Item No. 18.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY ATTORNEY
BY:ALICIA DUARTE, CITY CLERK
JOHN M. FUNK, CITY ATTORNEY
DATE:MAY 26, 2026
SUBJECT:
ADOPTION OF RESOLUTION APPROVING A POLICY REGARDING DISRUPTION OF
TELEPHONIC OR INTERNET SERVICE DURING CITY COUNCIL MEETINGS AND RELATED ACTIONS AND UPDATES TO THE BROWN ACT UNDER SB 707
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution approving a policy regarding disruption of telephonic or internet service during City Council meetings, designate the means for remote public participation at City Council meetings occurring after July 1, 2026, and receive a report regarding recent updates made to the Ralph M. Brown Act by Senate Bill 707.
RECOMMENDATION
That the City Council:
1. Adopt Resolution No. 26-8358, approving a Policy Regarding Disruption of Telephonic or Internet Service during City Council meetings; and,
2. Designate Town Voice, a two-way audiovisual platform, as the means for remote public participation at City Council meetings occurring after July 1, 2026.
BACKGROUND
On October 3, 2025, Governor Newsom signed into law Senate Bill (SB) 707, a significant update to local government meeting requirements contained in the Ralph M. Brown Act. SB 707 is intended to diversify and increase public engagement in local government and also modernize the Brown Act in the face of technological advancements. While some provisions of SB 707 took effect on January 1, 2026, the most significant changes in SB 707 will become effective on July 1, 2026 and remain so until January 1, 2030.
SB 707 amends numerous provisions of the Brown Act and places new restrictions, expectations, and duties on legislative bodies. While SB 707 generally applies to all cities, including charter cities, the most significant changes in SB 707 apply to newly defined "eligible legislative bodies." Beginning July 1, 2026, eligible legislative bodies will be subject to new requirements relating to the conduct of public meetings.
In pertinent part, SB 707 defines an "eligible legislative body” as a city council of a city with a population of 30,000 or more. The Downey City Council falls within this definition and is therefore subject to the requirements of SB 707 discussed below.
DISCUSSION
Effective July 1, 2026, SB 707 imposes several new requirements concerning the conduct and protocols of City Council meetings. These requirements apply exclusively to the proceedings of the City Council and not those of any other City boards, committees, or commissions. Implementation of SB 707 will be overseen primarily by the Clerk's Office.
Remote Public Attendance and Comment
Under SB 707, the City must provide members of the public the opportunity to attend council meetings and comment through either a two-way telephonic service or a two-way audiovisual platform. A two-way telephonic service means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. A two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting by both an interactive video conference and a two-way telephonic service. If an automatic captioning function is included with the two-way audiovisual platform, it must be activated. Remote public comments have the same time allotment as in-person comments and may be limited or otherwise regulated based upon the same authority available to the City for in-person comment.
Currently, City Council meetings are broadcast view-only on a dedicated YouTube channel without the opportunity for remote public comment. While this livestream may continue, standing alone, it does not satisfy SB 707. As explained above, beginning on July 1, 2026, the City must provide remote public attendance and comment by either two-way telephonic service or two-way audiovisual platform. City Staff recommends TownVoice, a two-way audiovisual platform that will be integrated with the City's agenda management software. The first meeting at which remote participation by the public will be offered is anticipated to be July 28, 2026, as the City Council is not scheduled to meet on July 14, 2026.
The current rules of conduct for City Council meetings, as set forth in Downey Municipal Code Section 2105, will operate and apply to remote public comment in the same manner as in-person comment. Should any changes prove necessary, Section 2105 will be separately amended.
Disruption of Telephonic or Internet Service
SB 707 requires the adoption, in open session and not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during City Council meetings. The policy must include the following items:
If a disruption prevents public participation through two-way telephonic or audiovisual platforms, the legislative body must recess the open session for at least one hour and make a good faith attempt to restore the service.
The body may meet in closed session during the recess.
Open session may not reconvene until at least one hour has passed or service is restored, whichever comes first.
Upon reconvening the open session, if service has not been restored, the body may resume proceedings only after adopting, by roll call vote, a finding that good faith efforts to restore service were made and that continuing the meeting outweighs the public interest in remote public access.
A policy that is compliant with SB 707 is attached for approval by the City Council.
Reasonable Translation Assistance
Included in SB 707's new requirements is the obligation to "reasonably assist" members of the public who wish to translate a City Council meeting into any language or wish to receive interpretation provided by another member of public, so long as the interpretation does not disrupt the meeting. Instructions on how to request assistance must be publicized and may include the following:
Arranging space for one or more interpreters at the meeting.
Allowing extra time during the meeting for interpretation to occur.
Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services.
The City itself is not required to provide interpretation services; nor is the City responsible for the content or accuracy of any interpretation that may be facilitated, assisted with, or provided.
Local Outreach to Encourage Public Participation
Under SB 707, to encourage participation in City Council meetings by residents, including those in underrepresented communities and non-English-speaking communities, the City is required to take the following actions:
Provide a system to electronically accept and fulfill requests for meeting agendas and documents through e- mail or an integrated agenda management platform, with instructions accessible through a prominent direct link on the City's website.
Maintain an accessible webpage for public meetings that includes or links to a general explanation of the meeting process, instructions for submitting in-person or remote oral public comment or written public comment, the date, time and location of each meeting, posted agendas, and a link to this webpage from the City's main website.
Make reasonable efforts to invite groups that do not traditionally participate in City Council meetings, which may include media organizations providing local coverage, "good government," civil rights, and other community groups that are active in the City.
It should be noted that the City has broad discretion in the choice of reasonable efforts in the above respects and that no legal action can be taken against the City for failing to provide information to any specific group.
Agenda Translation and Posting
SB 707 requires the agenda for each City Council meeting to be translated into "all applicable languages," with each translation posted in accordance with the ordinary posting protocols. Only the agenda itself must be translated and not the entire agenda packet. For purposes of SB 707, "applicable languages" means languages, according to data from the most recent Census Bureau's American Community Survey, spoken jointly by 20 percent or more of the City's population that also speaks English less than "very well." The City's webpage for public meetings must be translated into all applicable languages as well. A translation using a digital translation service satisfies all these requirements (the City's agenda management software offers this service for the agenda). Finally, there must be a physical location freely accessible to the public in reasonable proximity to the location where council agendas are posted where members of the public are allowed to post additional translations of the agenda.
Legislative Body Teleconferencing
Under various circumstances, the Brown Act permits legislative body teleconferencing, defined as "a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video or both." SB 707 continues and updates this practice. Special requirements apply to all forms of teleconferencing.
In the traditional type of teleconferencing historically allowed under the Brown Act, the agenda must specify each teleconference location and must be posted at each location, which must be accessible to the public. All votes taken at a teleconference must be by roll call. The councilmember participating remotely ordinarily does not count toward quorum. Finally, the remote participant must be able to interactively speak, discuss, or deliberate on matters through either call-in or internet service. The teleconferenced meeting must comply in all other respects with the Brown Act and is in all respects the same as a meeting where the members are physically present in one location. The traditional teleconferencing rules do not apply when the member is participating remotely as a reasonable accommodation for a disability.
SB 707 also authorizes teleconferencing under alternative circumstances, such as during a state proclaimed emergency or a local emergency, with less stringent requirements than traditional teleconferencing. The same is true for "just cause" circumstances, when a councilmember is participating remotely because of a physical or family medical emergency, a childcare or caregiving need, a contagious illness, an immunocompromised family member, or a military service obligation that is at least 50 miles away.
Following the return of in-person public meetings after the COVID-19 state of emergency, teleconferencing has not been utilized by the members of the City Council for Council meetings. While the Brown Act authorizes teleconferencing by members of the legislative body, it does not require this practice, meaning that the City Council may elect whether or not to allow it (except where the member is eligible to use teleconferencing as a reasonable accommodation for a disability).
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
The two-way audiovisual platform recommended for compliance with SB 707 is estimated to cost approximately $6,000 annually, in addition to a one-time fee of approximately $13,500 to setup the system.
Attachments
Attachment A: Resolution No. 26-8358 - Adopting Policy re Service Disruption
RESOLUTION NO. 26-8358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A POLICY REGARDING DISRUPTION OF TELEPHONIC OR
INTERNET SERVICE DURING CITY COUNCIL MEETINGS
WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707, a significant update to local government meeting requirements contained in the Ralph M. Brown Act as codified in the California Government Code; and
WHEREAS, SB 707 is intended to diversify and increase public engagement in local government and also modernize the Brown Act in the face of technological advancements; and
WHEREAS, SB 707 imposes several new requirements on “eligible legislative bodies,” meaning in pertinent part a city council of a city with a population of 30,000 or more, like Downey; and
WHEREAS, among these requirements is to provide members of the public the opportunity to attend council meetings and comment through either a two-way telephonic service or a two-way audiovisual platform and to adopt in open session a policy by July 1, 2026 addressing disruption of telephonic or internet service occurring during city council meetings; and
WHEREAS, the City of Downey currently conducts livestreamed, in-person meetings without the opportunity for remote public comment remotely but will begin to allow both in- person and two-way remote public participation in response to SB 707, effective July 1, 2026; and
WHEREAS, to comply with SB 707, and to ensure continuity of public participation during technology interruptions, a proposed policy addressing disruption of telephonic or internet service occurring during City Council meetings has been prepared that satisfies the requirements of Government Code Section 54953.4, a copy of which is attached as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and determines that the foregoing Recitals are true and correct and incorporates the Recitals herein
SECTION 2. The City Council hereby approves the City of Downey Policy Regarding Disruption of Telephonic or Internet Service during City Council Meetings, a copy of which is attached as Exhibit A.
SECTION 3. If any section, subsection, clause or phrase in this Resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Resolution or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.
SECTION 4. This Resolution shall become effective upon its adoption.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
RESOLUTION NO. 26-8358
PAGE 2
APPROVED AND ADOPTED this 26th day of May, 2026.
CLAUDIA M. FROMETA, Mayor
ATTEST:
______________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 26th day of May, 2026, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
MARIA ALICIA DUARTE, CMC
City Clerk
RESOLUTION NO. 26-8358
PAGE 3
EXHIBIT A
City of Downey Policy Regarding Disruption of Telephonic or Internet Service during City Council Meetings
I. BACKGROUND
Senate Bill 707 (2025) amended the Ralph M. Brown Act to require the City Council to adopt, on or before July 1, 2026, a policy addressing how the City will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a City Council meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.
II. 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 as amended by SB 707. The policy ensures transparency, public participation, and continuity of government during technology disruptions.
III. DEFINITIONS
For purposes of this policy, the following definitions apply:
“Disruption” means a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting by 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.
IV. APPLICABILITY
This policy pertains to telephone or internet services that provide two-way remote public access to meetings of the City Council. This policy does not apply to one-way television broadcasts or one-way internet streams of City Council meetings. This policy does not apply to any other City appointive board, committee, or commission.
V. PROCEDURES IN THE EVENT OF A SERVICE DISRUPTION
1. Response to Service Disruption
If the Presiding Officer or City Clerk becomes aware of a disruption to the City’s remote access services that prevents members of the public from attending or observing the meeting remotely:
a. The Presiding Officer or City Clerk shall immediately announce the disruption to the public.
b. The Presiding Officer may then call for a recess of the open session or convene the City Council in properly noticed and announced closed session, consistent with the Brown Act.
RESOLUTION NO. 26-8358
PAGE 4
c. City Staff or designated contractors shall begin efforts to diagnose and restore the disrupted service.
d. 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.
2. Efforts to Restore Service
City staff or designated contractors shall make good faith efforts to restore remote access services, which may include without limitation:
• 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 City Clerk, in consultation with staff or designated contractors from the Information Technology Department, shall document the restoration efforts undertaken.
VI. RECONVENING THE OPEN SESSION
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.
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.
3. If Service is not Restored
If service has not been restored after one hour, the City Council may reconvene and:
a. Adjourn the meeting; or
b. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Downey has made good faith efforts to restore telephonic or internet service in accordance with the adopted City Council policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of this finding, the City Council may continue the open session despite the fact that remote access services have not been restored.
VII. RECORDKEEPING
RESOLUTION NO. 26-8358
PAGE 5
The City 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 VI