REPORT TO COUNCIL
SUBJECT
Title
Action on Resolution Adopting Council Policy 057 Establishing Procedures to be Followed in the Event of a Disruption of Telephonic Service or Internet-Based Audio-Visual Platform During a Council Meeting
Report
BACKGROUND
During the Covid pandemic, most cities in California adopted the use of an internet-based audio-visual platform (such as Zoom) to be used during City Council meetings to encourage members of the public to participate in meetings safely from their homes. Many cities, including Santa Clara, have found that this remote participation option is convenient for members of the public and have therefore continued to offer hybrid participation, even after the pandemic-based need for the service had concluded.
Recognizing that many cities were continuing remote participation and the benefits of such an option for the public, and determining that there was a need to provide consistent requirements for remote public access throughout the state, Governor Newsom signed Senate Bill 707 (“SB 707”) in October 2025. SB 707 ushered in significant changes to the open meeting law, the Ralph M. Brown Act. Among the numerous changes, the Legislature mandated that that 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 specific meeting location. The Legislature also addressed the scenario in which there was a disruption to the telephonic service or audiovisual platform, as described below, and required that cities adopt a policy (by July 1st) setting forth the processes to be undertaken in the event of such a disruption. The proposed Council Policy 057 is intended to satisfy this new Brown Act requirement.
On Monday, April 13th, the process for bringing this policy forward for Council approval was discussed by the Governance and Ethics Committee in conjunction with the Committee’s workplan. In light of the impending deadline of July 1st and the fact that adoption of the policy was required under State law, the Committee authorized staff to bring the proposed policy directly to the City Council.
DISCUSSION
SB 707 amends Government Code Section 54953.4 to require the following:
(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.
In order to implement this new statutory mandate, the proposed Council Policy 057 sets forth the applicable procedure, highlights of which are below:
• If City staff determines that public attendance and observance through either the telephonic or internet-based services has been disrupted, then the Mayor shall make an announcement describing the disruption and announcing that the Council shall be in recess.
• During the period of recess, City staff shall undertake good faith efforts to restore service, and keep record of such efforts.
• The Council shall not reconvene the open session of the meeting until at least one (1) hour following the start of the disruption, or until telephonic or internet service is restored, whichever is earlier. If service is restored within the one-hour period of time, the Mayor shall call the meeting back to order and shall verbally announce that the disrupted service has been restored.
• If, after at least one (1) hour following the start of the disruption, telephonic or internet service has not been restored, then the Council may either adjourn the meeting or choose to continue the meeting, by majority vote of the entire body.
• If the Council chooses to resume the meeting, then the Council shall adopt a finding by roll-call vote stating that, based upon information provided to the Council in open session by the City Manager, good faith efforts to restore the telephonic or internet service have been made, and that the public interest in continuing the meeting outweighs the public interest in remote public access. The Mayor shall provide instructions to the audience regarding alternative attendance options.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
There is no fiscal impact with this report other than administrative staff time.
COORDINATION
This report was coordinated with the City Attorney’s Office, City Clerk’s Office and Information Technology Department.
PUBLIC CONTACT
Public contact was made by posting the Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution Approving and Adopting Council Policy 057 Establishing Procedures to be Followed in the Event of a Disruption of Telephonic Service or Internet-Based Audio-Visual Platform During a Council Meeting, in Accordance with Senate Bill 707.
Staff
Reviewed by: Glen Googins, City Attorney
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution
2. Council Policy 057