Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: APRIL 15, 2026
SUBJECT: CONSIDERATION AND ADOPTION OF A RESOLUTION
AUTHORIZING REMOTE PARTICIPATION FOR SUBSIDIARY
BODIES PURSUANT TO SENATE BILL 707
RECOMMENDATION
It is recommended that the Council receive the staff report and consider and possibly adopt the attached resolution authorizing remote participation for "eligible subsidiary bodies" of the Town, as that term is defined in the Brown Act – specifically, the Environmental Programs Committee, the Transportation, Bicycle and Pedestrian Committee, and the Park and Recreation Committee consistent with the requirements of Senate Bill 707.
BACKGROUND
On October 3, 2025, Governor Newsom signed Senate Bill 707 ("SB 707") into law, enacting the most significant overhaul of the Ralph M. Brown Act in decades. SB 707 modernizes open meeting requirements, including those governing teleconferencing and remote participation by members of legislative bodies and their subsidiary bodies.
At its February 18, 2026, meeting, the City Council adopted a policy establishing procedures for recessing and reconvening Council meetings in the event of a disruption to telephonic or internet service that prevents public two-way remote participation. That policy addressed the Town's obligations as an "eligible legislative body" under SB 707 and was incorporated into the City Council Policy Handbook.
This staff report addresses a separate but related provision of SB 707 -- the authorization of remote participation for certain subsidiary bodies of the Town.
ANALYSIS
SB 707 establishes a framework under which certain subsidiary bodies that are subject to the Brown Act may conduct meetings using teleconferencing. This authority is limited to subsidiary bodies that are advisory in nature, do not exercise final decision-making authority on legislation, Subsidiary Bodies Under SB 707
APRIL 15, 2026
regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds. and are not formed to address specified subject areas such as budgets, elections, or taxes.
Under this framework, remote participation for eligible subsidiary bodies is not self-executing. It must be expressly authorized by the governing board through formal resolution adopted in open session, and that authorization must be renewed every six months to remain effective.
The Town 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 three bodies are advisory in nature and do not hold final decisionmaking authority. Authorizing remote participation for these committees will provides scheduling flexibility and may broaden participation by committee members who are otherwise unable to attend in person.
The Planning Commission and the Audit and Finance Committee are not eligible for remote participation under this provision. The Planning Commission exercises final decision-making authority on certain land use matters, and the Audit and Finance Committee addresses subject areas, including budgets and financial oversight, that fall within the categories expressly excluded by SB 707. Both bodies must continue to meet in accordance with traditional Brown Act teleconferencing requirements or in person.
When remote participation is authorized for an eligible subsidiary body, the committee must still designate a physical meeting location that is 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 physical meeting location during the meeting.
A few key points with respect to the enacting legislation:
• Government Code Section 54953.8.6(a)(2)(A) provides that “A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting…” With limited exceptions (such as internet connectivity), members would be unable to participate if they cannot participate via camera. • Government Code Section 54953.8.6(a)(4)(A) provides that the City Council must renew the finding in the attached resolution every six months. • Government Code Section 54953.8.6(a)(4)(B) provides that when a subsidiary body makes a recommendation, the City Council shall hold a discussion at a Regular Meeting (not a Study Session or other Special Meeting) meeting within 60 days after the Council receives the request. That discussion must be on the Regular Agenda (not Consent). Further, the City Council shall not take any action on the recommendations until the next Regular Meeting of the Council after the discussion.
Taken together, this means that the City Council must renew the authorization for remote meetings every six months; that members participating remotely must generally participate with their cameras on; and that any recommendation from a subsidiary committee must be heard by the City Council at the next Regular Meeting on the Regular Agenda but no action can be taken until the following Regular Meeting such that issues would be agendized twice before the City Council before action can be taken.
Subsidiary Bodies Under SB 707
APRIL 15, 2026
The Town is not required to adopt such policy. If it does not, the Committees would continue to meet as they are now, in person. Each committee member who wishes to participate by teleconference would need to comply with the existing requirements in the Brown Act that require either posted notice of their location 72 hours in advance, or, in the event of an emergency or for "just cause", that the committee by 4/5 make findings and allow teleconference participation.
FISCAL IMPACT
None at this time.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal D - Be Forward Thinking
POLICY FOCUS
There are no policy issues significant to this item.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. Resolution Authorizing Remote Participation for Eligible Subsidiary Bodies
2. Excerpt from Government Code