City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 11.B
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To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution Amending the Council Rules of Order To Implement Senate Bill 707 (2025) Amending the Ralph M. Brown Act and Making Additional Procedural Changes
Recommended Action
Staff recommends that the City Council adopt:
1. A finding that the resolution is not a project subject to the California Environmental Quality Act (CEQA) Guidelines; and
2. The attached resolution amending the Council Rules of Order based on direction from the January 27, 2026 Council meeting to explore options to: to hear Closed Session; requiring increased collaboration on Councilmember Discussion items; hear general Public Input towards the end of meetings; and revise the rule to reduce speaking time for more than 25 registered speakers to per item instead of per public input section; and;
3. Additional modifications to the attached resolution regarding: general Rules of Order; the Time and Place for Regular Meetings; the Agenda; Categories and Order of Business; Public Testimony; Conduct and Safety; Voting Procedure; and Use of Technology.
Executive Summary
At the January 27, 2026 City Council meeting, Council directed staff to explore various options to improve meetings that included:
1. options to schedule Closed Session meetings on alternate Tuesdays when regular meetings are estimated to run long;
2. requiring increased collaboration amongst Councilmembers to submit Councilmember Discussion items;
3. hearing general Public Input towards the end of the meeting; and 2 of 10
4. revising the rule on reducing time for more than 25 speakers registered to speak per public input section to “per agenda item”.
Council also directed staff with the following:
1. offering more public comment opportunities outside of meetings similar to last year’s Council Budget Workshop in relation to general Public Input options; and
2. provide Council compensation information from other jurisdictions that meet earlier in the day related to Closed Session options.
Senate Bill (SB) 707 updates teleconferencing and accessibility requirements under the Ralph M. Brown Act, or California’s Open Meetings Law. By July 1, 2026, legislative bodies must adopt a policy addressing technology disruptions and make reasonable outreach efforts to encourage public participation.
In addition to Council’s and SB 707 modifications, staff recommends amending rules regarding:
• Council’s ability to join meetings remotely per SB 707; • the process for the City Clerk to prepare and post agendas, provide public posting locations and conduct outreach per SB 707;
• the order of hearing Travel Reports, the Mayor’s Highlight and City Manager’s Report, modifying the description of Special Agenda Items and incorporating the Resolutions Category with Staff Administrative Items;
• discontinuing the 4-minute option when registering to speak on only one item, and allowing for interpretation services and incorporating two-way telephone public comment per SB 707;
• disruptions from individuals participating in-person or telephonically as provided for by SB 707;
• service restoration procedures during a telephonic or internet service disruption per SB 707; and
• cleaning up language and procedures for Council to submit Discussion Items (16-items) and Closed Session, the process for speakers to submit electronic 3 of 10
presentation materials and the voting procedure on board and commission appointments.
Most modifications would go into effect at the June 23, 2026 Council meeting, with SB 707 modifications in effect after July 1, 2026 until January 1, 2030, unless otherwise amended.
Discussion
Setting Closed Session
In reviewing the current rules, “Rule 2. Time and Place for Regular Meetings” provided the following options for Closed Sessions that was seldom exercised but is a combination of possibilities discussed at the January 27th meeting:
“However, if it is determined by the Mayor, City Manager, and City Clerk that a Council meeting is expected to be lengthy, and all Councilmembers are available, as may be noticed by the City Clerk, a regular Council meeting may commence earlier than 5:30 p.m. to allow for closed session and/or special agenda items to be heard then. If it is expected that Closed Session will require more than 90 minutes to complete, and if all Councilmembers are available, a separate special meeting to complete Closed Session shall be considered.”
Back in January, Council expressed concerns about scheduling meetings earlier or having daytime meetings as they would be required to make new arrangements with work or other commitments that were unexpected prior to taking office. Should Council desire to pursue this option, staff can return with Council compensation information from other agencies if needed.
Scheduling separate meetings, when there is a large volume of agendized items, require: additional time commitments from Council and staff, and advanced coordination to ensure a quorum is available and that public notice is given. The decision to schedule a special meeting on alternate Tuesdays would have to be made at least one week prior to a regular meeting to allow: staff to finalize the agenda and make arrangements for the regular meeting, and meeting participants to plan for the special meeting the following week. Note that this lead time is for preparation and not for legal requirements such as the Brown Act.
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Other options for Council are to hear Closed Session:
1. First by keeping the start time of 5:30 p.m. and then hear the open session when completed.
2. First by keeping the start time of 5:30 p.m., and set a time limit to hear the open session at a certain time (ex. Closed Session at 5:30 p.m. and open session at 7 p.m.).
3. Within the meeting, set a time limit, and continue the item prior to Adjournment if not completed (ex. After the Consent Calendar, for 90 minutes).
4. Last and prior to Adjournment.
If Council opts to hear Closed Session earlier, first or within meetings, then staff recommends providing a set start time or estimated return time for open session to inform the public of when they: can sign up to comment, will be called to speak, and can continue listening to the meeting.
Increased Collaboration on Councilmember Discussion Items In January, Council requested options to increase collaboration on Councilmember Items requiring substantive discussion. One suggestion was to consider organizations, private citizens and/or multiple Councilmembers to co-sponsor Discussion items. As these are “Councilmember” Items, staff recommends limiting submissions to Councilmembers only as external parties can still show their support through public comment. Staff also recommends exceptions for collaboration on discretionary spending items. Therefore, options for Council are to:
1. Increase the number of Councilmembers required to submit Discussion Items to no more than a majority of the Council as prohibited by the Brown Act (ex. No less than two and no more than three Councilmembers); or
2. Set a designated time each fiscal year for Councilmembers to submit proposed items to the City Manager who would collaborate with City staff and return with feedback that would allow Council to refine and prioritize proposals before formally submit Discussion items.
Amending “Rule 5. Agenda” to require collaboration shows increased support for an item to be considered and could save discussion time on items that may not receive a second to be voted on or enough votes to be approved.
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Setting a Time for Public Input on Non-Agenda Items
At the September 26, 2023 Council meeting, general Public Input was permanently set at the beginning of meetings after Council directed staff to implement a pilot program allowing remote public input back in June 2022. As the remote process required additional staff to manage teleconferencing technology and callers, it was recommended to consolidate public comment time and hear most speakers earlier in the meeting to maintain overtime budgets and manage staffing for daily operations and evening meetings. Prior to June 2022, public input on non-agenda items were heard prior to adjournment.
On January 27th, Council requested options to hear general Public Input towards the end of the meeting. Amending “Rule 6. Categories and Order of Business” to move a portion or all of general public input towards the end of meetings would: dedicate more time for public comment and Council deliberation of scheduled agenda items; and reduce the chances of continuing items that would affect subsequent meetings. Options for Council are:
1. move public input on non-agenda items prior to adjournment;
2. move public input on non-agenda items prior to adjournment, and offer additional Council meeting listening sessions (ex. quarterly) for general public input only;
3. keep general public input at the beginning of the meeting, hear a set number of speakers first regardless of the time requested (ex. first 10 speakers), and then hear the remaining speakers prior to adjournment; or
4. keep general public input at the beginning of the meeting, hear input for a set amount of time (ex. no more than 20 minutes), and then hear the remaining speakers prior to adjournment.
Concerns were expressed over speakers being unable to stay until the end of the meeting and options still available to community members are: 1) submitting Written Comments before the end of meetings to be distributed on the dais per Rule 15(h); and 2) obtaining support from either City Department(s) or a Councilmember to submit an item for consideration in an upcoming meeting which would allow more time for public comment and Council discussion per Rule 5(h). Written Comment forms are available in City Hall lobby during Council meetings. Written Communication forms from the City 6 of 10
Clerk’s Office and City staff are available during business hours. Council is available by email, with some members offering appointments to meet. Regardless of the option adopted, the City Clerk will continue the process of pre-registering public input callers to manage staffing.
Managing Speaking Time for 25+ Speakers
Amending “Rule 15. Public Testimony” to reduce time from two minutes to one minute for more than 25 speakers (or 26 or more speakers) registered for a public input section to “per agenda item” will allow speakers for other agenda items to retain their requested speaking time. This rule will continue to be exempt for public hearings or quasi-judicial items. Except for the Consent Calendar when comments on multiple items are heard altogether, speakers will be asked to register for each item they wish to speak on.
Speakers would be called on by agenda item order to assist with enforcing this rule. The maximum of six minutes per speaker will still apply.
Senate Bill 707 Amending Various Sections of Government Code (GC) 54950 - 54963 The Ralph M. Brown Act establishes requirements for open meetings of legislative bodies. SB 707 updates provisions on teleconferencing, including requirements for remote participation, accessibility, and procedures for addressing disruptions to meetings. The amendment requires Council to adopt a technology disruption policy and make reasonable outreach efforts to encourage public participation in meetings, particularly among underrepresented and non-English-speaking communities. The disruption policy must be adopted by July 1, 2026.
In addition, staff recommends the following changes to clean up language, clarify rules and incorporate SB 707 requirements:
• Rule 1. Rules of Order
Amending the description to clarify that the Council’s rules also apply to Council Subcommittees and newly established Boards and Commissions that have yet to adopt Bylaws.
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• Rule 2. Time and Place for Regular Meetings
Adding Council’s ability to join meetings remotely as provided for by the Brown Act.
• Rule 5. Agenda
- As Rule 5 consists of internal procedures on submitting agenda items, and procedures on submitting Councilmember Discussion and Closed Session Items were found in both Rule 5(d) and Rule 6 (Categories and Order of Business), the procedures was merged under this rule for ease of reference. Additionally, “16- item(s)” will be replaced with its Category name of “Councilmember Discussion Item”.
- Adding the Civic Center Parking Structure provides a backup agenda posting location for the City Clerk in the event of technological issues with its primary location at City Hall’s digital wayfinding kiosk.
- As procedures for the public to submit electronic presentation materials were found in both Section (i) and Rule 15(j) under Public Testimony, Section (i) was deleted as the procedure is more appropriate under Public Testimony. - Adding: provisions for an accessible posting location for publicly translated Council agendas; reasonable efforts to encourage groups that do not traditionally participate in public meetings to attend; and annual evaluations of translation requirements in applicable language(s) to comply with SB 707. “Applicable languages” is defined as languages, according to data from the most recent American Community Survey, spoken jointly by 20% or more of Santa Monica’s population, provided that 20% or more of the population that speaks that language in this City speaks English less than “very well.” At this time, the City does not reach the 20% threshold, but the City Clerk will review requirements annually in the event of new survey data or amendments to the law. However, the City Clerk will work with: the City Manager’s Office on applying the City’s internal Language Access Policy to Council meeting agendas and public facing webpages, and the Office of Communications on outreach. • Rule 6. Categories and Order of Business
- Transfer Council Travel Reports after Levine Act Disclosures. 8 of 10
- Modify the descriptions of: Special Agenda Items to include the Mayor’s Highlight and City Manager’s Report; and Staff Administrative Items to include Resolutions requiring extensive public input. Subsequent sections would be renumbered accordingly.
- Under Councilmember Discussion Items, delete procedures to submit Councilmember and Closed Session Items that was merged with Rule 5(d) as previously mentioned and replace item numbers with Category name. • Rule 15. Public Testimony
- Remove reference to deleted Rule 5(i) on electronic presentation materials as previously mentioned.
- Transfer rule regarding meetings that include special meeting items and joint meetings as one meeting to Subsection (a) Permitted for ease of reference, and adding that no general public input shall be taken on any item on a Special Meeting Agenda.
- Transfer rule regarding the order which speakers will be called and prioritizing students to Subsection (b) Registration for easer of reference. - Incorporating SB 707 requirements to provide space for interpretation devices and services, and public comment via a two-way telephonic platform.
Per SB 707, all Council meetings shall include an opportunity for the public to attend and comment via a two-way telephonic service or a two-way audiovisual platform. Because Council already hears public comment by telephone and phones do not require internet access, staff recommends offering two-way telephonic service to attend and comment at meetings.
- Discontinue the option to request four-minutes to speak when registering to speak on only one item.
At the May 27, 2025 Council meeting, Council approved to give up to fourminutes of time to those speaking on only one item as a compromise to discontinuing time donation. However, offering a third option and only for certain situations has been difficult to inform speakers about and track with consolidated public input sections and limitations of the public speaker system. Deleting this 9 of 10
option would simplify the registration process and give speakers consistent options of one or two minutes.
• Rule 16. Conduct and Safety
Adding SB 707 requirements for a disruption policy that defines “disruptions” and allows the Presiding Officer to warn, limit and remove disruptive individuals participating in-person or telephonically.
• Rule 19. Voting
Transfer Section c(12) on conducting roll call votes for only two board or commission nominees to the beginning of Section c for ease of reference. • Rule 27. Use of Technology
Adding SB 707 requirements to establish service restoration procedures during a telephonic or internet service disruption. Procedures include: calling a recess to restore services for at least one hour; documenting the nature, time of occurrence and restoration efforts of the disruption; and adopting a finding that, if services cannot be restored after efforts were made, then resuming the meeting serves the public interest than delaying it.
• Rule 28
Formatting change to transfer Rule 32 on Council Briefings to conclude with Rule 31 on Failure on Observe Rules of Order to be consistent with past Council rules.
Most modifications would go into effect at the next regular Council meeting on Tuesday, June 23, 2026, with SB 707 modifications in effect after July 1, 2026.
Environmental Review
The resolution is not a “project” subject to CEQA. The resolution is administrative in nature for the establishment of rules, policies, and procedures. Pursuant to CEQA Section 21065, the resolution does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the resolution is not subject to CEQA. 10 of 10
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Maria Dacanay-Wisner, Assistant City Clerk Approved Forwarded to Council
Attachments:
A. Proposed Resolution
B. Government Code, Chapter 9, Meetings (54950-54963)
C. September 26, 2023 Staff Report
D. May 27, 2025 Staff Report
E. Written Comments
F. PowerPoint Presentation