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HomeMy WebLinkAboutStaff Report 2512-5627CITY OF PALO ALTO Policy & Services Committee Special Meeting Tuesday, February 10, 2026 6:00 PM     Agenda Item     2.Receive an update on changes to the Brown Act and provide recommendations on the implementation of provisions related to teleconferencing, remote public participation, translation and interpretation assistance, and expanded outreach; CEQA Status – Not a Project. Presentation Policy & Services Committee Staff Report From: City Clerk Report Type: ACTION ITEMS Lead Department: City Clerk Meeting Date: February 10, 2026 Report #:2512-5627 TITLE Receive an update on changes to the Brown Act and provide recommendations on the implementation of provisions related to teleconferencing, remote public participation, translation and interpretation assistance, and expanded outreach; CEQA Status – Not a Project. RECOMMENDATION Staff recommends the Policy & Services Committee consider, provide feedback, and recommend the City Council: 1. Approve or decline the use of expanded alternative teleconferencing for Boards, Commissions, and Committees (BCCs) as recommended by the Policy & Services Committee 2. Receive an update on changes to remote public participation, 3. Approve the Two-Way Remote Public Access Disruption Policy (Attachment A), 4. Approve staff recommendation regarding reasonable assistance for third party translation and interpretation services, and 5. Approve staff recommendation regarding outreach efforts. EXECUTIVE SUMMARY In 2024 the California State Legislature passed SB 707, which amends the Brown Act to modernize remote participation and expand public access. This report provides an overview of SB 707 requirements, identifies which provisions already align with the City’s existing practices, and outlines recommended implementation approaches for provisions that require new or revised policies. Staff also seeks Policy & Services Committee feedback regarding whether to recommend City Council authorization of expanded alternative teleconferencing for eligible BCCs, reasonable efforts for assisting third-party translation, and expanded outreach. BACKGROUND Topic Summary Applicable Meeting Bodies Effective Date Outreach Efforts SB 707 requires cities to make reasonable efforts to encourage participation from groups that traditionally do not engage in public meetings. Staff recommends continuing existing outreach practices and enhancing transparency and accessibility by clarifying how community members may request language assistance and participate remotely, consistent with SB 707’s intent to broaden civic engagement. City Council 7/1/26 ANALYSIS The following section details Brown Act changes brought by SB 707 that will affect the City and staff’s recommended implementations. The City’s current practices already satisfy some of SB 707’s requirements (detailed in Attachment B), but others will require a change in practice or policy. Expanded Alternative Teleconferencing for Eligible Subsidiary Bodies (effective January 1, 2026) Following COVID-19, the State Legislature amended the Brown Act to allow members of legislative bodies to participate in meetings remotely under specific circumstances (i.e. “just cause” or “emergency circumstances”) with fewer noticing requirements than pre-COVID Brown Act teleconferencing. This form of teleconferencing, which does not require remote attendance locations be published on the agenda or accessible to the public, is referred to as “alternative teleconferencing.”1 SB 707 allows the City Council to expand alternative teleconferencing for “eligible subsidiary bodies,” a category that includes the City’s BCCs. Expanded alternative teleconferencing allows BCC members to attend remotely without opening their location to the public and without just cause, subject to the minimum requirements listed below. Unlike “just cause” alternative teleconferencing, this expanded alternative teleconferencing does not require a quorum to attend from a singular physical location, and therefore could allow a fully virtual meeting. Council Committees are not eligible for this form of expanded alternative teleconferencing because SB 707 does not permit officials to use expanded alternative teleconferencing. The City Council may authorize expanded alternative teleconferencing for up to six months, and every six months thereafter. To authorize expanded alternative teleconferencing for a BCC, the City Council must take formal action approving the expanded use of alternative teleconferencing for a period of up to six months, finding that Council has: Considered the circumstances of the subsidiary body, 1 SB 707 changes to alternative teleconferencing are described in more detail in Attachment B. Determined that teleconferencing would enhance public access, Ensured publication of remote and physical access and comment options, and Determined that teleconferencing would promote attraction, retention, and diversity of eligible board or commission members. Meetings held via expanded alternative teleconferencing must meet the requirements below. The City Council may impose additional requirements but may not remove requirements. The subsidiary body must provide a staffed physical meeting location where the agenda is posted and members of the body or public may attend and participate in-person, Elected officials may not use this section to appear remotely, and Remote members must appear visibly on camera, with limited exceptions. While expanded alternative teleconferencing may improve flexibility and accessibility for BCC members, staff notes that in-person meetings provide important benefits that support the City’s public engagement goals. Face-to-face meetings facilitate stronger communication between Commissioners, staff, and community members, promote relationship-building, and allow for more dynamic public dialogue. Further, a significant expansion of alternative teleconferencing presents compliance and administrative challenges. The City has eight Boards and Commissions addressing diverse subject areas ranging from stormwater management to arts and culture. These bodies are supported by staff from multiple departments, many of whom support BCC meetings infrequently. The Brown Act’s teleconferencing requirements are complex, and expanded alternative teleconferencing adds additional procedural obligations that increase the risk of inadvertent non-compliance. For these reasons, staff recommends that any expansion of alternative teleconferencing be implemented thoughtfully and incrementally, with clear, administrable rules and defined evaluation criteria. If the Committee wishes to recommend authorization of expanded alternative teleconferencing, staff suggests beginning with a modest pilot approach. For example, Council could authorize one specific Board or Commission to conduct a limited number of fully virtual meetings within a six-month period, allowing staff and the body to evaluate impacts on public participation, meeting quality, and administrative workload before considering broader implementation. Remote Public Participation and Public Comment (effective July 1, 2026) SB 707 requires City Council meetings include an option for the public to participate remotely and accept remote public comment via a two-way telephonic or audiovisual platform. The City Council’s use of Zoom satisfies this requirement for public access, but SB 707 will require a change in general public comment practice for the City Council. On May 13, 2024,3 the City Council voted to accept general public comment for non-agendized items only in-person and accept public comment on agendized items in-person and remotely. The City Council must allow remote general public comment no later than July 1, 2026. This requirement does not apply to BCCs. Although not mandated by SB 707, staff recommends also accepting remote general public comment at Council Committee meetings to maintain consistency across the meeting bodies. Staff will communicate the change to the public prior to the effective date and update agenda materials and internal practices to comply with this provision. Policy on Disruption of Remote Public Access (effective July 1, 2026) If a disruption prevents public participation through Zoom, Council shall recess open session for at least one hour and attempt in good faith to restore service, Council may meet in an agendized closed session during the recess, Open session may not reconvene until at least one hour has passed or service is restored, whichever comes first, and If service is not restored, Council may resume only after adopting, by roll call vote, a finding that good faith efforts were made to restore service and that public interest in continuing the meeting outweighs the public’s interest in remote access. 3 City Council May 13, 2025 Action Minutes: https://portal.laserfiche.com/Portal/DocView.aspx?id=83921&repo=r- 704298fc Staff from the City Clerk, City Attorney, and IT departments collaborated on the attached draft policy (Attachment A). The draft policy details the good faith efforts staff shall make to restore service, which may include: Troubleshooting platform or teleconferencing software, Resetting or replacing audiovisual equipment, Attempting alternative connection methods, Contacting necessary support staff or service providers, and/or Switching to back-up equipment or platforms, if available. Third-Party Translation and Interpretation Assistance (effective July 1, 2026) As revised, the Brown Act requires the City Council to reasonably assist community members who wish to provide or receive meeting translation and interpretation services. These requirements do not apply to Council Committees or BCCs. While SB 707 requires some jurisdictions to translate their agendas, additional agenda translation is not required in Palo Alto at this time. The City must make available to the public a physical posting space where members of the public may post their own translations of the City Council’s agendas. The City will provide notice that these translations will be provided by third parties, and that the City cannot verify the content or accuracy of publicly provided agenda translations. Staff intends to make the King Plaza posting board available for translated agendas and will post instructions for how the public may utilize the space. Arrange a space for interpreters at the meeting location, upon written request to the City Clerk at least 24 hours before the meeting, Provide public commenters using interpretation extra time. Staff recommends providing twice as much public comment time for individuals using interpreters, or an amount of time determined by the presiding officer, Allow the public to use their own devices to access translation or interpretation devices, and Loan City devices to the public to access translation or interpretation services upon request. Requests for City devices must be made in writing to the City Clerk at least 24 hours before the meeting. Information on borrowing City devices may be found on the City Clerk’s Translation Services webpage5. Outreach to Underrepresented Groups (effective July 1, 2026) Publishes City Council agenda and agenda packet 11 days before meeting, rather than the minimum required 72 hours for regular meetings and 24 hours for special meetings, 5 City of Palo Alto Translation Services: https://www.paloalto.gov/Departments/City-Clerk/City-Meeting- Groups/Translation-Services Provides physical agenda packets for public review at Mitchell Park and Rinconada libraries, in addition to posting agendas in King’s Plaza (accessible 24/7) and in Council Chambers, Displays prominent link on city homepage to webpage with meeting schedule and agenda materials, Distributes a weekly newsletter of published agendas and events sent to over 1,500 people and prominently displays newsletter sign-up link on agenda website, Maintains a City website explaining the format of public meetings and how the public may participate, Publishes all City Council and Council Committee agendas weekly in Palo Alto Weekly and Daily Post, rather than only special meetings, Enables automatic translation of the City website into Spanish or simplified Chinese, Enables automatic translation of HTML agendas for all meeting bodies into over 200 languages, Offers free access to Wordly, a real-time audio and text translation service supporting over 50 languages, upon request. The public may use own device or borrow a City device to receive verbal and/or written interpretation. Instructions for requesting and using Wordly service are available on the City Clerk’s website, and Livestreams public meetings on YouTube and broadcasts on local cable television. Given the priorities of SB 707, staff recommends continuing the above efforts, taking the following additional actions, and continually updating and improving practices based on effectiveness: Share information about agenda notification newsletters with community groups and organizations identified by the Policy and Services Committee, Post a QR code to agenda newsletter sign-up page in the King’s Plaza and Council Chambers posting board, and Translate the Meeting Participation Guide7 into the two commonly spoken non-English languages as reported by the American Community Survey. FISCAL/RESOURCE IMPACT The City Clerk’s Office has sufficient resources in its existing budget to implement the staff recommendations. Additional resources may be required depending on the Committee’s recommendations to the City Council regarding expanded alternative teleconferencing, translation, and outreach. STAKEHOLDER ENGAGEMENT 7 City of Palo Alto Meeting Participation Guide: https://www.paloalto.gov/files/assets/public/v/1/city-clerk/city- charterprocedures/2025-meeting-participation-guide.pdf Staff in the City Clerk’s, City Attorney, and IT departments collaborated on the recommended implementation of SB 707. The City Clerk’s Office has also been in touch with BCC members and staff regarding Brown Act changes applicable to their bodies. After feedback from the Policy and Services Committee, staff will bring this item to the City Council as an action item for additional Councilmember input and public awareness. Staff expects to agendize this item in the spring. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Policy: Disruption of Two-Way Remote Public Access Service 1. Purpose This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Palo Alto, as required by the Brown Act (Gov. Code § 54953.4). If state law is subsequently amended, the amended terms of state law will apply. 2. Definitions For purposes of this policy: “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via a two-way telephonic service or two-way audiovisual platform. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and participation in meetings. Services that allow remote observation but not participation of meetings, such as a television broadcast or livestream, are not included. 3. Applicability This policy applies to all open and public meetings of the City Council of the City of Palo Alto at which remote public participation is offered or required under the Brown Act. 4. Procedures in the Event of a Service Disruption 4.1. Response to Service Disruption If the Presiding Officer or Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely: 1. The Presiding Officer or Clerk shall immediately announce the disruption to the public. 2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in an agendized closed session. The Presiding Officer will make the following, or a substantially similar, announcement: “The City is experiencing a disruption of its remote access service that prevents remote public participation. In accordance with the Brown Act, the City Council will recess the meeting for at least one hour or until services are restored, whichever comes sooner. If service is not restored after one hour, the City Council may either vote that the public interest in continuing the public meeting outweighs the public interest in remote access and reconvene or adjourn the meeting.” 3. Staff shall begin efforts to diagnose and restore the disrupted service. 4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing. 4.2. Efforts to Restore Service The agency shall make good faith efforts to restore remote access services, which may include: Troubleshooting platform or teleconferencing software Resetting or replacing audiovisual equipment Attempting alternative connection methods Contacting necessary support staff or service providers Switching to back-up equipment or platforms, if available 5. Reconvening the Open Session 5.1. Timing The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier. 5.2. If Service Is Restored If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal. 5.3. If Service Is Not Restored If service has not been restored after one hour, the City Council of the City of Palo Alto may reconvene and: 1. Adjourn the meeting; or 2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding: “The City of Palo Alto has made good faith efforts to restore remote access services 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 legislative body may continue the open session. 6. Recordkeeping The Clerk shall enter a brief statement into the meeting minutes, including the following: The nature and time of the disruption That good faith efforts to restore service were made in accordance The time the meeting was reconvened (if applicable) Any finding adopted pursuant to Section 6.3 7. Review and Updates This policy may be amended by the City Council of the City of Palo Alto at a noticed public meeting in open session, not on the consent calendar. 1 0 4 2 4 City Practices Already in Alignment with SB 707 Alternative Teleconferencing (effective January 1, 2026) Extends expiration date to 2030, Removes the procedural differences between attending remotely due to “just cause” or “emergency circumstances,” Expands “just cause” to include certain military service obligations, Modifies the annual limit on attendance by alternative teleconference based on the body’s frequency of regular meetings, and Requires meeting minutes to identify specific provision a member relies on to participate remotely. 1 the Policy and Services Committee recommended the City Council adopt the updated provisions as part of its Procedures & Protocol Handbook update. The City Council was scheduled to consider this item on January 12, 2026, but deferred it to a future meeting. Brown Act Distribution (effective January 1, 2026) 1 December 9, 2025 Policy and Services Committee Action Minutes: https://portal.laserfiche.com/Portal/DocView.aspx?id=246407&repo=r-704298fc 1 0 4 2 4 commissioners during their orientation and will incorporate this mandate into new Councilmember onboarding practices. Remote Member Participation as an Accommodation (effective January 1, 2026) Disclose the presence of anyone over the age of 18 with them and their relationship to that person, and Use audio and visual technology, unless a physical condition related to their disability results in a need to participate only through audio. Remote Public Attendance Website Requirements (effective July 1, 2026) a general explanation of the public meeting process, an explanation of how to provide in-person or remote verbal or written public comment, a calendar of all public meetings with the times, dates, and locations, and a link to posted agendas. 3 is prominently displayed on Palo Alto’s homepage and complies with these requirements. In addition to the Agendas page, the City Clerk’s Office also maintains a Resources for Meeting Attendance4 webpage. This page includes information about City Council meeting structure, public comment procedures, FAQs, City Council and BCC meeting frequencies, and resources for remote attendance. 3 City of Palo Alto Meeting Agendas and Minutes: https://PaloAlto.gov/CouncilAgendas 4 City of Palo Alto Resources for Public Meetings: https://www.paloalto.gov/Departments/City-Clerk/City-Meeting- Groups/Resources-for-Meeting-Attendance 1 0 4 2 4 newsletter with information about City Council and Council Committee meetings and events, including direct links to all published agendas and notifications of amended or supplemental materials. The newsletter is currently distributed to over 1,500 individuals, and the public may sign up online via a prominent link on the Meeting Agendas and Minutes page. Implementation of Brown Act Changes February 10, 2026 Paloalto.gov Presenters: Mahealani Ah Yun, City Clerk Christine Prior, Assistant City Clerk Jennifer Fine, Deputy City Attorney Background 2 •SB 707 Brown Act modernization •Seeking Committee input on: •Alternative teleconferencing •Remote public access •Third-party translation/interpretation assistance •Outreach •Attachment B – City practices already aligned with SB 707 •Committee recommendations will be agendized as a City Council action item in the spring Alternative Teleconferencing 3 •Remote participation without publishing location or opening location to the public •Available in limited circumstances - previously “just cause” or “emergency circumstances” •SB 707 updates (Attachment B, packet page 40) •Extends expiration date to 2030 •Consolidates “emergency circumstances” into “just cause” and adds certain military obligations to “just cause” •Requires minutes to include provision used by remote attendee •Annual limit based on regular meeting frequency •Changes incorporated into Council P&P Handbook adopted by City Council 2/9 Meeting Body Brown Act “Just Cause” Limit Internal Policy Limit City Council 7 meetings/year 5 meetings/year, including standard remote attendance Finance Committee 5 meetings/year 5 meetings/year, including standard remote attendance, 3 of which may be alternative teleconferencing Policy and Services Committee 2 meetings/year 5 meetings/year, including standard remote attendance, 2 of which may be alternative teleconferencing Expanded Alternative Teleconferencing 4 •New option available to BCCs upon Council authorization •City Council may authorize use for up to 6 months •Would allow commissioners to attend virtually without “just cause” or location publication •Must have a staffed physical location for public comment Staff Recommendation •Provide direction on possible authorization •If recommending expansion, consider modest pilot Council Remote Public Access & Disruption Policy 5 •Council must offer remote option (Zoom) and allow remote general public comment Disruption to Remote Access •Recess for 1 hour to try to restore service •May meet in agendized closed session •If service isn’t restored, may reconvene after 1 hour after making findings •Adopt a policy not on consent Staff Recommendation •Recommend adoption of policy (attachment A) Third-Party Translation 6 •Provide a physical posting space for individuals to post translated agendas •Reasonably assist individuals providing or receiving translation or interpretation services at meetings •Does not require the City to provide services Staff Recommendation •Make posting space in King’s Plaza and Council Chambers available for publicly-translated agendas •Arrange space for translation to occur upon request •Provide additional public comment time for translation •Allow use of personal devices for translation services •Loan City devices for translation services upon request Outreach Efforts 7 •Make reasonable efforts to include groups that traditionally don’t participate •Existing City Council meeting outreach on packet pages 35-36 Staff Recommendation •Continue current engagement practices •Post newsletter sign up QR code •Translate Meeting Participation Guide •Share newsletter information with community groups and organizations identified by Committee Recommendation 8 Staff recommends the Policy & Services Committee consider, provide feedback, and recommend the City Council: 1.Approve or decline the use of expanded alternative teleconferencing for Boards, Commissions, and Committees (BCCs) as recommended by the Policy & Services Committee 2.Approve the Two-Way Remote Public Access Disruption Policy (Attachment A), 3.Approve staff recommendation regarding reasonable assistance for third party translation and interpretation services, and 4.Approve staff recommendation regarding outreach efforts.