Agenda Item # 1.B.7.
Total Estimated Budget $1,264,388 Total Project Estimate $1,264,388 On May 11, 2026, City Council authorized the Mayor to execute the Fulfillment Agreement for Unprogrammed Surface Transportation Program – Local (STP-L) in the amount of $264,388; Proposition C in the amount of $32,126 and Surface Transportation Program – Local in the amount of $232,262.
The addition of these additional funds and the City’s annual allocation of Road Maintenance and Rehabilitation funds for Fiscal Year 2026-27, staff is able to balance the funding and eliminate the use of General Fund monies leaving sufficient funding to complete the bidding and construction phases of this project.
STRATEGIC PLAN IMPLEMENTATION: N/A.
DISCUSSION: On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, to address statewide transportation funding shortfalls. SB 1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees into the RMRA. A portion of the RMRA funds are distributed monthly to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems. In Fiscal Year 2026-2027, the City of Malibu is estimated to receive $301,236 from the RMRA.
SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Eligibility for RMRA funding is established each year with the City Council adoption of a resolution approving the list of projects to receive RMRA funding. Staff recommends that the funding be applied towards the 2026 Annual Street Maintenance Project, which is included in the Proposed Budget for Fiscal Year 2026-2027.
This project consists of the following streets.
• Grayfox Street from Dume Drive to Grasswood Avenue
• Grayfox Street from Grasswood Avenue to Fernhill Drive • Boniface Drive from Portshead Road to Fernhill Drive
• Portshead Road from Boniface Drive to Selfridge Drive • Portshead Road from Selfridge Drive to Zumierz Drive
• Wildlife Road from Selfridge Drive to Zumierz Drive
• Wildlife Road from Fernhill Drive to Selfridge Drive
• Selfridge Drive from 1,000 feet east of Portshead Road to Wildlife Road • Selfridge Drive from Portshead Road to 1,000 feet east of Portshead Road To meet the SB 1 funding requirements for Fiscal Year 2026-2027, staff recommends Council adopt Resolution No. 26-26 approving the project list for RMRA funding. The 2
Agenda Item # 1.B.7.
proposed action is limited to approval of the Fiscal Year 2026-27 SB 1 project list and associated funding allocation for roadway maintenance and rehabilitation activities and does not authorize construction activities or physical improvements. Therefore, the action is not a project within the meaning of CEQA pursuant to CEQA guidelines because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The adopted resolution will be submitted to the California Transportation Commission.
ATTACHMENTS: Resolution 26-26
3 RESOLUTION NO. 26-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING THE FISCAL YEAR 2026-2027 PROJECT LIST FOR SENATE BILL 1 (ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017) ROAD
MAINTENANCE AND REHABILITATION ACCOUNT FUNDING AND
FINDING THE ACTION IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide.
B. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.
C. The City must approve by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.
D. The City will receive an estimated $301,236 in RMRA funding in Fiscal Year (FY) 2026-2027 from SB 1.
E. This is the tenth year in which the City is receiving SB 1 funding which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increase access and mobility options for the traveling public that would not have otherwise been possible without SB 1.
F. The City has undergone a robust public process to ensure public input into the City’s Capital Improvement Plan, Pavement Management Plan and transportation priorities.
G. The City used a Pavement Management System to develop the SB 1 Project List to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment.
H. The funding from SB 1 will help the City maintain and rehabilitate City streets in FY 2026-2027 and in future years.
I. The 2023 California Statewide Local Streets and Roads Needs Assessment found Attachment 1
4 Resolution No. 26-26
_____________________
that the City streets and roads are in a “At Risk” condition and this revenue will help increase the overall quality of our road system and over the next decade will bring our streets and roads into a “Good” condition.
J. The SB 1 Project List and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
SECTION 2. The City Council hereby approves the SB 1 Project List provided in Attachment A for FY 2026-2027 RMRA Funds.
SECTION 3. California Environmental Quality Act
The City Council finds that adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378 because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
5 Resolution No. 26-26
_____________________
ATTACHMENT A
Project List for FY 2026-2027 RMRA Funds
New or
Previously
Proposed
Project?
Proposed
Project
Project Type Project
Description
Project
Location
Estimated
Project
Schedule
Estimated
Useful
Life
Additional
Project
Elements
Re-listed 2024 Annual
Street
Maintenance
Road
Maintenance
and
Rehabilitation
This project
consists of
the
rubberized
asphalt
overlay.
Big Rock
Drive and
Tuna
Canyon
Road
FY 2029-
2030
20-30
years
Sustainability:
This project
proposes the
application of
asphalt rubber
hot mix overlay
which is made
of recycled
tires that would
otherwise end
up the landfill.
Complete
Streets: The
reconstruction
and
maintenance of
City streets
improves safety
for all users.
Re-list 2025 Annual
Street
Maintenance
Road
Maintenance
and
Rehabilitation
This project
consists of
asphalt
overlay on
Grayfox St.,
Boniface Dr.,
Portshead
Rd., and
Wildlife Rd
between
Zumirez Dr.
and Selfridge
Dr. and
Puerco Cyn
Rd from PCH
to end.
Slurry seal
Grayfox St.,
Boniface
Dr.,
Portshead
Rd.,
Wildlife
Rd.,
Heathercliff
Rd.
Wandermere
Rd.,
Selfridge
Dr., Puerco
Canyon Rd.
2026-2027 20-30
years
Sustainability:
This project
proposes the
application of
asphalt rubber
hot mix overlay
which is made
of recycled
tires that would
otherwise end
up the landfill.
Complete
Streets: The
reconstruction
and
maintenance of
6 Resolution No. 26-26
_____________________
will be
applied on
Heathercliff
Rd. between
PCH and
dead end,
Wandermere
Rd from
Heathercliff
Rd to
Larkspur Ln.,
Selfridge
Rd., between
Portshead Rd
and Wildlife
Rd., Wildlife
Rd. between
Selfridge Rd.
and Fernhill
Dr.
City streets
improves safety
for all users.
7
Agenda Item # 1.B.8.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Nathaniel McLean, Assistant Engineer
Reviewed by: Tatiana Holden, Interim Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: April 28, 2026 Meeting date: May 26, 2026 Subject: Cooperative Agreement with the State of California for the Pedestrian Undercrossing at Malibu Seafood Project
RECOMMENDED ACTION: Authorize the Mayor to execute the Cooperative Agreement with the State of California (Caltrans) in the amount of $260,000 for providing quality assurance and oversight services for the development of the Project Initiation Documents (PID) phase of the Pedestrian Undercrossing at Malibu Seafood Project.
FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2025-26 in Account No. Account No. 310-9114- 5100 (PCH Pedestrian Undercrossing at Malibu Seafood).
Project Estimate Project Funding
Cooperative Agreement $260,000 Metro Measure M $2,250,000 Design $740,000
Construction $1,250,000
Total $2,250,000 Total $2,250,000
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025 – 2028 Strategic Plan Goal 4: Improve Public Safety and Objective 4.1 Reduce injury and fatal collisions on Pacific Coast Highway (PCH).
DISCUSSION: This project was identified in the 2015 PCH Safety Study to improve safety for pedestrians crossing PCH. The 2015 PCH Safety Study states that many pedestrians City Council Meeting
05-26-26
Item
1.B.8.
Agenda Item # 1.B.8.
currently cross PCH in this area to access the beach, which presents an extremely dangerous condition.
The project consists of constructing a new pedestrian undercrossing that would connect Corral Beach that is located along PCH and is situated across from Malibu Seafood to the Sara Wan trailhead located next to Malibu Seafood. The project also seeks to accommodate ADA access and install lighting within the pedestrian undercrossing to improve visibility.
On February 26, 2024, Council authorized the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Pedestrian Undercrossing at Malibu Seafood Project, which provided $2.25 million in Measure M funds to be used towards the project.
On May 12, 2025, Council authorized the Mayor to execute a Professional Services Agreement with MNS Engineers, Inc. in an amount not to exceed $587,556 for engineering design services for the project.
MNS Engineers has completed a feasibility study evaluating pedestrian crossing alternatives based on existing site conditions, traffic operations, safety, constructability, and the project’s purpose and need. The findings indicate that multiple alternatives could satisfy the project’s goals. Based on this determination, the next step is to initiate the Caltrans Quality Management Assessment Process (QMAP) through commencement of the Cooperative Agreement for the development of the Project Initiation Documents (PID).
This Cooperative Agreement is for the first phase of the project and includes Caltrans quality assurance and oversight services for the development of the Project Initiation Documents (PID). Since this project is a locally-sponsored project on the state highway system and the construction cost is in excess of $3 million, Caltrans is required to review and approve the project’s PID. The PID identifies the project’s need and purpose, stakeholder input, project alternatives, anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources. The PID phase is when Caltrans provides continuous involvement in the development of the project. This ensures that the City and designer are clear regarding the design and approval approach with Caltrans during project development. Caltrans oversight includes active participation in project development team meetings, and Caltrans staff to be assigned to the project that can be contacted at any time to assist in resolving any project issues that may arise. For a project of this complexity and size, Caltrans is allowed to be reimbursed by way of a Cooperative Agreement for the time their staff spend working on the project. Caltrans estimates that it will cost about $260,000 for their staff to perform this work.
Agenda Item # 1.B.8.
Staff recommends that the City Council authorize the Mayor to execute the first Cooperative Agreement with Caltrans for the Pedestrian Undercrossing at Malibu Seafood Project.
ATTACHMENTS: Cooperative Agreement with Caltrans
Agreement No. 07-5359
Project No.: 0726000121
EA: 07-1A570
07-LA-1-49.7/50.4
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COOPERATIVE AGREEMENT COVER SHEET
Work Description
THE CONSTRUCTION OF A PEDESTRIAN CROSSING AT CORRAL CREEK ALONG PACIFIC COAST HIGHWAY (SR-1), BETWEEN THE BEACH AND
STATE PARK TRAILHEAD ADJACENT TO MALIBU SEAFOOD, LOCATED IN LOS ANGELES COUNTY, BETWEEN POSTMILE 49.7 AND 50.4
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Khanh Nguyen, Project Manager
100 S. Main Street
Los Angeles, CA 90012
Office Phone: (213) 269-1202
Email: [email protected]
CITY OF MALIBU
Tatiana Holden, Assistant Public Works Director
23825 Stuart Ranch Road
Malibu, CA 9065
Office Phone: (310) 456-2489 Ext. 338
Email: [email protected]
Attachment 1
Agreement No. 07-5359
Project No.: 0726000121
EA: 07-1A570
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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ...........................................................................1 Work Description ............................................................................................................................1 Contact Information ....................................................................................................................... 1 CALTRANS ............................................................................................................................... 1 CITY OF MALIBU .................................................................................................................... 1 COOPERATIVE AGREEMENT ....................................................................................................... 4 RECITALS ......................................................................................................................................... 4 RESPONSIBILITIES ......................................................................................................................... 5 Sponsorship .................................................................................................................................... 5 Implementing Agency .................................................................................................................... 6 Funding ........................................................................................................................................... 7 CALTRANS' Quality Management ................................................................................................ 7 Project Initiation Document (PID) ................................................................................................. 8 Additional Provisions ................................................................................................................... 10 Standards .................................................................................................................................. 10 Noncompliant Work ................................................................................................................. 10 Qualifications ........................................................................................................................... 10 Consultant Selection................................................................................................................. 11 Encroachment Permits.............................................................................................................. 11 Protected Resources ................................................................................................................. 11 Disclosures ............................................................................................................................... 11 Hazardous Materials ................................................................................................................. 12 Claims ....................................................................................................................................... 12 Accounting and Audits ............................................................................................................. 13 Interruption of Work .................................................................................................................13 Penalties, Judgments and Settlements ...................................................................................... 13 GENERAL CONDITIONS .............................................................................................................. 14 Agreement No. 07-5359
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Venue ............................................................................................................................................14 Exemptions...................................................................................................................................14 Indemnification ............................................................................................................................14 Non-parties ...................................................................................................................................15 Ambiguity and Performance ........................................................................................................15 Defaults ........................................................................................................................................16 Dispute Resolution .......................................................................................................................16 Prevailing Wage............................................................................................................................16 REIMBURSEMENT SUMMARY ..................................................................................................18 Funding.........................................................................................................................................19 Invoicing and Payment.................................................................................................................19 Project Initiation Document (PID) ...........................................................................................19 SIGNATURES..................................................................................................................................20 Agreement No. 07-5359
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Malibu, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130 and California Government Code, Section 65086.5.
2. For the purpose of this AGREEMENT, the construction of a pedestrian crossing at Corral Creek along Pacific Coast Highway (SR-1), between the beach and state park trailhead adjacent to Malibu Seafood, located in Los Angeles County, between postmile
49.7and 50.4, will be referred to hereinafter as PROJECT. CITY desires that a Project Initiation Document (PID) be developed for the PROJECT. The Project Initiation Document will be a Project Study Report-Project Development Support (PSR-PDS).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
PROJECT INITIATION DOCUMENT (PID)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
AGREEMENT will terminate 180 days after PID is signed by PARTIES or as mutually agreed by PARTIES in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement.
5. No PROJECT deliverables have been completed prior to this AGREEMENT.
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing Agreement No. 07-5359
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additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.
CITY is the Project Initiation Document (PID) IMPLEMENTING AGENCY.
The PID identifies the PROJECT need and purpose, stakeholder input, project alternatives, anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources.
11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
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Funding
13. CITY is the only PARTY committing funds in this AGREEMENT and will fund the cost of the WORK in accordance with this AGREEMENT.
If, in the future, CALTRANS is allocated state funds and Personnel Years (PYs) for PID review or development of this PROJECT, PARTIES will agree to amend this AGREEMENT to change the reimbursement arrangement for PID review.
14. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT.
15. Unless otherwise documented in the Reimbursement Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
16. Unless otherwise documented in the Reimbursement Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Reimbursement Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.
CALTRANS' Quality Management
18. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
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19. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
21. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
Project Initiation Document (PID)
22. As the PID IMPLEMENTING AGENCY, CITY is responsible for all PID WORK except those activities and responsibilities that are assigned to another PARTY in this AGREEMENT and those activities that may be specifically excluded.
23. Should CITY request CALTRANS to perform any portion of PID preparation work, except as otherwise set forth in this AGREEMENT, CITY agrees to reimburse CALTRANS for such work and PARTIES will amend this AGREEMENT.
24. CALTRANS will be responsible for completing the following PID activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
AGREEMENT
Funded Cost
100.05.10.xx Quality Management YES
150.05.05.xx Review of Existing Reports, Data, Studies, and Mapping YES 150.25.20 PID Circulation, Review, and Approval YES
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25. CALTRANS will provide relevant existing proprietary information and maps related to:
Geologic and Geotechnical information
Utility information
Environmental constraints
Traffic modeling/forecasts
Topographic and Boundary surveys
As-built centerline and existing right-of-way
Due to the potential for data loss or errors, CALTRANS will not convert the format of existing proprietary information or maps.
26. When required, CALTRANS will perform pre-consultation with appropriate resource agencies in order to reach consensus on need and purpose, avoidance alternatives, and feasible alternatives.
27. CALTRANS will actively participate in the Project Development Team meetings.
28. The PID will be signed on behalf of CITY by a Civil Engineer registered in the State of California.
29. CALTRANS will review and approve the Project Initiation Document (PID) as required by California Government Code, Section 65086.5.
CALTRANS will complete a review of the draft PID and provide its comments to CITY within 60 calendar days from the date CALTRANS received the draft PID from CITY.
CITY will address the comments provided by CALTRANS. If any interim reviews are requested of CALTRANS by CITY, CALTRANS will complete those reviews within 30 calendar days from the date CALTRANS received the draft PID from CITY.
After CITY revises the PID to address all of CALTRANS’ comments and submits the revised draft PID and all related attachments and appendices, CALTRANS will complete its review and final determination of the revised draft PID within 30 calendar days from the date CALTRANS received the revised draft PID from CITY. Should CALTRANS require supporting data necessary to defend facts or claims cited in the revised draft PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS Agreement No. 07-5359
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may conclude its review. The 30 day CALTRANS review period will be stalled during that time and will continue to run after CITY provides the required data.
No liability will be assigned to CALTRANS, its officers and employees by CITY under the terms of this AGREEMENT or by third parties by reason of CALTRANS’ review and approval of the PID.
Additional Provisions
Standards
30. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
CADD Users Manual
CALTRANS policies and directives
Plans Preparation Manual
Project Development Procedures Manual (PDPM)
Workplan Standards Guide
Construction Manual Supplement for Local Agency Resident Engineers Local Agency Structure Representative Guidelines
Noncompliant Work
31. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
32. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
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Consultant Selection
33. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
34. CALTRANS will issue, upon proper application, the encroachment permit required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide an encroachment permit to CITY at no cost. CITY's contractors, consultants, and agents may work under the same permit after completing, signing, and submitting the contractor's authorization form TR-0429 to CALTRANS. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
35. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
36. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
37. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without Agreement No. 07-5359
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the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
38. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
39. If any hazardous materials, pursuant to Health and Safety Code 25260(d), are found within the PROJECT limits, the discovering PARTY will notify all other PARTIES within twenty-four (24) hours of discovery.
40. PARTIES agree to consider alternatives to PROJECT scope and/or alignment, to the extent practicable, in an effort to avoid any known hazardous materials within the proposed PROJECT limits.
41. If hazardous materials are discovered within PROJECT limits, but outside of State Highway System right-of-way, it is the responsibility of CITY in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property.
Claims
42. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.
43. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
44. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant Agreement No. 07-5359
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hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
45. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.
46. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK-related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.
47. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
48. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
49. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
Penalties, Judgments and Settlements
50. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
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51. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
GENERAL CONDITIONS
52. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
53. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
54. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
55. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability Agreement No. 07-5359
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occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under this AGREEMENT.
56. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
57. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT.
PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
58. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
59. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
60. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
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Defaults
61. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
62. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT.
However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
63. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
64. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ Agreement No. 07-5359
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1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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Funding
65. Per the State Budget Act of 2012, Chapter 603, amending item 2660-001-0042 of Section
2.00, the cost of any engineering support performed by CALTRANS towards any local government agency-sponsored PID project will only include direct costs. Indirect or overhead costs will not be applied during the development of the PID document.
Invoicing and Payment
66. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
67. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
Project Initiation Document (PID)
68. CALTRANS will submit an invoice to CITY in the amount of $260,000 after the execution of this AGREEMENT. The invoice amount is the estimated costs for CALTRANS to perform WORK.
CALTRANS will not begin WORK until CITY pays invoice in full.
Upon completion of WORK, CALTRANS will perform a final accounting of WORK costs. Based on the final accounting, CALTRANS will refund or invoice as necessary in order to satisfy the obligation of this AGREEMENT. Should CALTRANS submit an invoice as a result of the final accounting, CITY agrees to pay within forty-five (45) days of receipt of invoice.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
For Gloria Roberts
D7 District Director
Verification of Funds and Authority:
Elvis John
D7 District Budgets Manager
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
CITY OF MALIBU
Bruce Silverstein
Mayor
Attest:
Kelsey Pettijohn
City Clerk
Trevor Rusin
Interim City Attorney
Agenda Item # 1.B.9.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tatiana Holden, Interim Public Works Director/City Engineer Approved by: Joseph D. Irvin, City Manager
Date prepared: April 13, 2026 Meeting date: May 26, 2026 Subject: Professional Services Agreement with 30 Three Sixty Public Finance, Inc.
RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with 30 Three Sixty Public Finance, Inc. to assist the City of Malibu with the formation of an assessment district for a Pacific Coast Highway (PCH) Wastewater Line in the amount of $107,395.
FISCAL IMPACT: Funding for these services was included in the Adopted Budget for FY 2025-26 in Account No. 100-3008-5100.00 (Public Works - Professional Services). The FY 2025-26 expenses up to $10,000 will be deducted from this account.
The Proposed Budget for Fiscal Year 2026-27 includes $100,000 of General Fund monies for the PCH Wastewater Line Project in Account No. 310-9128-5100.00. All expenses related to this agreement will be tracked with this project and reimbursed from an Assessment District upon its formation.
STRATEGIC PLAN IMPLEMENTATION: This item supports the City’s 2025-2028 Strategic Plan Goal 1: Support Community Rebuilding and Long-Term Recovery and Goal 3: Advance Infrastructure Resilience.
DISCUSSION: Following the January 2025 Palisades Fire, the City began evaluating longterm wastewater solutions for beachfront properties along PCH that were damaged or destroyed in the fire. On May 12, 2025, the City Council authorized an amendment to the professional services agreement with Woodard & Curran to prepare a preliminary design report for a wastewater collection system extending from approximately Carbon Beach to City limits with conveyance to the Hyperion Water Reclamation Plant.
City Council Meeting
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Item
1.B.9.
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Agenda Item # 1.B.9.
The preliminary design evaluated the feasibility and configuration of a centralized wastewater collection system to replace existing onsite wastewater treatment systems (septic systems), which are vulnerable to coastal hazards and costly to reconstruct.
At the February 23, 2026, City Council meeting, staff provided an update on the preliminary design report outlining a system spanning approximately 5.5 miles along PCH and includes multiple wastewater flow contributing areas, gravity sewer segments, force mains, and approximately ten lift stations. The proposed system would convey wastewater to the Hyperion Water Reclamation Plant.
Staff also presented information regarding potential funding mechanisms, including the formation of an assessment district to support project implementation. The formation of an assessment district would be a critical component of the overall financing strategy, allowing the City to equitably distribute project costs among benefiting property owners and serving as a prerequisite for advancing the project to construction. Staff indicated that in connection with potential Clean Water State Revolving Fund (SRF) financing and other funding opportunities, the assessment district would provide a viable pathway to fund the project which is, however, contingent on the property owners’ approval.
City Council directed staff to proceed with forming two separate assessment districts; one for the design phase and a second assessment district for the construction phase. On March 5, 2026, a Request for Qualifications (RFQ) was released seeking qualified firms for assessment engineering services. The scope of services in the RFQ included the financing approach of Bifurcated Formation of Assessment Districts as was directed by the City Council:
1) Formation of an Assessment District for design and engineering. 2) Formation of second Assessment District for construction.
One proposal was submitted on April 3, 2026, from 30 Three Sixty Public Finance, Inc. in the amount of $107,395. The proposal was reviewed for responsiveness to the requirements of the RFQ and found to be compliant and responsive.
As part of the scope of services, the vendor will:
• Prepare a district boundary map or assessment diagram • Develop an equitable special tax/assessment apportionment methodology • Estimate assessment liens and assessment installments • Prepare the Preliminary and Final Engineer’s Reports pursuant to the requirements of Section 10204 of the Streets and Highways Code and Proposition 218 • Formation of PCH Wastewater Assessment District
• Assist with issuance of bonds, as necessary
Due to the agreement negotiations, the prospective consultant requested modifications to the standard indemnification provision due to inability to obtain the specified insurance 2
Agenda Item # 1.B.9.
coverage. The firm’s insurance policy does not cover the upfront costs of legal defense.
As a result of these constraints, the indemnification section was requested to be revised and the duty to defend provision was requested to be removed. The agreement modifications were reviewed by the City Attorney’s office, and the risk was analyzed. The modified language was confirmed to be legal, and it does not negate or allow 30 Three Sixty Public Finance, Inc. to avoid liability for its negligence, however, it places a potential risk on the City to cover the up-front legal defense fees.
While this is a variation from the norm, staff continues to recommend authorizing the Mayor to execute a professional services agreement with 30 Three Sixty Public Finance for the formation of two assessment districts for the PCH Wastewater Line in the amount of $107,395. Staff do so because 30 Three Sixty Public Finance, Inc. has successfully provided professional services to the City since 2020, including for the Civil Center Wastewater Phase 1 Assessment District, there was only one qualifying applicant for this procurement, and because the City has made the same concession with this vendor on past agreements. .
Next Steps
Following the execution of this agreement, 30 Three Sixty Public Finance, Inc. (360) will work with staff and other members of the project team to define the proposed assessment district boundaries, identify parcels that would receive a special benefit from the proposed wastewater project design. 360 will also collect all eligible project design, project management and assessment district formation costs, and develop a legally supportable assessment methodology. This work will include how much costs should be allocated among the benefited parcels in proportion to the special benefit received, consistent with California Streets and Highway Code Section 10204 and Proposition 218. 360 will prepare the required assessment engineer’s report, including the project description, district boundary map, assessment diagram, assessment roll, cost estimate, and assessment methodology. The report will clearly identify that the proposed assessment would be limited to design-phase costs and related eligible expenses, and would not authorize or fund construction of the wastewater improvements.
The next step includes the City Council’s action to initiate the assessment proceeding.
This includes receiving a presentation of the preliminary assessment engineer’s report, adoption of the necessary resolutions, establishment of a public hearing date, and authorization to mail assessment district notices and ballots to the property owners within the proposed assessment district
The Proposition 218 notices and ballots include ballot instructions and explanatory materials that clearly describe the purpose of the assessment district, the design work to 3
Agenda Item # 1.B.9.
be funded, the methodology for the assessments, and the public hearing and balloting process. Staff will conduct community outreach meetings to respond to technical questions from the property owners and the public.
Prior to the public hearing, the property owners can submit their ballots to the City indicating support or opposition to the proposed assessment district. The City will collect these ballots and hold them until the completion of the scheduled public hearing.
At the public hearing, Council will provide property owners and the community with an opportunity to comment on the proposed assessment district, the assessment engineer’s report, the proposed assessment methodology and the amount of the proposed assessments. The public hearing also provides the property owners the ability to change their assessment ballots prior to the close of the hearing.
The ballots are weighted according to the amount of the proposed assessment assigned to each parcel, rather than counted on a one-parcel, one-vote basis. If the tabulation shows that the ballots submitted in opposition to the assessment exceed the ballots submitted in support, weighted by assessment amount, a majority protest exists and the City may not impose the assessment. If no majority protest exists, the City Council may consider proceeding with the formation of the assessment district. This action would be limited to the design phase of the project only. The construction phase would require a separate assessment district formation.
On April 23, 2026, the City received one proposal in response to Request for Qualifications/Proposals for the professional engineering services from Woodard & Curran for $8,510,743. Staff also released a Request for Qualifications/Proposals for PCH Wastewater Project Management. The total costs from both solicitations and the cost of services for formation of the assessment district along with other administrative costs will form the foundation for establishing the estimated costs for each parcel.
The project schedule is a key project driver for the City, with a strong need to expedite final design and implementation to address ongoing impacts to residents along the PCH corridor. Timely development through all project implementation steps is critical to delivering a long-term wastewater solution for the residents of the beachfront area affected by the Palisades Fire.
The overall approach to the implementation of the project focuses on advancing the final design and shortening duration of construction:
- Implementing an efficient, decision-driven design process to maintain schedule certainty.
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Agenda Item # 1.B.9.
- Shortening construction through optimized crossing solutions, prefabricated lift stations, and strategic bid packaging,
- Coordinating early and continuously with external agencies and infrastructure owners to prevent delays.
- Incorporating targeted, timely public communication to preserve community trust and reduce project risk.
The anticipated implementation schedule is provided below.
Task Item Projected Implementation
Schedule
Engineer’s Report to Fund Design + Stakeholder Outreach (8 months)
07/01/2026 – 03/01/2027
Formation of Assessment District 1 (2 months) 03/01/2027 – 05/01/2027 Bond Issuance to Fund Design (3 months) 05/01/2027 – 08/01/2027 Project Final Design 65% completion (12 months) 08/01/2027 – 08/01/2028 Final Desing + Bids Received (9 months) 08/01/2028 – 05/01/2029 Engineer’s Report to Fund Construction + Stakeholder
Outreach (9 months) 08/01/2028 – 05/01/2029
Formation of Assessment District 2 (2 months) 05/01/2029 – 07/01/2029 Bond Issuance (3 months) 07/01/2029 – 10/01/2029
Project Construction (33 months) 10/01/2029 – 07/01/2032 ATTACHMENTS:
1. Professional Services Agreement with 30 Three Sixty Public Finance, Inc. 5 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 11, 2026 by and between the City of Malibu (hereinafter referred to as the “City”), and 30 Three Sixty Public Finance, Inc., a California Corporation (hereinafter referred to as “Consultant”). City and Consultant are herein collectively referred to as “Parties” and separately as a “Party”.
The City and the Consultant agree as follows:
R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.
B. The City desires to contract out for consulting services for certain projects relating to Assessment Engineering Service for the formation of an assessment district for the Pacific Coast Highway Wastewater Line Project.
C. The Consultant represents to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in this Agreement, including those set forth in Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Consultant agree as follows:
1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in Exhibit A (the “Scope of Work”), attached hereto and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.
2.0 TERM OF AGREEMENT. This Agreement will become effective on May 11, 2026, and will remain in effect for a period of 3 years from said date unless otherwise expressly extended and agreed to by both parties (the “Parties”) or terminated by either party as provided herein.
3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.
4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit A, “Scope of Work” and Exhibit B, “Compensation Schedule”. The cost of services shall Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B Attachment 1
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not exceed $107,395 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.
4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant’s bill within 30 days after it is received.
5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement.
The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.
5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business to or by any City employee or official.
5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.
6.0 GENERAL TERMS AND CONDITIONS.
6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.
6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the effective date of the notice of termination. If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.
6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 7 Agreement for Professional Services
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and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.
6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.
6.5 Indemnification.
To the fullest extent permitted by law, the Parties agree to save, indemnify (including costs of any defense), and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administration proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, reasonable attorney fees, expert fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the Party’s negligence, recklessness, or willful misconduct. Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the Party responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.
6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.
6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 8 Agreement for Professional Services
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or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant’s obligations to the City are solely such as are prescribed by this Agreement.
6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.
6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.
6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
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6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.
6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party’s right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.17 Attorneys’ Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys’ fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees and costs in addition to all other relief to which that party or those parties may be entitled.
6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 10 Agreement for Professional Services
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and the Consultant.
6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
CITY: Joseph D. Irvin CONSULTANT: Mitch Mosesman
City Manager President
City of Malibu 30 Three Sixty Public Finance
23825 Stuart Ranch Road 5860 Owens Ave., Ste. 210
Malibu, CA 90265-4861 Carlsbad, CA 92008
TEL (310) 456-2489 x 226 TEL (858) 386-4600
FAX (310) 456-2760
6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)
7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 11 Agreement for Professional Services
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and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of May 11, 2026.
30 Three Sixty Public Finance, Inc., a California Corporation:
_______________________________
By: Mitch Mosesman
President
CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A
SCOPE OF WORK
The consulting firm or firms selected shall provide the required professional services for the formation of the PCH Wastewater Connection Line Assessment District. The work, in general, shall include but not be limited to the following:
Special Tax/Engineering Consulting Services
The “Consultant” shall assist the City of Malibu in the formation and issuance of bonds for an assessment district (“District”) to finance the construction of the wastewater treatment facility. The following tasks are included.
1. Boundary Map
The Consultant will coordinate with the City, District representatives, and the design engineer to determine the benefited properties. We anticipate that the City and/or design engineer will provide base map data (GIS or other digital mapping format) to facilitate preparation of the boundary map and assessment diagram. As requested, the project team will coordinate the recording of the assessment district boundary map, assessment diagram, and notice of assessment.
Deliverable: Assessment Diagram
2. Special Tax/Assessment Apportionment Methodology
The Consultant will work closely with City staff and the design engineer to determine the appropriate determinants of benefit, including conducting a field survey, as necessary, to confirm existing uses, compiling future redevelopment/development assumptions, and updating wastewater flow factors for each land use and property within the District.
Deliverable: Assessment Methodology
3. Special Tax/Assessment Lien and Financing Analysis
The Consultant will work cooperatively with the City and the design engineer to obtain the project costs. The Consultant will prepare an assessment model to estimate bonded indebtedness, including capitalized interest, bond reserves, and bond issuance costs, and the resulting assessments when the estimated bond principal is spread to the benefited properties in accordance with the assessment methodology. The assessment model will also include projected annual assessment installments and annual administrative expenses.
Deliverable: Assessment Model, Estimated Assessments and Annual Installments, and Summary of Cost Estimates
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4. Report Preparation
The Consultant will act as “Engineer of Work” in conformance with the Municipal Improvement Act of 1913 and prepare the Preliminary and Final Engineer’s Reports pursuant to the requirements of Section 10204 of the Streets and Highways Code and Proposition 218 (California Constitution Articles XIII C and XIII D). The Consultant assumes that a petition pursuant to Section 2804 of the Streets and Highways Code will be submitted, and the Majority Protest Act of 1931 will not apply. As required by Streets and Highways Code Section 10204 and Proposition 218, the contents of the Engineer's Report will include (i) plans and specifications (to be provided by the design engineer) describing the general nature, location, and extent of the improvements proposed to be installed or acquired, (ii) a general description of the improvements (to be developed in coordination with the design engineer), (iii) an estimated cost of the improvements, including the cost of land, rights-of-way, easements, and incidental expenses, (iv) The proposed assessment of the total amount of the cost and expenses of the proposed improvements upon all parcels in the district in proportion to the benefits to be received by each parcel, (v) the maximum annual assessment to be levied on each parcel to pay for the administration and collection of assessments or other assessment district administrative expenses, including the administration or registration of any associated bonds and reserve or other related funds, and the index for determining the annual adjustment to such maximum amount, (vi) an explanation of the assessment apportionment methodology, (vii) the assessment diagram showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each land parcel within the District, and (viii) the assessment roll.
Consultant shall produce the Final Engineer’s Report in connection with the confirmation of the assessments by the City Council. This report shall include confirmed costs in place of the estimated costs listed in the Preliminary Engineer’s Report and make any revisions requested by the City Council. The Report will be prepared by a Registered Civil Engineer.
Deliverable: Preliminary and Final Engineer’s Report, including description of the assessment methodology, and Assessment Roll
5. District Formation
• Public Notices and Ballot Protest Procedure: The Consultant will print and mail notices and assessment ballots to the property owners of record. Notices and ballots will be mailed to the owners of record as determined from the Los Angeles County Assessor's Roll. The Consultant will rely upon bond counsel to prepare the notice and ballot text in conformance with Proposition 218.
Deliverable: Mailed Notices and Assessment Ballots
• Ballot Tabulation: Consultant will provide a spreadsheet, including the proportional financial obligation of affected property, to the City Clerk to tabulate the ballots Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 14 Agreement for Professional Services
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submitted by property owners to determine whether majority protest exists within the District.
Deliverable: Ballot Tabulation Workbook
• Cash Payment Notice: After confirmation of the assessments by the City Council, Consultant will mail the notice of cash collection and prepare a paid and unpaid list and calculate the new amount to bond after the end of the thirty-day cash collection period.
Deliverable: Mailed Cash Collection Notices
• Document Recording: Consultant will record the assessment diagram and Notice of Assessment with the County of Los Angeles Recorder’s Office.
Deliverable: Recorded Assessment Diagram and Notice of Assessment
6. Issuance of Bonds
As requested, the Consultant will assist in the review of documents prepared in connection with the issuance of the bonds. Such bond documents may include bond resolutions and/or ordinances, trust indentures and/or fiscal agent agreements, limited offering memorandums and/or official statements, and continuing disclosure agreements. The Consultant will also update its assessment financial model and, as requested, provide information to assist with the preparation of the official statement for the bonds.
Deliverable: Information and Tables for Official Statement
7. Meetings/Conference Calls
The Consultant will attend a total of sixteen (16) virtual meetings and up to four (4) in-person meetings, which may include a kick-off meeting, community outreach meetings, and City Council meetings. The Consultant shall also provide verbal assistance to the Client as necessary.
Deliverable: Attendance at Meetings
AD Administration Scope of Work
The Consultant’s scope of work for AD administration consulting services is summarized below.
1. Annual Installment Calculations
Consultant will determine each year’s aggregate annual interest and principal payments on the bonds and AD administrative expenses and calculate the annual installment amounts for each parcel.
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Deliverable: Assessment Installment Calculations
2. Assessment Billing and Collection
o Billing of Assessment Installments
The Consultant will coordinate with the Los Angeles County Auditor-Controller (the “County”) regarding the billing of the annual assessment installments. The Consultant will upload the annual assessment installments to the County’s Direct Assessment Web Access system (“DA Web”) and confirm that they are properly enrolled and billed.
Deliverable: Enrollment of Assessment Installments
o Collection of Assessment Installments
The Consultant will coordinate with the County to obtain collection data and prepare periodic reports that coincide with the County’s provision of collection data, detailing the amounts collected for the reporting period in question. The Consultant will coordinate with the City to establish follow-up procedures for delinquent assessment installments which shall be consistent with the collection covenants in the applicable trust indenture or fiscal agent agreement. These procedures may include the preparation and mailing of periodic delinquent assessment installment notices. Should the need arise, the Consultant will assist legal counsel with further collection activities, including the foreclosure of the assessments that remain delinquent after the follow-up process.
Deliverable: Collection Workbook and Mailed Delinquency Notices o Prepayment
Upon request, the Consultant will calculate the amount needed to pay off the assessment balance in part or in full. The assessment prepayment amount, including payoff instructions, will be mailed to the requesting party. If prepayment in full is received, the Consultant will coordinate with the City in the preparation and recordation of a release of lien with respect to the Parcel ID for which prepayment has been made as well as the partial redemption of bonds.
Deliverable: Prepayment Calculations, Lien Releases, and Partial Bond Redemption Instructions
3. Trust Account Review
The Consultant will prepare and maintain a database of trust/fiscal agent account activity to facilitate a comparison of actual financial activity to trust indenture or fiscal agent agreement.
Monthly reports and findings of non-compliance and/or inconsistencies with the trust indenture or fiscal agent agreement will be communicated to the City and fiscal Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 16 Agreement for Professional Services
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agent/trustee. We will also reconcile account activity with County apportionment reports, scheduled debt service payments, etc.
Deliverable: Trust Account Database and Period Reports
4. Property Owner Inquiries
This task involves responding to telephone calls from prospective or current property owners or other interested parties who have questions regarding the AD and their assessment. This task also includes brief written responses to property owners as necessary.
Deliverable: Responses to Property Owner Inquiries
5. Parcel Database
The Consultant will maintain a parcel database which will include Assessor’s Parcel Number, assessment number, original assessment lien, outstanding assessment balance, annual assessment installment and administrative expense amounts, and record owner information to the extent readily available from the County.
Deliverable: Parcel Database
6. Reports
o Annual AD Report
The Consultant shall prepare an annual report for the AD summarizing (i) the annual debt service and administrative expenses budgeted for the coming fiscal year and (ii) collection results for the previous year.
Deliverable: Annual Report.
o Continuing Disclosure
The Consultant will compile, assemble, and circulate to the City for review the report containing the annual financial information specified in the continuing disclosure agreement entered into by the City in connection with the issuance of the bonds. Upon approval, the Consultant will file the report with the Municipal Securities Rulemaking Boards’ Electronic Municipal Market Access website. In addition, as Consultant is made aware, it will also file notice of the occurrence of “Significant Events” as described in the continuing disclosure agreement.
Deliverable: Annual Report.
o Revenue and Taxation Code Section 163 Report
As applicable, the Consultant will prepare and provide the annual report required pursuant to Revenue and Taxation Code Section 163 to the County Assessor. Pursuant to the Revenue and Taxation Code Section 163, the report contents include the original Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 17 Agreement for Professional Services
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assessment lien, outstanding assessment lien, and prepayment date and the name of the prepaying party.
Deliverable: Annual Report.
o Annual “Debt Transparency Report” Pursuant to Government Code 8855 (SB 1029) As applicable, the Consultant will prepare the annual report specified under Government Code Section 8855 using the protocol and forms established by the California State Controller’s office.
Deliverable: Information for Annual Report
7. Assessment Apportionments and Amended Diagrams
In the event parcels are consolidated or subdivided, the project team will apportion the assessment applicable to the subdivided parcel to the parcels in the new subdivision and prepare an amended assessment diagram. Deliverable: Amended Assessment Diagram, Notice of Amended Assessment, and Report of Amended Assessments Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 18 Agreement for Professional Services
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EXHIBIT B
COMPENSATION SCHEDULE
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EXHIBIT C
INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles (if any), in an amount not less than $1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 21 Agreement for Professional Services
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commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than Docusign Envelope ID: 2CFF606B-7073-8D2D-824A-F6CE80A9AD8B 23 Agreement for Professional Services
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required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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Agenda Item # 1.B.10.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Gregory Kajszo, Assistant to the City Manager Approved by: Joseph D. Irvin, City Manager
Date prepared: May 18, 2026 Meeting date: May 26, 2026
Subject: Revised Letter of Opposition for AB 768
RECOMMENDED ACTION: Authorize the Mayor to sign a Letter of Opposition for Assembly Bill 768 and authorize staff to proceed with its formal submission.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PLAN IMPLEMENTATION: N/A.
DISCUSSION: Assembly Bill 768 (Farías) exempts mobilehome spaces within a mobilehome park from local rent control if the mobilehome space is not used as permanent housing by the homeowner or a tenant approved under specified law.
On February 9, staff presented proposed amendments to the Malibu Mobilehome Park Rent Stabilization Ordinance. Council directed staff and the Mayor and Mayor Pro Tem to work with California Strategies to oppose AB 768.
In accordance with Council's direction, representatives from California Strategies drafted a letter of opposition, which was presented to Council on May 11. Council directed staff to work with the Mobilehome Park Rent Control Regulations Ad Hoc and community stakeholders to bolster the letter.
Staff received a letter of opposition from residents of Point Dume Club and Paradise Cove and the Coalition to Protect Manufactured Home Communities. That letter has been incorporated as an attachment to the City’s opposition efforts, and the City’s letter of opposition has been revised to reflect this community perspective. The City’s Letter of Opposition and the community’s letter (Attachment 1) are included in this report.
City Council Meeting
05-26-26
Item
1.B.10.
1
Agenda Item # 1.B.10.
The new Letter and Attachment 1 were presented to the Mobilehome Park Rent Control Regulations Ad Hoc Committee during their May 18, 2026 meeting. They supported the opposition efforts and requested the opposition material to go back to Council for review.
ATTACHMENTS:
Attachment 1: Letter of Opposition for AB 768.
2 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org https://malibucity-my.sharepoint.com/personal/gkajszo_malibucity_org/Documents/Desktop/AB 768 Letter of Opposition.docx The Honorable Jesse Arreguin
Chair, Senate Housing Committee
1021 O Street, Room 6710
Sacramento, CA 95814
Re: City of Malibu Opposition to AB 768 (Ávila Farías)
Honorable Senator Arreguin and Members of the Senate Housing Committee, On behalf of the City of Malibu, I write to oppose AB 768 (Ávila Farías), which would exempt a mobilehome space from local rent control whenever a park owner determines the space is not being used as the homeowner’s permanent residence. The City’s concerns are reinforced by substantial community opposition, including a letter signed by more than 370 residents, attached hereto, submitted by Malibu’s residents of Point Dume Club and Paradise Cove and the Coalition to Protect Manufactured Home Communities. This opposition is further supported by the City’s Mobilehome Park Rent Control Regulations Ad Hoc Committee, which has reviewed the matter and likewise opposes AB 768. The breadth of that opposition reflects how directly this bill threatens the stability and security of our mobilehome park communities.
The mobilehome context demands special legislative care. Residents own their homes but not the land beneath them, making them uniquely exposed to rent increases. Moving is rarely a realistic option, as relocation costs can reach tens of thousands of dollars, and a mobilehome’s market value is directly tied to the cost of its space rent. Higher rents mean lower home values, so the financial stakes of losing rent control protections are severe and often irreversible.
The attached resident letter details these concerns at length. In summary, the City shares the following objections:
• Unchecked discretion for park owners. The bill invites park owners to unilaterally strip homeowners of rent control by labeling them as non-permanent residents, with no meaningful check on that power. The only recourse available to a homeowner is costly litigation, a prohibitive barrier for seniors and fixed-income residents who make up a large share of Malibu’s mobilehome park population.
• Harm to seniors and wildfire-displaced residents. AB 768 fails to account for residents who are temporarily absent due to medical treatment, caregiving responsibilities, or, in Malibu’s case, wildfire evacuation. These residents risk being deemed non-permanent and losing their homes and life savings as a result.
• A one-sided transfer of wealth. By removing rent control, the bill enables park owners to raise rents, depress the value of residents’ homes, and ultimately acquire those homes at a fraction of their worth. This enriches corporate landlords at the direct expense of individual homeowners who have invested decades in their communities. • Local solutions are already working. Malibu’s two mobilehome parks already have subleasing restrictions in place, and homeowners, park owners, and the City have worked 3 constructively together to support community stability. There is no demonstrated systemic problem that justifies overriding this locally supported framework.
AB 768 does not advance housing affordability. It undermines it by destabilizing the communities of over 1 million Californians living in mobilehome parks. The City of Malibu respectfully urges the Legislature to vote “No” on AB 768 and to review the attached resident letter for a fuller account of the harm this bill would cause.
Thank you for your attention to this matter.
Sincerely,
Bruce Silverstein
Mayor, City of Malibu
Attachment 1: Letter from Malibu’s residents of Point Dume Club and Paradise Cove and the Coalition to Protect Manufactured Home Communities (370+ signatures, dated April 11, 2026) CC:
The Honorable Tom Umberg, Chair, Senate Judiciary Committee Senator Ben Allen
Senator Henry Stern
Assemblymember Jacqui Irwin
4 May 7, 2026
The Honorable Thomas J. Umberg
Chair, Senate Judiciary Committee
1021 O Street, Room 3240
Sacramento, CA 95814
The Honorable Jesse Arreguin,
Chair Senate Housing Committee
1021 O Street, Room 6710
Sacramento, CA 95814
Re: Opposition to AB 768 (Avila Farias) – Harm to Mobilehome Residents, Seniors, and Wildfire Impacted Communities
Dear Chair Umberg and Chair Arreguin:
We write in strong opposition to AB 768 (Avila Farias). AB 768 would destabilize long standing communities, accelerate displacement, and transfer wealth from individual homeowners, many of them seniors, to corporate park owners. AB 768 bill will not solve the housing problem or create more affordable units. It will unjustly enrich park owners and destabilize existing homeowners, many of whom are seniors playing by the rules.
Current law strikes the right balance between homeowners, park owners, and rent control protections. AB 768 upsets this balance for no reason and tilts the playing field steeply in the park owner’s favor. AB 768 installs a one-size fits all penalty based solely on whether someone has any other residence, even if they are not renting, not speculating, and not violating any park rules.
While we support restrictions on short-term rentals in mobilehome parks, AB 768 does nothing to protect affordability and allows park owners to increase operating revenue at will. This is the opposite of what the State should be doing to protect affordability during our continuing housing crisis. AB 768 will lead to increased rents, loss of rent control protections for homeowners, and a huge decline in mobilehome property values for residents. Mobilehome owners have built their lives and home equity over decades based on predictable rules. There is no reason to change those rules now for the financial benefit of park landlords and owners.
AB 768 Lets Self-Interested Park Owners Act as Judge and Jury The bill upends long established tenant protections by giving park owners broad discretion to determine whether a homeowner or tenant is using the home as “permanent housing.” This is problematic. Park owners would be empowered to:
Attachment 1: Letter from Malibu’s residents of Point Dume Club and Paradise Cove and the Coalition to Protect Manufactured Home Communities (370+ signatures, dated April 11, 2026)
5 ● Declare a resident “non permanent” based on subjective and inconsistent criteria ● Remove rent control protections
● Force distressed sales
● Increase space rents without meaningful oversight
This is an extraordinary gift and transfer of power from state and local governments to corporate landlords. Under current law, in several cities, homeowners can appeal rent control decisions to their local commissions made up of local stakeholders. The bill’s rebuttable presumption protection is illusory. A homeowner’s only remedy is the courts.
Park owners have far greater financial resources and legal sophistication than individual homeowners. If a park owner strips a homeowner of rent control protection, the burden shifts to the homeowner to challenge that decision through costly and complex legal proceedings. Many seniors and fixed-income residents cannot afford to hire attorneys or navigate prolonged disputes. The result will be losing their rent control protections not because they violated any rule, but because they cannot afford to fight a park owner’s arbitrary determination.
Only Park Owners Benefit From Removing Rent Control
Mobilehome values reflect the cost of lease rights. In coastal communities like Malibu, a lease right’s value (i.e., the cost of the lease) often far exceeds the home’s value.
Without rent control protections, the physical structure has virtually no value to the homeowner. The result is that the park owner can jack up the rent and force out the homeowner tenant, acquire the home for virtually nothing, and then unfairly enrich itself by renting the space at current market rates. AB 768 unfairly transfers wealth from homeowners to landlords and park owners with no benefit to renters.
AB 768 Ignores Real World Living Patterns
The bill assumes a rigid, traditional residency model that does not reflect the lived experience of many mobilehome owners. It fails to account for:
● Temporary wildfire displacement
● Split residency for caregiving, medical treatment, or work ● Medical and caregiving absences that disproportionately affect seniors and disabled residents
Without clear protections, these residents risk being deemed “non permanent,” losing their rights, and being forced into distressed sales.
Disproportionate Harm to Seniors
A large share of mobilehome residents are seniors on fixed incomes. While we support restrictions on short-term and any vacation rentals, seniors rely on the ability to rent their homes temporarily (one year or longer) to cover medical costs, caregiving needs, or periods of relocation. AB 768 removes this essential safety valve and places seniors 6 at heightened risk of displacement. AB 768 introduces new terms and definitions that sweep in seniors, wildfire impacted residents, seasonal workers, and longtime community members.
Local Solutions Are Already Working
In Malibu, like in several other cities, homeowners, park owners, and the City Council have engaged constructively on rental practices and community stability. All three stakeholders recently went on record supporting the continuation of local rent control ordinances. Both parks already have subleasing restrictions in place. One prohibits rentals under 12 months. The other prohibits subleasing entirely.
There is no demonstrated abuse or systemic problem that justifies sweeping state intervention on issues of local importance. AB 768 would override a locally supported system that is functioning effectively.
AB 768 does not create affordability. It redistributes value from homeowners to park owners, destabilizes communities, and harms the very residents it claims to protect. For these reasons, we respectfully urge you to oppose AB 768 to protect homeowners, seniors, and wildfire impacted communities.
Thank you for your attention to this critical issue.
Sincerely,
CC:
Senator Ben Allen
Senator Henry Stern
Assemblymember Jacqui Irwin
7
Agenda Item # 6.A.
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Irvin, City Manager
Trevor Rusin, Interim City Attorney
Date prepared: May 7, 2026 Meeting date: May 26, 2026
Subject: City Council and Commission Meeting Format and Rules of Procedure and Decorum
RECOMMENDED ACTION: 1) Adopt Resolution No. 26-27 establishing Rules of Procedure and Decorum for the conduct of City Council meetings, setting the start time and format for Regular City Council Meetings, and repealing Resolution Nos. 98-083 and 24-39; 2) Adopt City Council Policy No. 54 Disruption of Telephonic or Internet Service During Meetings; and 3) Adopt revised City Council Policy No. 28 Establishing the Procedure for Placement of Items by City Councilmembers on City Council Agendas.
DISCUSSION: This report will be distributed under separate cover.
City Council Meeting
05-26-26
Item
6.A.
Agenda Item # 6.A.
Supplemental
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Joseph D. Irvin, City Manager
Trevor Rusin, Interim City Attorney
Date prepared: May 7, 2026 Meeting date: May 26, 2026
Subject: City Council and Commission Meeting Format and Rules of Procedure and Decorum
RECOMMENDED ACTION: 1) Adopt Resolution No. 26-27 establishing the Rules of Procedure and Decorum for the conduct of City Council meetings, setting the start time and format for Regular City Council Meetings, and repealing Resolution Nos. 98-083 and 24-39; 2) Adopt City Council Policy No. 54 Disruption of Telephonic or Internet Service During Meetings; and 3) Adopt revised City Council Policy No. 28 Establishing the Procedure for Placement of Items by City Councilmembers on City Council Agendas.
FISCAL IMPACT: There is no direct fiscal impact associated with the recommended action.1
STRATEGIC PLAN IMPLEMENTATION: N/A.
DISCUSSION: On August 25, 2025, the City Council discussed the format of City Council meetings, including the regular meeting time and hybrid participation format, to better promote community engagement and utilize staff resources.
Following discussion, the City Council directed staff to return with proposed revisions as follows:
• Meeting Start Time: Move the meeting start time up to 4:30 p.m. 1 On April 13, 2026, the City Council approved the agreement with Western A/V for the City Hall Audio-Visual and Broadcast System Upgrade Project. This project will replace equipment in the Council Chambers/Civic Theater and support a more stable connection for remote participation.
City Council Meeting
05-26-26
Item
6.A.
1
Agenda Item # 6.A.
• Public Comment and City Council Meeting Attendance Reports and Inquiries:
Public comment for items not on the agenda and Council Meeting Attendance Reports and Inquiries will be noticed to be heard at or after 6:30 p.m., but the Council may take up other items on the agenda before 6:30 p.m.
• Presentations: Ceremonial/Presentation items will be limited to three per agenda, and each presentation should take no more than ten minutes. • General Public Comment (Items Not on the Agenda):
o Allow audiovisual presentation materials only for scheduled items, not for general public comment.
o Eliminate time deferrals during general public comment. • Remote Participation: Implement webinar registration to take speaker signups and better manage remote participation
• Land Use Matters: Schedule appeals for Special Meetings to reduce the existing backlog. Require publication of the agenda report 30 days in advance, all written comments and presentation materials from the applicant or appellant to be submitted 10 business days in advance of the hearing, and all written comments and presentation materials from members of the public to be submitted three business days in advance of the hearing.
Since that meeting, Senate Bill (SB) 707 was signed into law on October 3, 2025, creating new requirements for remote public participation at meetings of city councils. This provision goes into effect July 1, 2026 and the specific teleconference requirements make the previously considered webinar registration model impractical to implement. Staff will continue to analyze SB 707 and options for implementing its provisions. If tools to manage remote participation are identified that comply with SB 707’s requirements, staff will bring a recommendation forward to the City Council for their adoption. Staff is also refining the procedures to use the “raise hand” feature in Zoom to take public comment and better document the remote speaker signups. The SB 707 requirements for remote participation mandate that remote participants receive the same speaking time allotments as members of the public attending in person. Because it is difficult to verify whether individuals deferring time online are real, distinct participants, the Council has limited time deferrals to those attending in person to prevent administrative challenges and potential abuse. To have a process that is easily understood by the public, staff recommends eliminating or suspending time deferrals at this time. Alternatively, the Council may allow in‑person participants to defer their time to individuals participating either in person or remotely.
Staff have now implemented the Council’s direction to schedule hearings for land use matters for Special Meetings, and have implemented the staff report and correspondence deadlines directed by the Council. Resolution No. 26-27 memorializes these deadlines, but allows them to be adjusted by the City Manager and City Clerk to accommodate the scheduling of time-sensitive hearings. The City Council has approved a series of Special Meetings in 2026 and staff will continue scheduling one to two hearings per special meeting until the backlog is reduced.
2
Agenda Item # 6.A.
To provide clear instructions for the public, consistent with the other material deadlines for City Council meetings, staff recommends setting a deadline for public correspondence for regular and special meetings. The proposed deadline is 10:00 a.m. the day of the meeting for public correspondence and presentation materials for items on the agenda—other than appeals which must adhere to the specific deadlines for those hearings.
The intent of eliminating time deferrals and audio-visual presentations for general public comment will help focus that item and the speakers on concise introductory comments so the Council and the public can prioritize scheduled business for its meetings. As the Council cannot discuss items that are not on the agenda, fulsome presentations should be reserved for when an item has been placed on the agenda and the public has notice that the item will be discussed.
Following general public comment, Councilmembers often comment on the concerns/issues raised by the speakers, however the City Council cannot take action at this time due to the Brown Act and these inquiries often delay the hearing of scheduled business--sometimes resulting in scheduled items being continued to future meetings.
The Council is required to provide meeting attendance reports during this time and should have the opportunity to refer issues raised during general public comment to staff. For meeting efficiency, staff is proposing a 10-minute limit per Councilmember for this item.
Dealing with similar challenges, the Planning Commission has adopted a three-minute limit on Commissioner responses to public comments and staff follow-up, and has moved Planning Commission Inquiries to the end of the agenda.
Staff completed the first comprehensive review of the Rules of Procedure and Decorum since their adoption in 1998 and has made minor revisions. Notable updates include removing references to Quarterly Review Meetings, adding references to the Code of Conduct for Public Officials adopted in 2024, clarifying that members of the public wishing to comment on Ceremonial or Presentation items may do so during the Consent Calendar public comment period, and addressing presentation time for appeal hearings where more than one appeal has been filed. Members of the public will continue to have the opportunity to speak directly on any Ceremonial or Presentation item on which the Council will take action, such as the election of the Mayor and Mayor Pro Tem. For appeal hearings where more than one appeal has been filed, applicants will have an additional 10 minutes, for each appeal, that may be allocated between their presentation and rebuttal.
Staff’s additional recommendations are summarized below:
• Remote Participation: Continue using raise hand function in Zoom for remote speakers in hybrid meetings in compliance with SB 707.
• Land Use Matters: Allow the schedule for land use hearings to be modified by the City Manager and City Clerk to account for time-sensitive projects. 3
Agenda Item # 6.A.
• Public Correspondence: Set a 10:00 a.m. deadline for public correspondence and presentation materials.
• City Council Meeting Attendance Reports and Inquiries: Limit the time to 10 minutes per Councilmember.
• Time Deferrals: Eliminate time deferrals to comply with SB 707 requirements.
Resolution No. 26-27 reflects the direction from the August 25, 2026 meeting and these additional recommendations. If approved by the City Council, the revised format and time will take effect on July 1, 2026. At a future meeting, staff will bring back an item to review the new format and consider providing direction to the Planning Commission on its meeting time and format to ensure consistency between bodies.
Revisions to City Council Policy No. 28 are recommended to correct a discrepancy between the deadlines for Councilmember items in City Council Policy No. 28 and the City Council Rules of Procedure and Decorum. Resolution No. 98-83 currently requires requests for Councilmember items to be submitted to the City Manager not later than twelve days before the regular meeting. City Council Policy No. 28 was not amended after the adoption of Resolution No. 98-83 and erroneously references a deadline from the prior Rules of Procedure and Decorum. The revised policy will also be consistent with Resolution No. 26-27.
SB 707 Disruption Policy
SB 707 requires the City to formally adopt, on or before July 1, 2026, a policy establishing procedures for recessing and reconvening a meeting in the event of a disruption to remote participation services, as well as the good-faith efforts the City Council and staff must undertake to restore such services. If telephonic or internet service is disrupted and the public is unable to participate, the meeting must be recessed while the City makes reasonable efforts to restore access. The City Council may not reconvene in open session until at least one hour after the disruption or until service has been restored, whichever occurs first. During this period, the City Council may convene in closed session. If service has not been restored after one hour, the meeting may resume if the City Council adopts a finding by roll-call vote that good-faith efforts to restore telephonic or internet service have been made. The Council also has the option to adjourn the meeting rather than wait for attempts to fix the problem.
Although it is not required by SB 707, staff also included a provision addressing the cancellation or adjournment of City Council meetings during Public Safety Power Shutoff that affect a significant portion of the residents, but do not impact the City’s ability to offer remote participation. At the January 23, 2023 Regular Meeting, the City Council previously directed that meetings be canceled when a power outage or other disruption prevents half or more of the City from participating remotely. With the City now required to provide remote participation, staff recommends establishing a 30% threshold to cancel the meeting, recognizing that more residents will reasonably expect to be able to participate 4
Agenda Item # 6.A.
remotely and may not be able to adjust their plans once a Public Safety Power Shutoff is initiated.
Staff recommends adopting City Council Policy No. 54 Disruption of Telephonic or Internet Service During Meetings.
ATTACHMENTS:
1. Resolution No. 26-27 establishing Rules of Procedure and Decorum for the conduct of City Council meetings
2. City Council Policy No. 54 Disruption of Telephonic or Internet Service During Meetings
3. Revised City Council Policy No. 28 Establishing the Procedure for Placement of Items by City Councilmembers on City Council Agenda
4. Rules of Procedure and Decorum Redline
5. Draft Agenda Format
6. SB 707
7. August 25, 2025 Agenda Report No. 6.A. City Council and Commission Meeting Format and Rules of Procedure and Decorum
5 Attachment 1
RESOLUTION NO. 26-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
ESTABLISHING RULES OF PROCEDURE AND DECORUM FOR THE
CONDUCT OF CITY COUNCIL MEETINGS, SETTING THE START AND
FORMAT FOR REGULAR CITY COUNCIL MEETINGS, AND REPEALING RESOLUTION NOS. 98-083 AND 24-39
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. The following rules of procedure and decorum are hereby adopted.
I. Rules for City Councilmembers.
A. Decorum: Members of the City Council shall conduct themselves in an orderly and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the City Council shall maintain a polite respectful and courteous manner when addressing one another, the City staff and members of the public during Council meetings. Members of the City Council shall conduct themselves in accordance with the City’s Code of Conduct for Public Officials.
B. Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, or in the Mayor’s absence the Mayor Pro Tempore, or in the absence of both the Mayor and Mayor Pro Tempore the remaining longest-serving member of the Council shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.
C. Communication between City Councilmembers: Councilmembers should request the floor of the presiding officer before speaking. Councilmembers shall speak in turn and no Councilmember shall speak again until all Councilmembers shall have had the opportunity to speak. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall endeavor to limit their comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates. When one Councilmember is speaking other Councilmembers shall not interrupt or disturb the speaker. During questions and deliberations the presiding officer shall vary the speaking sequence of Councilmembers from item to item.
D. Communication with the Public Addressing the City Council: On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other City Councilmembers, city staff or other members of the public. All requests to speak shall be made to the presiding officer. If a member of the public addresses the Council on a matter 6 Resolution No. 26-27
_____________________
not on the meeting's agenda (during public comment) Councilmembers shall refrain from a discussion of the matter. Public comments requesting specific Council discussion and/or action shall be summarized by the presiding officer following all public comments. Such matters may, at the direction of a majority of the City Council, be placed on a future agenda for discussion and/or action. Comments, proposals for future agenda items, and follow-up questions by Councilmembers should be brief and limited to no more than 10-minutes per Councilmember.
II. Rules for City staff.
A. Decorum: City staff shall not engage in dialogue with members of the public during Council meetings. When addressed by a City Councilmember the staff shall respond in a polite, respectful and courteous manner. All requests to speak shall be made to the presiding officer.
B. Role of the City Manager: The City Manager’s duties during City Council meetings shall include keeping a record of actions requested by the City Council that require staff work. The City Manager shall conduct themselves in accordance with the City’s Code of Conduct for Public Officials.
III. Rules for Members of City Commissions, Boards and Committees.
A. Decorum: Members of City Commissions, Boards and Committees, when addressed by a City Councilmember, shall respond in a polite, respectful and courteous manner.
B. Role: Each advisory Commission, Board or Committee shall send their Chairperson or other designated member to address the Council on any factual inquiries on recommendations made by their Commission, Board or Committee. Chairpersons or designated members should answer such Council questions promptly and specifically.
Members of the City’s Commissions, Boards, and Committees shall conduct themselves in accordance with the City’s Code of Conduct for Public Officials.
IV. Rules for the Public.
A. Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting.
B. Persons Addressing the City Council: Members of the public shall have the opportunity to address the City Council on any items on the City Council agenda that are heard. Public comment will be taken first by those physically in City Council Chambers at the time the item is called. Any person wishing to address the Council in-person should fill 7 Resolution No. 26-27
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out a speaker slip and submit that slip to the Recording Secretary prior to that agenda item being announced by the presiding officer. Members of the public shall have the opportunity to participate remotely. Remote speakers should identify themselves per the instruction on the meeting agenda. Speakers may elect not to provide their true name or other personal information.
No person shall address the City Council without first being recognized by the presiding officer. Members of the public addressing the City Council shall have three minutes to speak on each item on the agenda and also during general public comment for items not on the agenda. Individuals wishing to comment on the Consent Calendar items will have one opportunity speak on the Consent Calendar as a whole; e.g. the items on the consent calendar shall be treated as a single item under these rules instead of as individual items.
The Mayor or the Council, by majority vote, may alter these time limits.
Persons addressing the City Council on a specific agenda item shall confine their remarks to that agenda item. Any public requests for staff comment shall be made to the presiding officer who, in their discretion, may direct such inquiries to the City Manager or City Attorney. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct of, Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting and/or muting in compliance with State Law and the City’s policies.
C. Submission of Written Comments and Presentation Materials: Written comments, including emails, letters, and other written materials, may be submitted in advance of the meeting. The subject of each written comment should refer to an item listed on the agenda for a specific City Council meeting and submitted per the instructions on the agenda. In order to allow for the distribution and review of written materials before the meeting, written comments must be submitted electronically by 10:00 a.m. for regular meetings, or the time indicated on the agenda for special meetings. Written comments so provided will be distributed to the City Council and made available to the public.
Audiovisual presentation materials may be submitted for any item per the instructions on the agenda. Audiovisual presentation materials will not be accepted or displayed for public comment for items not on the agenda. Audiovisual presentation materials must be submitted by 10:00 a.m. for regular meetings, or the time indicated on the agenda for special meetings.
Members of the public wishing to distribute materials to the City Council after the deadlines set forth on the agenda may do so in person by providing eight (8) copies for all Councilmembers, the City Manager, the City Attorney, and the City Clerk.
Written comments and presentation materials for Public Hearings for Land Use 8 Resolution No. 26-27
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Appeals/Applications follow the procedures and deadlines described in Section VIII(A).
V. Enforcement: Upon violation of these Rules, the presiding officer shall request that person violating these rules cease such conduct. If, after a warning from the presiding officer, the person persists in disrupting the meeting, the presiding officer may order the person to leave the City Council meeting and/or mute such person in compliance with State Law and the City’s policies. If the person does not leave the meeting, the presiding officer may order any law enforcement officer on duty to act as Sargent-at-arms and remove the person from the City Council chambers in compliance with State Law and the City’s policies. Any person who resists removal by the Sargent-at-arms may be charged with a violation of these rules as well as any other applicable ordinance or law. If the presiding officer of the City Council fails to enforce these Rules, a majority of the City Council may vote to designate another Councilmember to act as presiding officer who may then enforce these rules. If a meeting of the City Council is disrupted in such a manner as to make infeasible the restoration of order, the presiding officer or a majority of the City Council may exercise the authority granted by State Law and order the meeting room cleared and then continuing the meeting in such a manner as authorized by State Law VI. City Council Agendas.
A. Format: The format of the City Council agendas shall be as follows, unless otherwise re-ordered by Council at a specific meeting.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Closed Session Report
5. Report on Posting of the Agenda
6. Approval of the Agenda
7. Consent Calendar
8. Ceremonial/Presentation(s)
9. Commission/Committee/City Manager Updates
10. Written and Oral Communications from the Public (To be heard no sooner than 6:30 p.m.)
i. General Public Comment – Matters not on the Agenda
ii. City Council Meeting Attendance Reports and Inquiries
11. Ordinances and Public Hearings
12. Old Business
13. New Business
14. Council Items
15. Adjournment
General Public Comment and City Council Reports and Meeting Attendance Reports shall be heard at 6:30 p.m., or as soon thereafter as possible once the current 9 Resolution No. 26-27
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item under discussion is concluded. Any member of the public who wishes to comment on Ceremonial/Presentation matters shall do so during the time reserved for the Consent Calendar
Councilmember reports and inquiries will be limited to 10 minutes per Councilmember. This time is reserved for the Councilmembers to report on their activities, ask staff follow-up questions from public comment, make a brief comment regarding public comments received or request an item be added to a future agenda. Discussion and comments that are not brief are prohibited.
Ceremonial and Presentation items shall be limited to no more than three items at one meeting, and presentations should take no more than 10 minutes each, unless otherwise approved by the City Manager.
B. The schedule for regular City Council meetings is governed by Malibu Municipal Code Section 2.08.010. This section allows the meeting time to be changed by resolution of the City Council. The regular meeting time of the City Council is hereby adopted as follows:
1. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 4:30 p.m. Closed session may be held between 3:30 p.m. and 4:30 p.m. No closed session will be held during said hours unless the posted agenda of the regular meeting indicates that such sessions will take place; in the absence of such notification, the regular meeting shall commence at the hour of 4:30 p.m.
2. Prompt Call to Order at 4:30 p.m. and adjournment by 10:30 p.m. a. The City Council shall start their regular meetings promptly at 4:30 p.m. The City Council shall not hear any new items of business after 10:30 p.m. unless two-thirds of City Councilmembers vote to do so.
C. Placement of Items on a City Council Meeting Agenda by a Councilmember: All items to be placed on a City Council meeting agenda must be submitted to the City Manager not later than twelve days preceding the City Council meeting. Individual City Councilmembers must submit a brief report to the Council explaining their item and supporting materials for the items by this deadline. To avoid overloading the staff or the Council agenda, individual Councilmembers should not submit more than one agenda item per Council meeting. The City Manager shall be responsible for scheduling all other agenda items submitted by City staff, consultants or recommendations from City Commissions, Boards or Committees unless otherwise specifically directed by a majority of the City Council at a public meeting.
VII. Robert’s Rules Of Order.
10 Resolution No. 26-27
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In all matters and things not otherwise provided for herein, the proceedings of the City Council shall be governed by “Robert’s Rules Of Order, Newly Revised.” as amended by State law. Councilmembers should familiarize themselves with rules concerning making main motions, making motions to amend, postpone (continue to date certain or indefinitely), table or refer to staff, subcommittee or another body, calling the previous question (to close debate) or recess (break), rising to points or order (procedure), personal privilege (too noisy, personal insult) or information and motions to reconsider a matter already decided by the Council, divide motion(s), ask for a roll call vote, suspend the rules, overrule the chair, move the agenda and adjourn. However, no action of the City Council shall be invalidated or the legality thereof affected by the failure or omission to observe or follow Robert’s Rules of Order.
VIII. Public Hearings.
A. Public Hearings for Land Use Appeals/Applications
At the start of each public hearing required by law, the presiding officer shall announce the item for the public hearing and then introduce the staff report. Following the staff report, the applicants, appellants, and/or their representatives shall speak first and have fifteen (15) minutes to do so, any portion of which may be used for rebuttal. When more than one separate appeal is filed, the applicant shall receive an additional 10 minutes, for each appeal, that may be allocated between their presentation and rebuttal.
Following the initial presentations from the appellant and applicant, members of the public shall have the opportunity to address the City Council following the normal rules for public comment. Following all public testimony, the presiding officer shall recognize Councilmembers who have questions for any of the speakers, members of the public in attendance, chairpersons or a designated representative of city commissions, boards or committees, city staff or consultants. Following the conclusion of such questions, the presiding officer shall allow the appellant and the applicant their remaining time for rebuttal. Following the rebuttal, the presiding officer shall close the public hearing and then allow each Councilmember to state his/her opinion on the item before asking for a motion to decide the matter.
Agenda reports for land use appeals/applications shall be posted thirty (30) days in advance of the hearing. Any written comments or audiovisual materials for the hearing from the applicants, appellants, and/or their representatives, including any that they intend to present at the hearing, must be submitted ten (10) business days in advance, as indicated on the agenda. Any written comments or audiovisual materials from members of the public, including any that they intend to present at the hearing, must be submitted three (3) business days in advance, as indicated on the agenda. These deadlines may be modified at the discretion of the City Manager and City Clerk.
Modifications to the deadlines shall be indicated on the meeting agenda. No additional materials from any party or the public will be accepted after the deadlines indicated on 11 Resolution No. 26-27
_____________________
the agenda.
B. Other Public Hearings Required by Law
Ordinances and other legislative actions which require noticed public hearings will be scheduled accordingly. When a matter for public hearing comes before the City Council, the presiding officer shall open the public hearing and follow the process as legally required.
IX. Suspension of the Rules.
Any provision of these Rules not already governed by the City ordinance or State Law may be suspended by majority vote of the City Council.
SECTION 2. This resolution supersedes and replaces Resolution Nos. 98-083 and 24-39.
SECTION 3. This resolution shall take effect July 1, 2026.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2026. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
12 City of Malibu
Attachment 2 Recycled Paper
City Council Policy
Policy #54
__________________________________________________________________ Title: Disruption of Telephonic or Internet Service During Meetings Purpose:
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely.
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Malibu, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.
Policy Statement:
1. Definitions
“Service Disruption” means any failure, outage, or other interruption to the agency’s remote access services that prevents members of the public from participating in a City Council meeting through the remote access service.
“Disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Malibu
b. Engaging in behavior that constitutes use of force or a true threat of force. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. 13 Policy #54
__________________________________________________________________ Recycled Paper
“True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
2. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City of Malibu is a party.
b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of Malibu and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City if Malibu, provided that the topic of the meeting is limited to items directly related to the facility. e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.
3. Remote Public Access Generally
When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two-way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location.
If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting.
If a two-way audiovisual platform is used, the City Council shall:
a. Publicly post and provide a call-in option as well; and b. Activate any automatic captioning function that is available in the audiovisual platform.
If a two-way audiovisual platform is not provided, the City Council shall provide a two-way telephonic service.
Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment. 14 Policy #54
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4. Response to Service Disruption
If the Mayor or City Clerk becomes aware of a service disruption:
a. The Mayor or City Clerk shall immediately announce the service disruption to the public. b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act. The recess shall last for one hour or until service is restored, whichever is earlier. Alternatively, the Council may adjourn the meeting and continue all items to a future date.
c. During the recess, City staff shall make a good faith effort to diagnose and restore the disrupted service.
5. Reconvening the Open Session
After the expiration of the hour, if service has not been restored, the Mayor or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn the meeting;
b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Malibu has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.
6. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including:
• The nature and time of the service disruption;
• The time the meeting was reconvened (if applicable);
• Any finding adopted pursuant to Section 7.
7. Response to Members of the Public Disrupting a Meeting 15 Policy #54
__________________________________________________________________ Recycled Paper
If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Mayor or City Clerk shall warn the person who is participating through remote access services that he or she is disrupting the meeting and his or her failure to cease that behavior may result in his or her removal.
b. If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to:
i. mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or ii. remove the individual from the meeting if paragraph (a) does not address the disrupting behavior or is not available using the remote access service.
8. Other Disruptions
The City of Malibu is in a Very High Fire Hazard Severity Zone and is therefore frequently subject to Public Safety Power Shutoff (PSPS) events. In some instances, these events may affect a significant portion of the City’s residents without disrupting the City’s remote access services. If a PSPS event occurs on the day of a scheduled City Council meeting, City staff will evaluate whether the outage impacts more than 30% of the residential customers in the City of Malibu. This evaluation will be based on the most recent customer report requested from Southern California Edison. If the outage exceeds this threshold, the City Clerk, in consultation with the City Manager, may adjourn or cancel the meeting.
9. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.
Date Adopted:
May 26, 2026
16 City of Malibu
Attachment 3 Recycled Paper
City Council Policy
Policy #28
__________________________________________________________________ Title: Placement of Items by City Councilmembers on City Council Agendas Purpose: To establish the means by which individual members of the City Council may place an item on a City Council agenda for consideration
Policy Statement:
Individual members of the City Council may place an item on a City Council agenda for consideration by the Council when less than one hour of staff work is involved in preparing the item by providing agenda back-up material to the staff. When more than one hour of staff work is to be required to prepare necessary back-up materials, the individual member may submit a written or verbal request at the City Council meeting for a vote to have the matter placed on a future agenda for consideration.
Implementation:
Resolution No. 26-27 requires that items to be placed on the agenda must be submitted to the City Manager not later than twelve days before the regular City Council meeting. A written request for the item to be placed on the agenda, in the case where it is estimated that staff work to prepare background material will exceed one hour, shall be forwarded to each member of the City Council and included in the final agenda packet available to the general public at the meeting. In the case of back-up material submitted for an item which will take less than one hour of staff time to prepare, both the back-up material and the staff work related to the item will be forwarded to each member of the City Council and included in the final agenda packet available to the general public at the meeting.
Date Adopted:
January 12, 1998
Date Amended:
May 26, 2026
17 Rules of Procedure and Decorum Redline
SECTION 1. The following rules of procedure and decorum are hereby adopted.
I. Rules for City Councilmembers.
A. Decorum: Members of the City Council shall conduct themselves in an orderly and business-like manner to ensure that the business of the City shall be attended to efficiently and throughlythoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the City Council shall maintain a polite respectful and courteous manner when addressing one another, the City staff and members of the public during Council meetings. Members of the City Council shall conduct themselves in accordance with the City’s Code of Conduct for Public Officials.
B. Role of the Presiding Officer: The presiding officer of the City Council., who shall be the Mayor, or in the Mayor’s absence the Mayor Pro Tempore, or in the absence of both the Mayor and Mayor Pro Tempore the remaining longest-serving member of the Council shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Council MembersCouncilmembers, between the Council and the public and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.
C. Communication between City Councilmembers: Councilmembers should request the floor of the presiding officer before speaking. Councilmembers shall speak in turn and no Councilmember shall speak again until all Councilmembers shall have had the opportunity to speak. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall endeavor to limit their comments to the subject matter at hand.
Councilmembers should endeavor to express their views without engaging in lengthy debates. When one Councilmember is speaking other Councilmembers shall not interrupt or disturb the speaker. During questions and deliberations the presiding officer shall vary the speaking sequence of Councilmembers from item to item.
D. Communication with the Public Addressing the City Council: On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other City Councilmembers, city staff or other members of the public. All requests to speak shall be made to the presiding officer. If a member of the public addresses the Council on a matter not on the meeting's agenda (during public comment) Councilmembers shall refrain from a discussion of the matter. Public comments requesting specific Council discussion and/or action shall be summarized by the presiding officer following all public comments. Such matters may, at the direction of a majority of the City Council, be placed on a future agenda for discussion and/or action. Comments, proposals for future agenda items, and follow-up Attachment 4
18 Rules of Procedure and Decorum Redline
questions by Councilmembers should be brief and limited to no more than 10-minutes per Councilmember.
II. Rules for City staff.
A. Decorum: City staff shall not engage in dialogue with members of the public during Council meetings. When addressed by a City Councilmember the staff shall respond in a polite, respectful and courteous manner. All requests to speak shall be made to the presiding officer.
B. Role of the City Manager: The City Manager’s duties during City Council meetings shall include keeping a record of actions requested by the City Council that require staff work. The City Manager shall conduct themselves in accordance with the City’s Code of Conduct for Public Officials.
III. Rules for Members of City Commissions, Boards and Committees.
A. Decorum: Members of City Commissions, Boards and Committees, when addressed by a City Councilmember, shall respond in a polite, respectful and courteous manner.
B. Role: Each advisory Commission, Board or Committee shall send their Chairperson or other designated member to address the Council on any factual inquiries on recommendations made by their Commission, Board or Committee. Chairpersons or designated members should answer such Council questions promptly and specifically.
Members of the City’s Commissions, Boards, and Committees shall conduct themselves in accordance with the City’s Code of Conduct for Public Officials.
IV. Rules for the Public.
A. Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting.
B. Persons Addressing the City Council: Members of the public shall have the opportunity to address the City Council on any items on the City Council agenda that are heard. Public comment will be taken first by those physically in City Council Chambers at the time the item is called. Any person wishing to address the Council on a item before the Council in-person should fill out a speaker slip, which shall include the name, address and issue being addressed, and submit that slip to the Recording Secretary prior to that agenda item being announced by the presiding officer. Members of the public shall have the opportunity to participate remotely. Remote speakers should identify themselves per the instruction on the meeting agenda. Speakers may elect not to provide their true name or other personal information.
19 Rules of Procedure and Decorum Redline
No person shall address the City Council without first being recognized by the presiding officer. Members of the public addressing the City Council shall have three minutes to speak. The Council may, by majority vote, alter this time limit. on each item on the agenda and also during general public comment for items not on the agenda. Individuals wishing to comment on the Consent Calendar items will have one opportunity speak on the Consent Calendar as a whole; e.g. the items on the consent calendar shall be treated as a single item under these rules instead of as individual items. The Mayor or the Council, by majority vote, may alter these time limits.
Persons addressing the City Council on a specific agenda item shall confine their remarks to that agenda item. Any public requests for staff comment shall be made to the presiding officer, who, in their discretion, may then direct such inquiries to the City Manager or City Attorney as appropriate. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct orof, Council meetings.
Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting and/or muting in compliance with State Law and the City’s policies.
C. Submission of Written Comments and Presentation Materials: Written comments, including emails, letters, and other written materials, may be submitted in advance of the meeting. The subject of each written comment should refer to an item listed on the agenda for a specific City Council meeting and submitted per the instructions on the agenda. In order to allow for the distribution and review of written materials before the meeting, written comments must be submitted electronically by 10:00 a.m. for regular meetings, or the time indicated on the agenda for special meetings. Written comments so provided will be distributed to the City Council and made available to the public.
Audiovisual presentation materials may be submitted for any item per the instructions on the agenda. Audiovisual presentation materials will not be accepted or displayed for public comment for items not on the agenda. Audiovisual presentation materials must be submitted by 10:00 a.m. for regular meetings, or the time indicated on the agenda for special meetings.
Members of the public wishing to distribute materials to the City Council after the deadlines set forth on the agenda may do so in person by providing eight (8) copies for all Councilmembers, the City Manager, the City Attorney, and the City Clerk.
Written comments and presentation materials for Public Hearings for Land Use Appeals/Applications follow the procedures and deadlines described in Section VIII(A).
V. Enforcement: Upon violation of these Rules, the presiding officer shall request that person violating these rules cease such conduct. If, after a warning from the presiding officer, the person persists in disrupting the meeting, the presiding officer shallmay order the person 20 Rules of Procedure and Decorum Redline
to leave the City Council meeting and/or mute such person in compliance with State Law and the City’s policies. If the person does not leave the meeting, the presiding officer may order any law enforcement officer on duty to act as Sargent-at-arms and remove the person from the City Council chambers. in compliance with State Law and the City’s policies.
Any person who resists removal by the Sargent-at-arms may be charged with a violation of these rules as well as any other applicable ordinance or law. If the presiding officer of the City Council fails to enforce these Rules, as a majority vote of the City Council may vote to designate another Councilmember to act as presiding officer andwho may then enforce these rules. If a meeting of the City Council is disturbeddisrupted in such a manner as to make infeasible the restoration of order, the presiding officer or a majority of the City Council may exercise the authority granted by California Government Code Section 54057.9 by orderingState Law and order the meeting room cleared and then continuing the meeting in such a manner as authorized by Section 54957.9State Law VI. City Council Agendas.
A. The following format for regular City Council agendas is hereby adopted:
A. Format: The format of the City Council agendas shall be as follows, unless otherwise re-ordered by Council at a specific meeting.
A.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Closed Session Report
5. Report on Posting of the Agenda
6. Approval of the Agenda
7. Consent Calendar
8. Ceremonial/Presentation(s)
9. Commission/Committee/City Manager Updates
10. Written and Oral Communications from the Public (To be heard no sooner than 6:30 p.m.)
i. General Public Comment – Matters not on the Agenda
11.ii. City Council Meeting Attendance Reports and Inquiries
12.11. Ordinances and Public Hearings
13.12. Old Business
14.13. New Business
15.14. Council Items
16.15. Adjournment
General Public Comment and City Council Reports and Meeting Attendance Reports shall be heard at 6:30 p.m., or as soon thereafter as possible once the current item under discussion is concluded. Any member of the public who wishes to comment on Ceremonial/Presentation matters shall do so during the time reserved for the Consent Calendar
21 Rules of Procedure and Decorum Redline
Councilmember reports and inquiries will be limited to 10 minutes per Councilmember. This time is reserved for the Councilmembers to report on their activities, ask staff follow-up questions from public comment, make a brief comment regarding public comments received or request an item be added to a future agenda. Discussion and comments that are not brief are prohibited.
Ceremonial and Presentation items shall be limited to no more than three items at one meeting, and presentations should take no more than 10 minutes each, unless otherwise approved by the City Manager.
B. The start timeThe schedule for regular City Council meetings is governed by Malibu Municipal Code Section 2.08.010. This section allows the meeting time to be changed by resolution of the City Council. The regular meeting time of the City Council is hereby adopted as follows:
A.1. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 54:30 p.m. Closed session may be held between 43:30 p.m. and 54:30 p.m. No closed session will be held during said hours unless the posted agenda of the regular meeting indicates that such sessions will take place; in the absence of such notification, the regular meeting shall commence at the hour of 4:30 p.m.
B.2. Prompt Call to Order at 54:30
p.m. and adjournment by 10:30 p.m.
a. The City Council shall start their regular meetings promptly at 54:30 p.m. The City Council shall not hear any new items of business after 10:30 p.m. unless two-thirds of City Councilmembers vote to do so. 22 C. B. Placement of Items on a City Council Meeting Agenda by a Councilmember:
All items to be placed on a City Council meeting agenda must be submitted to the City Manager not later than twelve days preceding the City Council meeting.
Individual City Councilmembers must submit a brief report to the Council explaining their item and supporting materials for the items by this deadline. To avoid overloading the staff or the Council agenda, individual Councilmembers should not submit more than one agenda item per Council meeting. All such individual Councilmember agenda items shall be placed at the end of New Business. The City Manager shall be responsible for scheduling all other agenda items submitted by City staff, consultants or recommendations from City Commissions, Boards or Committees unless otherwise specifically directed by a majority of the City Council at a public meeting. Any detailed review of City Council goals/objectives or City departments, programs or services should take place at the City Councils’s Quarterly Review Meetings.
VII. Robert’s Rules Of Order.
In all matters and things not otherwise provided for herein, the proceedings of the City Council shall be governed by “Robert’s Rules Of Order, Newly Revised.” as amended by State law. Councilmembers should familiarize themselves with rules concerning making main motions, making motions to amend, postpone (continue to date certain or indefinitely), table or refer to staff, subcommittee or another body, calling the previous question (to close debate) or recess (break), rising to points or order (procedure), personal privilege (too noisy, personal insult) or information and motions to reconsider a matter already decided by the Council, divide motion(s), ask for a roll call vote, suspend the rules, overrule the chair, move the agenda and adjourn. However, no action of the City Council shall be invalidated or the legality thereof affected by the failure or omission to observe or follow Robert’s Rules of Order.
VIII. Public Hearings Required by Law.
A. Public Hearings for Land Use Appeals/Applications
At the start of each public hearing required by law, the presiding officer shall announce the item for the public hearing and then introduce the staff report. Following the staff report, the applicants, appellantappellants, and/or their representatives shall speak first and have fifteen (15) minutes to do so, any portion of which may be used for rebuttal.
Each person addressing the City Council other than the applicant/appellant shall have three (3) minutes to speak. Any representative(s) or person(s) who is/are representing or speaking on behalf of the adopted position of a bonafide organization shall have five (5) minutes total to speak. The presiding officer may increase up to eight (8) minutes the time allotted to such representatives provided that all members of that organization in attendance agree to refrain speaking themselves on the matter. When more than one separate appeal is filed, the applicant shall receive an additional 10 minutes, for each appeal, that may be allocated between their presentation and rebuttal. Following the initial presentations from the appellant and applicant, members of the public shall have the opportunity to address the City Council following the normal rules for public comment. Following all public testimony, the presiding officer shall recognize Councilmembers who have questions for any of the speakers, members of the public in attendance, chairpersons or a designated representative of city commissions, boards or committees, city staff or consultants. Following the conclusion of such questions, the 23 presiding officer shall allow the appellant and the applicant/appellant their remaining time for rebuttal. Following the rebuttal, the presiding officer shall close the public hearing and then allow each Councilmember to state his/her opinion on the item before asking for a motion to decide the matter.
X. Agenda reports for land use appeals/applications shall be posted thirty (30) days in advance of the hearing. Any written comments or audiovisual materials for the hearing from the applicants, appellants, and/or their representatives, including any that they intend to present at the hearing, must be submitted ten (10) business days in advance, as indicated on the agenda. Any written comments or audiovisual materials from members of the public, including any that they intend to present at the hearing, must be submitted three (3) business days in advance, as indicated on the agenda. These deadlines may be modified at the discretion of the City Manager and City Clerk.
Modifications to the deadlines shall be indicated on the meeting agenda. No additional materials from any party or the public will be accepted after the deadlines indicated on the agenda.
B. Other Public Hearings Required by Law
Ordinances and other legislative actions which require noticed public hearings will be scheduled accordingly. When a matter for public hearing comes before the City Council, the presiding officer shall open the public hearing and follow the process as legally required.
IX. Suspension of the Rules.
Any provision of these Rules not already governed by the City ordinance or State Law may be suspended by majority vote of the City Council.
24 .\45021135.1
Attachment 5
Malibu City Council
Regular Meeting Agenda
Monday, Month XX, 2026
4:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/XXXXXXXXXXX
GUIDE TO THE CITY COUNCIL PROCEEDINGS AND DECORUM
ROLE OF THE PRESIDING OFFICER: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.
On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.
MEMBERS OF THE AUDIENCE: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.
MEETING PARTICIPATION: Members of the public may participate in-person or remotely via Zoom Webinar. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. To join by phone: Dial 1-669-900-6833 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
XXX XXX XXXX. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform, please press the raise your hand icon and the unmute button when prompted.
If you would like to speak in-person, you must complete and submit to the Recording Secretary a Request to Speak form at the meeting prior to the beginning of the item being announced by the Mayor.
Members of the public will have the opportunity to speak on items on the agenda and general public comment regarding matters which are not listed on the agenda, but are under the subject matter jurisdiction of the City 25 .\45021135.1
City Council Regular Meeting Agenda Page - 2 - Month XX, 2026 Council. No action may be taken on such items, except ask Staff a question or place an item on a future agenda, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Remote and in-person participants will have three (3) minutes to speak on each item on the agenda and general public comment. For items on the agenda, in-person participants may also surrender their time to speak on an item on the agenda by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.
Members of the public are encouraged to submit email correspondence to [email protected]. Written comments must be submitted electronically by 10:00 a.m. the day of the meeting. Correspondence received by this deadline will be distributed to the Councilmembers in advance of the meeting and included in the record.
Please include the Agenda Item Number in the subject.
Requests to show an audio or video presentation for an item on the agenda during a Council meeting must be sent to [email protected] by 10:00 a.m. the day of the meeting. Audio or video presentations will not be accepted for general public comment.
Members of the public wishing to distribute materials to the City Council after these deadlines may do so by providing eight (8) copies to the Recording Secretary at the meeting.
PUBLIC HEARINGS: For Public Hearings involving land use appeals/applications the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. Following the initial presentations from the appellant and applicant and public testimony Councilmembers may address questions to any of the speakers, members of the public in attendance, chairpersons or a designated representative of city commissions, boards or committees, city staff or consultant. Following the question period, the appellant and applicant will have the opportunity to present rebuttal before the public hearing is closed.
Any written comments or audiovisual materials for the hearing from the applicants, appellants, and/or their representatives, including any that they intend to present at the hearing, must be submitted ten (10) business days in advance, by X:XX p.m. on Month XX, 2026. Any written comments or audiovisual materials from members of the public, including any that they intend to present at the hearing, must be submitted three (3) business days in advance, by X:XX p.m. on Month XX, 2026. No additional materials from any party or the public will be accepted after these deadlines. All materials should be emailed to [email protected].
VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video, www.youtube.com/CityofMalibu, and via Zoom Webinar.
Four-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda
Approval of Agenda
26 .\45021135.1
City Council Regular Meeting Agenda Page - 3 - Month XX, 2026
1. Consent Calendar
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. Items in Consent Calendar Section B have not been discussed previously by the Council. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the Consent Calendar.
A. Previously Discussed Items
None.
B. New Items
None.
2. Ceremonial/Presentations
None.
3. Commission / Committee / City Manager Updates
4. Written and Oral Communications from the Public (Hearing Time: 6:30 p.m.) Oral communications shall be heard at 6:30 p.m., or as soon thereafter as possible once the current item under discussion is concluded. Councilmember meeting attendance reports and inquiries will be limited to 10 minutes per Councilmember to report on their activities and ask staff follow-up questions from public comment.
A. General Public Comment – Matters Not on the Agenda
B. City Council Subcommittee reports / Mayor and Councilmember meeting attendance reports and inquiries
5. Ordinances and Public Hearings
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time.
None.
6. Old Business
Old Business items have appeared on previous agendas with no final action having been taken.
None.
7. New Business
New Business items are appearing for the first time for formal action.
None.
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City Council Regular Meeting Agenda Page - 4 - Month XX, 2026
8. Council Items
City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.
None.
Adjournment
Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Community Development Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this Xth day of Month 2025 at X:XX p.m.
Kelsey Pettijohn, City Clerk
28 SHARE THIS: Date Published: 10/06/2025 02:00 PM
SB-707 Open meetings: meeting and teleconference requirements. (2025-2026) Senate Bill No. 707
CHAPTER 327
An act to amend Sections 54952.7, 54953, 54953.5, 54953.7, 54954.2, 54954.3, 54956, 54956.5, 54957.6, 54957.9, and 54957.95 of, to amend and repeal Section 54952.2 of, to add Sections 54953.8, 54953.8.1, 54953.8.2, and 54957.96 to, and to add and repeal Sections 54953.4, 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, and 54953.8.7 of, the Government Code, relating to local government.
[ Approved by Governor October 03, 2025. Filed with Secretary of State October 03, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 707, Durazo. Open meetings: meeting and teleconference requirements. (1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate.
This bill would, beginning July 1, 2026, and until January 1, 2030, require an eligible legislative body, as defined, to comply with additional meeting requirements, including that, except as specified, all open and public meetings include an opportunity for members of the public to attend via a 2-way telephonic service or a 2-way audiovisual platform, as defined, and that the eligible legislative body take specified actions to encourage residents to participate in public meetings, as specified. The bill would require an eligible legislative body, on or before July 1, 2026, to approve at a noticed public meeting in open session a policy regarding disruption of telephonic or internet services occurring during meetings subject to these provisions, as specified, and would require the eligible legislative body to comply with certain requirements relating to disruption, including for certain disruptions, recessing the open session for at least one hour and making a good faith attempt to restore the service, as specified.
(2) Existing law prohibits a majority of the members of a legislative body, outside a meeting authorized by the act, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. Existing law defines “meetings” for these purposes to mean any congregation of a majority of the members of a legislative body at the same time and location, as specified, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. Until January 1, 2026, existing law excepts from the prohibition a member engaging in separate conversations or communications outside of a meeting with any other person using an internet-based social media platform for specified purposes, provided, among other things, that a Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 1/25 Attachment 6 29 majority of the members do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body.
This bill would make the above-described exception related to communications on an internet-based social media platform applicable indefinitely.
(3) Existing law requires a legislative body, prior to taking final action, to orally report a summary of a recommendation for a final action on specified forms of compensation for a local agency executive, as defined, during the open meeting in which the final action is to be taken.
This bill would also require the legislative body to make that oral report, as provided above, prior to taking final action on those specified forms of compensation for a department head or other similar administrative officer of the local agency.
(4) Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified.
This bill would, beginning July 1, 2026, and until July 1, 2030, require the agenda for each meeting of an eligible legislative body, as defined, to be translated into all applicable languages. The bill would define “applicable languages” to mean languages, according to data from the most recent American Community Survey, spoken jointly by 20% or more of the applicable population, as specified, provided that 20% or more of the population that speaks that language that in that city or county speaks English less than “very well,” as specified, and except as provided.
Existing law requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest of the public, as specified. Existing law specifies that the agenda is not required to provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, as specified, except if the item has been substantially changed since the committee heard the item, as determined by the legislative body.
This bill would add certain exceptions to the provision related to an item that has already been considered by a committee, including excepting committees whose primary subject matter jurisdiction focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals, except as specified. (5) Existing law authorizes a legislative body of a local agency to require a copy of the act to be given to each member of the legislative body and specified persons elected to serve as a member of the legislative body, and authorizes an elected legislative body member to require a copy to be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body.
This bill would instead require a local agency to provide a copy of the act to any person elected or appointed to serve as a member of a legislative body of the local agency.
Existing law authorizes legislative bodies of local agencies to impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in the act, and authorizes an elected legislative body of a local agency to also impose those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body.
This bill would remove the above-described requirement that members of an appointed legislative body of a local agency must be appointed by or under the authority of the elected legislative body of a local agency in order for the elected legislative body to impose the above-described requirements on the appointed legislative body. (6) Existing law provides any person attending an open and public meeting of a legislative body of a local agency with the right to record the proceedings with an audio or visual recorder or a still or motion picture camera, as specified.
This bill would remove the reference to an audio or visual recorder or a still or motion picture camera for purposes of recording the proceedings, as described above. (7) Existing law authorizes a legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 2/25 30 teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified.
Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50% of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction.
Existing law authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a member’s need to participate remotely due to just cause, defined to include, among other things, a need related to a physical or mental disability, or emergency circumstances, as defined, if certain quorum and disclosure requirements are met.
Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and student body associations and student-run community college organizations to, until January 1, 2026, use alternate teleconferencing if, among other requirements, the city council or board of trustees, as applicable, has adopted an authorizing resolution and 2
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of the neighborhood city council or specified student organization, as applicable, votes to use alternate teleconference provisions, as specified.
This bill would revise and recast the above-specified teleconferencing and alternative teleconferencing provisions to uniformly apply certain noticing, disclosure, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with, in addition to any other applicable requirements under the act, specified requirements, including that the legislative body provides at least either 2-way audiovisual platform or 2-way telephonic service and a live webcasting of the meeting as a means by which the public may, among other things, remotely hear and visually observe the meeting, and that a member of the legislative body who participates in a teleconference meeting from a remote location pursuant to these alternative teleconferencing provisions and the specific provision of law that the member relied upon to permit their participation by teleconferencing are listed in the minutes of the meeting. The bill would require a local agency to identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings.
The bill would specify that nothing in the bill’s provisions is to be construed to prohibit a member of a legislative body with a disability, as defined, from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law. The bill would apply certain provisions relative to, among other things, quorum establishment to that circumstance.
The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions.
The bill would revise and recast the alternative teleconferencing provisions applicable in a state of emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance in which a legislative body of a local agency is authorized to use the alternative teleconferencing provisions.
The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a member’s need to participate remotely due to just cause or emergency circumstances, as defined, to remove the provision applicable to emergency circumstances, to revise related definitions, including broadening the definition of just cause to include, among other things, a physical or family medical emergency that prevents a member from attending in person, and to require the minutes for a meeting to identify the specific provision of law that each member relied upon to participate remotely, as specified. The bill would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.
The bill would revise and recast the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations. In regards to the alternative 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 3/25 31 teleconferencing provisions applicable to student body associations and student-run community college organizations, the bill would exempt the California Online Community College from specified requirements for an in-person quorum, a physical location for public participation, and certain accommodations under the authorization, and remove the ability for a person with a disability that requires certain accommodations to count towards the in-person quorum requirement. The bill would specify that the student body associations and student-run community college organizations described above are those in any community college recognized within the California Community Colleges system, and would extend the authorization to the Student Senate for California Community Colleges. The bill would extend the authorization to use the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations until January 1, 2030.
The bill would, until January 1, 2030, also authorize a specified subsidiary body of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the subsidiary body designates one physical meeting location within the boundaries of the legislative body that created the subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting, as specified.
The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the eligible multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use teleconferencing at a regular meeting in open session.
The bill would specify that these teleconferencing provisions are cumulative, and would authorize a legislative body to elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting.
Existing law defines “teleconference” for purposes of the authorization for a legislative body of a local agency to use teleconferencing to mean a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
This bill would specify that “teleconference” does not include the attendance of one or more members of a legislative body in a meeting of the body solely by watching or listening via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters. (8) Existing law authorizes a special meeting to be called any time by, among other persons, the presiding officer of the legislative body of a local agency, by delivering specified written notices and posting a notice on the local agency’s internet website, if the local agency has one. Existing law requires specified legislative bodies to comply with the internet website posting requirement.
The bill would remove the requirement that only specified legislative bodies comply with the internet website posting requirement, thereby imposing that requirement on all legislative bodies. (9) Existing law authorizes a legislative body of a local agency to hold an emergency meeting without complying with specified notice and posting requirements in the case of emergency circumstances, as specified, and imposes various requirements under these provisions applicable to either legislative bodies generally or legislative bodies which are a school board.
This bill would remove the school board distinction from the above-described provisions, thereby imposing the same requirements to hold an emergency meeting on all legislative bodies of local agencies.
By imposing additional duties on legislative bodies of local agencies, the bill would impose a state-mandated local program.
(10) Existing law authorizes, in addition to other related specified authorizations, the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting the meeting. Existing law defines “disrupting” for these purposes to mean engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, as specified.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 4/25 32 This bill would specify that a meeting for purposes of that provision includes any teleconferenced meeting. The bill would specify that the existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, as specified, applies to members of the public participating in a meeting via a 2-way telephonic service or a 2-way audiovisual platform, as those terms are defined. (11) The bill would make other updates to references in the act. (12) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (13) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (14) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (15) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54952.2 of the Government Code, as amended by Section 1 of Chapter 89 of the Statutes of 2020, is amended to read:
54952.2. (a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond 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 made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 5/25 33 (i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).
(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.
SEC. 2. Section 54952.2 of the Government Code, as added by Section 2 of Chapter 89 of the Statutes of 2020, is repealed.
SEC. 3. Section 54952.7 of the Government Code is amended to read:
54952.7. A local agency shall provide a copy of this chapter to any person elected or appointed to serve as a member of a legislative body of the local agency.
SEC. 4. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 6/25 34 meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as expressly provided in this chapter.
(4) The teleconferencing requirements of this subdivision shall not apply to remote participation described in subdivision (c).
(c) (1) Nothing in this chapter shall be construed to prohibit a member of a legislative body with a disability from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law.
(2) A member of a legislative body participating in a meeting by remote participation pursuant to this subdivision shall do both of the following:
(A) The member shall participate through both audio and visual technology, except that any member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera. (B) The member shall disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any of those individuals. (3) Remote participation under this subdivision shall be treated as in-person attendance at the physical meeting location for all purposes, including any requirement that a quorum of the legislative body participate from any particular location. The provisions of subdivision (b) and Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this subdivision. (d) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) (A) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of either of the following during the open meeting in which the final action is to be taken:
(i) A local agency executive, as defined in subdivision (d) of Section 3511.1. (ii) A department head or other similar administrative officer of the local agency. (B) This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 7/25 35 process of developing the recommendation.
(e) For purposes of this section, both of the following definitions apply:
(1) “Disability” means a physical disability or a mental disability as those terms are defined in Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42 of the United States Code. (2) (A) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (B) Notwithstanding subparagraph (A), “teleconference” does not include one or more members watching or listening to a meeting via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters. (3) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting.
SEC. 5. Section 54953.4 is added to the Government Code, to read:
54953.4. (a) The Legislature finds and declares that public access, including through translation of agendas as required by this section, is necessary for an informed populace. The Legislature encourages local agencies to adopt public access requirements that exceed the requirements of this chapter by translating additional languages, employing human translators, and conducting additional outreach. (b) (1) In addition to any other applicable requirements of this chapter, a meeting held by a eligible legislative body pursuant to this chapter shall comply with both of the following requirements:
(A) (i) (I) (ia) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting. (ib) (Ia) On or before July 1, 2026, an eligible legislative body shall approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service. (Ib) If a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. (Ic) Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access.
(II) Subclause (I) does not apply to a meeting that is held to do any of the following:
(ia) Attend a judicial or administrative proceeding to which the local agency is a party. (ib) Inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property.
(ic) Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 8/25 36 (id) Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
(ie) Meet in an emergency situation pursuant to Section 54956.5. (ii) If an eligible legislative body elects to provide a two-way audiovisual platform, the eligible legislative body shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual platform.
If an eligible legislative body does not elect to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-way telephonic service for the public to participate in the meeting, pursuant to subclause (I).
(B) (i) All open and public meetings for which attendance via a two-way telephonic service or a two-way audiovisual platform is provided in accordance with paragraph (1) shall provide the public with an opportunity to provide public comment in accordance with Section 54954.3 via the two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person.
(2) (A) An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body shall publicize instructions on how to request assistance under this subdivision. Assistance may include any of the following, as determined by the eligible legislative body:
(i) Arranging space for one or more interpreters at the meeting location. (ii) Allowing extra time during the meeting for interpretation to occur. (iii) Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. (B) This section does not require an eligible legislative body to provide interpretation of any public meeting, however, an eligible legislative body may elect to provide interpretation of any public meeting. (C) The eligible legislative body is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. An action shall not be commenced or maintained against the eligible legislative body arising from the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. (3) An eligible legislative body shall take the following actions to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings:
(A) Have in place a system for electronically accepting and fulfilling requests for meeting agendas and documents pursuant to Section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using this system shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (B) (i) Create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information:
(I) A general explanation of the public meeting process for the eligible legislative body. (II) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment. (III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.
(IV) The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section 54954.2. (ii) The eligible legislative body shall include a link to the webpage required by subparagraph (A) on the home page of the eligible legislative body’s internet website. 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 9/25 37 (C) (i) Make reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings, which may include, but are not limited to, all the following:
(I) Media organizations that provide news coverage in the jurisdiction of the eligible legislative body, including media organizations that serve non-English-speaking communities. (II) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities. (ii) Legislative bodies shall have broad discretion in the choice of reasonable efforts they make under this subparagraph. No action shall be commenced or maintained against an eligible legislative body arising from failing to provide public meeting information to any specific group pursuant to this subparagraph. (c) (1) (A) The agenda for each meeting of an eligible legislative body shall be translated into all applicable languages, and each translation shall be posted in accordance with Section 54954.2. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internetbased service option, including any requirements for registration for public comment. (B) The accessible internet webpage provided under subparagraph (B) of paragraph (3) of subdivision (b) shall be translated into all applicable languages, and each translation shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (2) A translation made using a digital translation service shall satisfy the requirements of paragraph (1). (3) The eligible legislative body shall make available a physical location that is freely accessible to the public in reasonable proximity to the physical location in which the agenda and translations are posted as described in paragraph (1), and shall allow members of the public to post additional translations of the agenda in that location.
(4) The eligible legislative body is not responsible for the content or accuracy of any translation provided pursuant to this subdivision. No action shall be commenced or maintained against an eligible legislative body arising from the content, accuracy, posting, or removal of any translation provided by the eligible legislative body or posted by any person pursuant to this subdivision. (5) For the purposes of this section, the agenda does not include the entire agenda packet. (d) This section shall not be construed to affect or supersede any other applicable civil rights, nondiscrimination, or public access laws.
(e) For purposes of this section, all of the following definitions apply:
(1) (A) “Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.” (B) For the purposes of subparagraph (A), the applicable population shall be determined as follows:
(i) For an eligible legislative body that is a city council or county board of supervisors, the applicable population shall be the population of the city or county. (ii) For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district:
(I) The population of the county with the greatest population within the boundaries of the special district.
(II) The population of the service area of the special district, if the special district has the data to determine what languages spoken by the population within its service area meet the requirements of paragraph (A).
(C) If more than three languages meet the criteria set forth in subparagraph (A), “applicable languages” shall mean the three languages described in subparagraph (A) that are spoken by the largest percentage of the population.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 10/25 38 (D) An eligible legislative body may elect to determine the applicable languages based upon a source other than the most recent American Community Survey if it makes a finding, based upon substantial evidence, that the other source provides equally or more reliable data for the territory over which the eligible legislative body exercises jurisdiction.
(2) “Eligible legislative body” means any of the following:
(A) A city council of a city with a population of 30,000 or more. (B) A county board of supervisors of a county, or city and county, with a population of 30,000 or more. (C) A city council of a city located in a county with a population of 600,000 or more. (D) The board of directors of a special district that has an internet website and meets any of the following conditions:
(i) The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full-time equivalent employees. (ii) The special district has over 1,000 full-time equivalent employees. (iii) The special district has annual revenues, based on the most recent Financial Transaction Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-time equivalent employees. (3) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (f) This section shall become operative on July 1, 2026. (g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 6. Section 54953.5 of the Government Code is amended to read:
54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency.
SEC. 7. Section 54953.7 of the Government Code is amended to read:
54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose those requirements on appointed legislative bodies of the local agency.
SEC. 8. Section 54953.8 is added to the Government Code, to read:
54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive. 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 11/25 39 (b) A legislative body that holds a teleconference meeting pursuant to this section shall, in addition to any other applicable requirements of this chapter, comply with all of the following:
(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(A) A two-way audiovisual platform.
(B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconference meeting held pursuant to this section is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location pursuant to this section and the specific provision of law that the member relied upon to permit their participation by teleconferencing shall be listed in the minutes of the meeting. (8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(c) A local agency shall identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings. (d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 12/25 40 (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (e) A member of a legislative body who participates in a teleconference meeting from a remote location pursuant to this section shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with those individuals.
(f) The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to 54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting. (g) For purposes of this section, the following definitions apply:
(1) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (3) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (5) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
SEC. 9. Section 54953.8.1 is added to the Government Code, to read:
54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section. (b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. (c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
SEC. 10. Section 54953.8.2 is added to the Government Code, to read:
54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:
(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote:
(1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 13/25 41 (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person.
(c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(d) Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body conducting a teleconference meeting pursuant to this section may elect to use a two-way telephonic service without a live webcasting of the meeting.
(e) For purposes of this section, the following definitions apply:
(1) “Local emergency” means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the boundaries of the territory over which the local agency exercises jurisdiction.
(2) “State of emergency” means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).
SEC. 11. Section 54953.8.3 is added to the Government Code, to read:
54953.8.3. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:
(1) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. (2) The member shall participate through both audio and visual technology. (3) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for just cause for more than the following number of meetings, as applicable:
(i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day.
(b) The minutes for the meeting shall identify the specific provision in subdivision (c) that each member relied upon to participate remotely. This subdivision shall not be construed to require the member to disclose any medical diagnosis or disability, or any personal medical information that is otherwise exempt under existing law, including, but not limited to, the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code).
(c) For purposes of this section, “just cause” means any of the following:
(1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 14/25 42 (3) A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953. (4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. (6) A physical or family medical emergency that prevents a member from attending in person. (7) Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency. (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 12. Section 54953.8.4 is added to the Government Code, to read:
54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:
(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting.
(B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section.
(2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following:
(A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council.
(3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (4) If the meeting is outside regular business hours, the eligible neighborhood council shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting.
(b) For purposes of this section, the following definitions apply:
(1) “Accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting.
(2) “Eligible neighborhood council” means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 15/25 43 (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 13. Section 54953.8.5 is added to the Government Code, to read:
54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred:
(A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting.
(B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) Except as specified in clause (ii), at least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established.
(ii) The requirements described in clause (i) shall not apply to the California Online Community College. (iii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria:
(I) The person is under 18 years of age.
(II) The person is incarcerated.
(III) The person is unable to disclose the location that they are participating from because of either of the following circumstances:
(ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order.
(ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program.
(IV) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, “child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms are defined in Section 12945.2.
(2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:
(A) (i) Except as specified in subparagraph (B), if the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (ii) Except as specified in subparagraph (B), if the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 16/25 44 the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, “accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting.
(B) The requirements described in subparagraph (A) shall not apply to the California Online Community College.
(b) For purposes of this section, “eligible community college student organization” means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter, that is in any community college recognized within the California Community Colleges system and includes the Student Senate for California Community Colleges.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 14. Section 54953.8.6 is added to the Government Code, to read:
54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) The eligible subsidiary body shall designate one physical meeting location within the boundaries of the legislative body that created the eligible subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the eligible subsidiary body or the legislative body that created the eligible subsidiary body shall be present at the physical meeting location during the meeting. The eligible subsidiary body shall post the agenda at the physical meeting location, but need not post the agenda at a remote location.
(2) (A) A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, except if the member has a physical or mental condition not subject to subdivision (c) of Section 54953 that results in a need to participate off camera.
(B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically infeasible, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance prior to turning off their camera.
(3) An elected official serving as a member of an eligible subsidiary body in their official capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to this section unless the use of teleconferencing complies with the requirements of paragraph (3) of subdivision (b) of Section 54953. (4) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every six months thereafter:
(i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body, and the public has been made aware of the type of remote participation, including audio-visual or telephonic, that will be made available at a regularly scheduled meeting and has been provided the opportunity to comment at an in-person meeting of the legislative body authorizing the subsidiary body to meet entirely remotely.
(iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 17/25 45 (B) (i) An eligible subsidiary body authorized to use teleconferencing pursuant to this section may request to present any recommendations it develops to the legislative body that created it. (ii) Upon receiving a request described in clause (i), the legislative body that created the subsidiary body shall hold a discussion at a regular meeting held within 60 days after the legislative body receives the request, or if the legislative body does not have another regular meeting scheduled within 60 days after the legislative body receives the request, at the next regular meeting after the request is received. (iii) The discussion required by clause (ii) shall not be placed on a consent calendar, but may be combined with the legislative body’s subsequent consideration of the findings described in subparagraph (A) for the following 12 months.
(iv) The legislative body shall not take any action on any recommendations included in the report of a subsidiary body until the next regular meeting of the legislative body following the discussion described in clause (ii).
(C) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.
(D) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant to this section at any time. (b) (1) For purposes of this section, “eligible subsidiary body” means a legislative body that meets all of the following:
(A) Is described in subdivision (b) of Section 54952.
(B) Serves exclusively in an advisory capacity.
(C) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.
(D) Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals.
(2) An eligible subsidiary body may include members who are elected officials, members who are not elected officials, or any combination thereof.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 15. Section 54953.8.7 is added to the Government Code, to read:
54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session. (2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.
(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, “compensation” does not include reimbursement for actual and necessary expenses.
(4) A member of the eligible multijurisdictional body may participate from a remote location provided that:
(A) The eligible multijurisdictional body identifies each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 18/25 46 (B) The member shall participate through both audio and visual technology. (5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles each way from any physical location of the meeting described in paragraph (2). (6) The provisions of this section shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable:
(A) Two meetings per year, if the legislative body regularly meets once per month or less. (B) Five meetings per year, if the legislative body regularly meets twice per month. (C) Seven meetings per year, if the legislative body regularly meets three or more times per month. (D) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day.
(b) For the purposes of this section, both of the following definitions apply:
(1) “Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. (2) “Multijurisdictional” means either of the following:
(A) A legislative body that includes representatives from more than one county, city, city and county, or special district.
(B) A legislative body of a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 16. Section 54954.2 of the Government Code, as amended by Section 92 of Chapter 131 of the Statutes of 2023, is amended to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:
(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.
(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one.
(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (ii) The agenda shall include information regarding how, to whom, and when a request for disabilityrelated modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 19/25 47 is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(E) For purposes of this paragraph, both of the following definitions apply:
(1) “Integrated agenda management platform” means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (2) “Legislative body” means a legislative body that meets the definition of subdivision (a) of Section 54952. (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 20/25 48 (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
SEC. 17. Section 54954.3 of the Government Code is amended to read:
54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2.
(2) (A) Notwithstanding paragraph (1), the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item.
(B) Subparagraph (A) shall not apply if any of the following conditions are met:
(i) The item has been substantially changed since the committee heard the item, as determined by the legislative body.
(ii) When considering the item, a quorum of the committee members did not participate from a singular physical location, that was clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency exercises jurisdiction. (iii) The committee has primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. This clause shall not apply to an item if the local agency has adopted a law applicable to the meeting of the committee at which the item that was considered prohibits the committee from placing a limit on the total amount of time for public comment on the item.
(3) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 21/25 49 (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.
(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.
SEC. 18. Section 54956 of the Government Code is amended to read:
54956. (a) (1) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telephone or electronic mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (2) The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.
(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency’s budget.
SEC. 19. Section 54956.5 of the Government Code is amended to read:
54956.5. (a) For purposes of this section, “emergency situation” means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. (b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.
(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 22/25 50 the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
(B) For an emergency meeting held pursuant to this section, the presiding officer of the legislative body, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.
SEC. 20. Section 54957.6 of the Government Code is amended to read:
54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation, subject to all of the following conditions:
(1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.
(2) The closed session shall be for the purpose of reviewing its position and instructing the local agency’s designated representatives.
(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.
(4) Any closed session with the local agency’s designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency’s available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency’s designated representative.
(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees.
(6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors.
SEC. 21. Section 54957.9 of the Government Code is amended to read:
54957.9. In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the 5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 23/25 51 meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
SEC. 22. Section 54957.95 of the Government Code is amended to read:
54957.95. (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconferenced meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.
The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force. (2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
SEC. 23. Section 54957.96 is added to the Government Code, to read:
54957.96. (a) The existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including existing limitations upon that authority, shall apply to members of the public participating in a meeting via a two-way telephonic service or a two-way audiovisual platform. (b) For purposes of this section, the following definitions apply:
(1) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (2) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
SEC. 24. The Legislature finds and declares that Section 4 of this act, which amends Section 54953 of, Section 5 of this act, which adds Section 54953.4 to, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to, Section 19 of this act, which amends Section 54956.5 of, Section 22 of this act, which amends Section 54957.95 of, and Section 23 of this act, which adds Section 54957.96 to, the Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies. (b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 24/25 52 (c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials.
(d) The exclusively virtual nature of the California Online Community College presents unique barriers to the requirements for an in-person quorum, a physical location for public participation, and certain accommodations.
Participating students of the online community college come from all across the state and necessitating travel for these requirements would pose a significant and exclusionary barrier.
SEC. 25. The Legislature finds and declares that Sections 1 and 2 of this act, which amend and repeal Section 54952.2, respectively, of, Section 3 of this act, which amends Section 54952.7 of, Section 4 of this act, which amends Section 54953 of, Section 5 of this act, which adds Section 54953.4 to, Section 6 of this act, which amends Section 54953.5 of, Section 7 of this act, which amends Section 54953.7 of, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to, Section 16 of this act, which amends Section 54954.2 of, Section 17 of this act, which amends Section 54954.3 of, Section 18 of this act, which amends Section 54956 of, Section 19 of this act, which amends Section 54956.5 of, Section 20 of this act, which amends Section 54957.6 of, Section 21 of this act, which amends Section 54957.9 of, Section 22 of this act, which amends Section 54957.95 of, and Section 23 of this act, which adds Section 54957.96 to, the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies. (b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.
(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials.
(d) The exclusively virtual nature of the California Online Community College presents unique barriers to the requirements for an in-person quorum, a physical location for public participation, and certain accommodations.
Participating students of the online community college come from all across the state and necessitating travel for these requirements would pose a significant and exclusionary barrier.
SEC. 26. The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, this bill would apply to all cities, including charter cities.
SEC. 27. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
5/12/26, 12:14 PM Bill Text - SB-707 Open meetings: meeting and teleconference requirements. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB707 25/25 53