Page 34 - 2026 Lozano Smith Brown Act Handbook
P. 34

(Government Code § 54954.3(a); Olson v. Hornbrook Community Services District (2019) 33
                                                                                 th
                         th
               Cal.App.5  502; Preven v. City of Los Angeles (2019) 31 Cal.App.5  925; Mooney v. Garcia
                                                                                                      th
                                    th
               (2012) 207 Cal.App.4  229; Galbiso v. Orosi Public Utility District (2008) 167 Cal.App.4
                                                                                        th
               1063; Chaffee v. San Francisco Library Commission (2004) 115 Cal.App.4  461.)

                       2.     For Special Meetings, the Public Must Be Provided an Opportunity to Address
                              Any Item on the Agenda.

                              Every notice for a special meeting must 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 prior to or during consideration of that item.

               (Government Code § 54954.3(a).)

                       3.     Reasonable Time Limitations May Be Placed on Public Comment.

                              The legislative body may place reasonable time limitations on public comment
               during an open meeting so that meetings can be concluded within a reasonable time.  Those time
               limits may be shorter than time allowed for agency staff or invited speakers.  When the
               legislative body limits the time for public comment, the legislative body must 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.  The
               requirement for additional allotted time does not apply if the local agency utilizes translation
               equipment in a manner that allows the legislative body to hear the translated public testimony
               simultaneously.

                                                                                                  th
               (Government Code § 54954.3(b); Ribakoff v. City of Long Beach (2018) 27 Cal.App.5  150;
                                                                                  th
               Chaffee v. San Francisco Library Commission (2004) 115 Cal.App.4  461.)

                       4.     Specified Local Agencies are Required to Provide for Remote Public Participation
                              at Legislative Body Meetings (Begins July 1, 2026).

                              With the adoption of SB 707 in 2025, the Legislature intended to expand public
               access to local legislative body meetings.  The bill, effective July 1, 2026, applies only to the
               following agencies: a city council or county board of supervisors with a governing population of
               30,000 or more; a city council located in a county with a population of 600,000 or more; special
               districts in counties over 600,000 population and 200 full time employees, or with 1,000 full time
               employees, or with annual revenues in excess of $400,000,000 and 200 full time employees.

                              a.     Remote Public Participation.  With limited exceptions, for all open and
               public legislative body meetings, local agencies meeting the criteria above (“eligible legislative
               bodies”) must include an opportunity for members of the public to attend via a two-way
               telephonic service or a two-way audiovisual platform, unless adequate telephonic or internet
               service is not operational at the meeting location.  If adequate telephonic or internet service is
               operational during only a portion of the meeting, the legislative body must allow participation
               during that portion.




     22   LozanoSmith.com                                                                       2026 Brown Act Handbook
   29   30   31   32   33   34   35   36   37   38   39