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HomeMy WebLinkAboutCC Resolution 26-13406 - Adoption of Technology Disruption Policy in Compliance with Senate Bill 707RESOLUTION NO. 26-13406 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A TECHNOLOGY DISRUPTION POLICY TO ESTABLISH PROCEDURES FOR RESPONDING TO DISRUPTIONS OF TELEPHONIC OR INTERNET SERVICES DURING CITY COUNCIL MEETINGS, AND DIRECTING STAFF TO ENGAGE IN AND IDENTIFY "REASONABLE EFFORTS" FOR OUTREACH TO ENCOURAGE PARTICIPATION IN CITY COUNCIL MEETINGS, TO ENSURE COMPLIANCE WITH SENATE BILL 707 AND THE RALPH M. BROWN ACT. WHEREAS, the Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and WHEREAS, Senate Bill 707 (2025) amended the Brown Act to update teleconferencing and accessibility requirements, including provisions related to remote participation in public meetings; and WHEREAS, Government Code § 54953.4(b)(1)(A) requires eligible legislative bodies, on or before July 1, 2026, to adopt at a noticed public meeting in open session a policy addressing disruption of telephonic or internet service during meetings conducted with remote participation; and WHEREAS, the required policy must address procedures for recessing and reconvening a meeting in the event of a disruption and the efforts the legislative body will make to attempt to restore service; and WHEREAS, Government Code § 54953.4 further requires that, in the event of a disruption preventing members of the public from observing or participating in the meeting through a two-way telephonic or audiovisual platform, the legislative body shall recess the open session for at least one hour and make a good faith effort to restore service, and may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first; and WHEREAS, if telephonic or internet service has not been restored upon reconvening, the legislative body must make findings by roll call vote that good faith efforts to restore service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access; and WHEREAS, adoption of a technology disruption policy is required to ensure compliance with state law and to promote transparency and continuity of public meetings; and WHEREAS, the proposed policy addressing disruption of telephonic or internet service during meetings of the City Council has been prepared in accordance with Government Code § 54953.4; and WHEREAS, the activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required; and WHEREAS, SB 707 also requires city councils to encourage residents' participation in public meetings by (1) providing an electronic system that accepts and fulfills requests for meeting agendas and documents through email or a web platform via a direct link on the City Council's website home page; (2) maintaining an accessible webpage for the City Council providing explanations of the general meeting process, how to provide in -person, remote, or written public comments, a calendar of all meeting dates, and the meeting agendas; and (3) undertaking "reasonable efforts" to invite groups that do not traditionally participate in public meetings to attend meetings, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as follows: Section 1. Adoption of Policy. The City Council hereby adopts the policy entitled "Disruption of Telephonic or Internet Service During Public Meetings," substantially in the form attached hereto as Exhibit 1. Section 2. Implementation. The City Clerk is authorized and directed to implement the policy in coordination with agency staff, legal counsel, and technology support staff, as appropriate. Section 3. Minor Modifications. The City Attorney may approve minor, non -substantive modifications to the policy as necessary to conform to applicable law, agency practices, or formatting requirements, provided such modifications do not materially alter the intent of the policy. Section 4. Encouraging Participation in Meetings. The City Council hereby directs City staff as follows: • By July 1, 2026, the City Clerk's Office is directed to provide, on the City Council website home page, the(.1.e�r1�..soff c,e:4t;.c,an,ji)_1)e.Ilcao email address where the community can request and the City can fulfill meeting agendas and documents. • By July 1, 2026, the City Clerk's Office is directed to provide information on how a community member can provide in -person, remote, or written public comments to a City Council agenda item. This information is currently listed on the City Council agenda first page. The City Clerk's Office is directed to add similar language to the City website Agenda Center — where agendas are posted — and the City Council home page. • City Staff is directed to report back to City Council on ways the City Council can increase community involvement at meetings. PASSED AND ADOPTED this 16th day of June 2026 by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None PPROVED: Daniel E. Furtado, ayor ATTEST: _4'. - 1 '0 " Andrea Saro rs, City Clerk DRAFT - Disruption of Telephonic or Internet Service During Public 0 0 Meetings Policy a a ' rRCw,0 1. Background Senate Bill 707 (2025) amended the Ralp M. Brown Act (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 attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions. 2. 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, as required by the Brown Act (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions. 3. 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 these remote access services. • "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. 4. Applicability This policy applies to all open and public meetings of the City Council at which remote public participation is offered or required under the Brown Act. 5. Procedures in the Event of a Service Disruption 5.1. Response to Service Disruption If the Mayor 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 Mayor or Clerk shall immediately announce the disruption to the public. 2. The Mayor may then call for a recess of the open session or convene the City Council in closed session, consistent with the Brown Act. 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. Page 1 of 2 Draft - Technology Disruption Policy Required by SB 707 5.2. Efforts to Restore Service The City 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 The Clerk shall document the restoration efforts undertaken. 6. Reconvening the Open Session 6.1. 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. 6.2. 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. 6.3. If Service Is Not Restored If service has not been restored after one hour, the City Council 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 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 despite the fact that remote access services have not been restored. 7. Recordkeeping The Clerk shall enter a brief statement into the meeting minutes, including the following. • The nature and time of the disruption • The restoration efforts undertaken • The time the meeting was reconvened (if applicable) • Any finding adopted pursuant to Section 6.3 8. Review and Updates This policy may be amended by the City Council at a noticed public meeting in open session, not on the consent calendar. 5/26/2026 1 Page 2 of 2