4925-1102-1980.1 014537.001
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON
AUTHORIZING REMOTE PARTICIPATION FOR ELIGIBLE SUBSIDIARY BODIES PURSUANT TO SENATE BILL 707
WHEREAS, the Ralph M. Brown Act, Government Code Section 54950, et seq. (the "Brown Act"), governs the open meeting requirements applicable to the City Council and its subsidiary bodies; and
WHEREAS, the Brown Act is intended to protect and encourage public access to public meetings and the decision-making processes of public entities in the State of California; and WHEREAS, on October 3, 2025, Governor Newsom signed Senate Bill 707 ("SB 707") into law, enacting significant amendments to the Brown Act, including provisions governing teleconferencing and remote participation by members of legislative bodies and their subsidiary bodies; and
WHEREAS, SB 707 authorizes certain eligible subsidiary bodies -- those that are advisory in nature, do not exercise final decision-making authority, and are not formed to address specified subject areas such as budgets, elections, or taxes -- to conduct meetings using teleconferencing; and
WHEREAS, SB 707 requires that remote participation for eligible subsidiary bodies be expressly authorized by the governing board through a resolution adopted in open session, and that such authorization be renewed every six months to remain effective; and WHEREAS, the Town of Atherton has three subsidiary bodies that qualify as eligible under SB 707: the Environmental Programs Committee, the Transportation, Bicycle and Pedestrian Committee, and the Park and Recreation Committee, all of which are advisory in nature and do not exercise final decision-making authority; and WHEREAS, the Planning Commission and the Audit and Finance Committee are not eligible for remote participation under this provision, as the Planning Commission exercises final decision-making authority on land use matters and the Audit and Finance Committee addresses subject areas expressly excluded by SB 707, including budgets and financial oversight; and WHEREAS, when remote participation is authorized, each eligible subsidiary body must designate a physical meeting location open to the public, ensure two-way audio and visual participation in most circumstances, and have at least one Town staff member physically present at the meeting location during the meeting; and
WHEREAS, the City Council finds that authorizing remote participation for eligible subsidiary bodies will provide scheduling flexibility and may broaden participation while maintaining the transparency and public access protections required by the Brown Act. 4925-1102-1980.1 014537.001
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Atherton hereby finds and authorizes remote participation for the following eligible subsidiary bodies of the Town, consistent with the requirements of SB 707 and the Brown Act:
1. The City Council has considered the circumstances of the eligible subsidiary bodies set forth in Section 3, below, and finds that teleconference meetings would enhance public access to those meetings, and the public has been made aware of the type of remote participate that will be made available at those meetings and provided the opportunity to comment during in-person meetings; and,
2. Teleconference meetings of the eligible subsidiary bodies would promote the attraction, retention and diversity of those committees' body members; and,
3. The following committees are eligible for teleconferencing pursuant to SB 707:
a. Environmental Programs Committee
b. Transportation, Bicycle and Pedestrian Committee
c. Park and Recreation Committee
BE IT FURTHER RESOLVED that this authorization is subject to the following conditions:
1. Each committee shall designate a physical meeting location that is open to and accessible by the public.
2. Remote participation shall be conducted using both audio and visual technology, except where the nature of a qualifying disability necessitates audio-only participation.
3. At least one Town staff member shall be physically present at the designated meeting location during any meeting at which remote participation is used.
4. This authorization shall remain in effect for six months from the date of adoption and must be renewed by resolution of the City Council to remain effective beyond that period.
BE IT FURTHER RESOLVED that this authorization does not mandate remote participation at any specific meeting, but enables these committees to use teleconferencing when appropriate and consistent with the conditions set forth herein and in SB 707.
PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton held on the 15th day of April 2026 by the following vote:
AYES: Council members:
NOES: Council members:
ABSENT: Council members:
Stacy Holland, MAYOR
Town of Atherton
ATTEST:
4925-1102-1980.1 014537.001
Anthony Suber, City Clerk
APPROVED AS TO FORM:
Mona Ebrahimi, City Attorney