ,, oRpoRA , ‘)•' _ • SB 707 : Brown Ac • c� ___ _ __ _• ,,,,,! ( �l J1J�ii�t ,, Modernization ___________„. _ ___..„.4......._____,_____ ==- - _- City of Huntington Beach Compliance 7•••• AFB Pp �•• May 19, 2026 . ,sc 17, 19o , C.614 DIVT`! \\\ U 997 Table of Contents • Introduction • Updated Regulations • Remote Participation • Managing Disruptions • Social Media • Compensation Reporting • Accessibility • Language and Outreach • Policy Adoption • Resolution No. 2026-17: Technology Disruption 1i��NTINGT • Ordinance No. 4349: Public Participation & r�o�c =,�GflRPORgrfa��'�F\\ Disruptive Behavior •9= \92 Ff_. r • COUNTY O;\',11 998 11N U G i0* . ,,,,\:kPORAre ) \\,v .%) 465(„<„:0„.., % �� , u;,, i r( i• � -� Y -g- I n t ro d u ct i o n, . ...._____ _______ ___ ___ . .- . .,..__ :(4,,,, . 1te. 7,17, 19W , •• C°0NTN ,P 999 Intent of SB 707 Modernization of the Brown Act prioritizes • digital accessibility • evolved teleconferencing rules • language access Full implementation required before July 1 , 2026. AB 361 (2020) Interim SB 707 (2025) �NTINGr0 Pandemic-era City of Huntington Updates rules through o��:-N,„O90R4reo ;1e;, flexibility for remote Beach opted out of 2030. __=.. '�.�.7 meetings without remote meetings. physical locations. (December 2022) �• rte; • 1. 4w9..: Q �' (Expired) F''" :::::: ' ,°C. COUNTY Cps 1000 Eligibility Eligible Legislative Body - City Council in a city with a population of 30,000 or more in a county with a population of more than 600,000. Huntington Beach City Council qualifies as an "Eligible Legislative Body." Eligible Legislative Body City of Huntington Beach Population >30,000 Population 196,000 fd�NTINGI $I.���••��4i1P0RAleP'44, o< _ i • 1 • =vie ists. 00 couNTYI�c,1 1001 Training & Distribution Full copy of the Brown Act provided to all elected and appointed members. • Materials will be distributed when onboarding new officials and following any legislative updates for existing members. \UNT I NGTQ O�•��.���OPPORA a\\•\\• V -57 Sc)) -y 9 ,:4 \<< 07 f,ea O cFCouNT`l O‘ 1002 Updated Regulations • Remote Participation • Social Media • Compensation Reporting • Managing Disruptions — Meeting Decorum • Digital Accessibility • Language • Outreach 0 NGr '•S O�s t•'N�JRPORgre., /i��//6, \\ • Ok- UNP? r/ 1003 Remote Participation - Member Remote participation allowed for City Council Members as a "reasonable accommodation". • Disability/ADA • Just Cause - childcare or caregiving, military service • Emergency Circumstances - contagious illness • Remote participation due to disability counts toward quorum. • Audio and video participation unless disability prohibits video use. Disclosures ,doTING7-_ • Disclosure at roll call and update as needed. �, o�.,•,,t5RP°RAreo•••/A • Disclose anyone over the age of 18 present in the room and 1, relationship. • Max Remote Uses/Year = 5 per member. ;e::„; c; '` 1004 Remote Participation : Two-Way Public Access The City must provide live two-way telephonic or audiovisual access. • Zoom Webinar for public participation will start June 2026. • Accessibility Standards - Dial-in numbers and meeting links must be clearly posted on the agenda and tested prior to start to ensure barrier-free access. ,�'�NTINcr tc2„-i7:-. 1 .17'cl io$ �c.,.•\NcaavoaA7 ,.�• .• City Council must adopt a policy for technological disruptions. • Resolution No. 2026-17 proposed for adoption this evening. • rir ..,�"_L. 1005 ManagingDisruptions - Technology Technology Disruption Mandatory Pause If remote access service fails, the City Council must recess while staff restores the connection. Public Notification Staff must immediately post real-time status updates on the meeting webpage and announce the delay on all available social channels. Physical Access The physical meeting room must remain open and accessible to the public during the entire recess period. The "Public Interest If remote service is not restored after 1 hour, the City Council may Finding" make a formal finding that the "public interest in continuing the meeting outweighs the lack of remote access." Roll Call Requirement This finding must be adopted by a recorded roll call vote before any further business occurs. Record Keeping Record the finding verbatim in the minutes and post notice on the meeting recap page. eo11NTy cP ,1 1006 ManagingDisruptions - Decorum Update meeting disruption procedures for remote participants. • Opportunity to implement broader decorum and participation policy Authority to Remove Clarifies statutory authority to remove disruptive remote participants to maintain the orderly conduct of the meeting. The Warning Rule Issue a specific warning before muting or disconnecting a disruptive user. Neutral Application Establish clear conduct rules (e.g., time limits, profanity) and apply them neutrally to all speakers. ig'`OT INGToti % COUNT`l c# 1007 Social Media and Compensation Reporting Social Media Sunset Removed Social media interaction rules (AB 992) are now permanent Permitted Officials MAY engage with the public's posts on City Engagement matters (e.g., answering questions on a resident's post). Strict Prohibition Officials CANNOT respond to, like, share, or repost other City Council Members' content on the same topic to avoid "serial meetings." Compensation Reporting Open Session Report An oral report must be made in open session before rrr�NTING \ i A taking final action on compensation. <'`�••••••~••••~DY� •N�OitPORAIf�`••• V�Ilk Expanded Scope Requirement now applies to all "department heads" I : -c‘ c' (previously only required for executives such as the City "_ Manager). .$ 1T I. $ Required Details The verbal report will include the position title, a summary N•','\ S k O of compensation elements, and any contract changes. ; OUNTY �rr/ 1008 Accessibility Agenda Request System • A system must be in place for electronically accepting and fulfilling requests for agendas and meeting documents. • City is compliant with a direct link from the City's homepage to the City Council agendas. Webpage • Dedicated Webpage - Maintain a specific "Public Meetings" web page.e. The interface and agenda page itself must be �' ��NT�rvcTo pg g pg <I � ••O`•..• � PPORgrfD....r translated into applicable languages. ++� `�`�`` pp -_: ow • Content Standards - Dial-in/AV instructions. % _ zgs U ' 1 +� ��V L.S.Z... 14' mod\<•Q ' (/NT`l -.�.�af, 1009 Language and Outreach Language Access • 20% threshold for translation of agendas into applicable languages, when non-English language(s) spoken by at least 20% of residents, when at least 20% of those residents also report speaking English "less than very well." • Make a publicly accessible space for the public to post translated agendas. Outreach oTINsro � 0RAtto • Must make reasonable efforts of outreach to underrepresented and non-English speaking communities. �cn F oil F•' •NN..N•'f O %NMI CPS 1010 ( 011INGT 41:6:orr..., . -•'��c°RP °R`� Teo••�. ,,,nil, or � �,�r� r/rl!/(', % /' ,r �r,�jl ��rr tip. ' •....._. .... ......,_ .... gczt- PolicyAdoption,... , )„,/, , , .. . ..., . ,.., „...... ..„ ........... .. __ �--- 4 ..... -_ ,... ......„. ... _ __. � . , . ;• , �.� '. l �, 1 gig , • 4 V NTN ) ' 4. 1011 PolicyAdoption Policies must be adopted in open session at a noticed public meeting and not placed on the Consent Calendar. Recommended Action • Adopt Resolution No. 2026- 17 Technology Disruption During Public Comments _ l� ��NT I N G ro ` �•�'• - by • � cam= — a, ... •�x Approve for introduction Ordinance No. 4349 Public �_� _ 4 13 Participation and Disruptive Behavior \� ' '•••�.:;9 ,� 4y ':••JQ`��I CUNT`? i 1012 .4s= ''tom'`=' Questions ? ..,.. t , t..._,, . , ,.„ ,, ,-. - , - ;,,,,,j..„. .,„,...„,„ 1, " ' _ ii ..... .., .. _..,,,,,,.„, ,,,, ,,,‘,,, , ,,-4 - cri,---,-.....ii,.,,..-,...- ,...,......----__!_,:•-....---:, •, .. 1 : • .. ,., i.... , _.. ...• \I , ....,—.....„....,_1,„--.... i• . .,c. ...-- .. • • ,.1 _ ..._„..„_ ,... ,,, i.... ...e.„.._ , _ ..-- .„ 11 .,_ • . ,_........ ,..,..„ .; _ ,.z.....„.: , . . , _ .., . .. __ . , . ...i ., , f - ,1}t 7 ' � fh ,1 ` .. ..`� C +r'' J r'\ *Yt ""!..-_,..'44*-f • , ,y.:4 1013