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May 5, 2026

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May 5, 2026
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Rules & Legislation Committee
April 16,
2026

AGENDA REPORT
TO: The Honorable City Council FROM: Asha N. Reed
City Clerk and Clerk of the
Council
SUBJECT: Amending Resolution 91010 to Add
Rule 33
DATE: April 3, 2026

RECOMMENDAT
ION

ADOPT A RESOL
UTION AMENDING AND RESTATING THE COUNCIL’S RULES OF
PROCEDURE IN THEIR ENTIRETY IN ORDER TO ADD RULE 33 REGARDING HYBRID MEETINGS AND TECHNOLOGICAL DISRUPTIONS THEREOF.

EXECUTIVE SUMM
ARY
Senate Bill 707, E
ffective January 1, 2026, Substantively Amended The California Brown Act.

These Amendments Include A Requirement That The City Council Adopt A Policy Regarding Disruption of Telephonic Or Internet Service Occurring During Hybrid Meetings.

The Proposed Resolution Restates the Council’s Existing Rules Of Procedure In Their Entirety While Also Adding Rule 33 To Comply With The Obligations Of Senate Bill 707. Rule 33 Includes Three Provisions:

1. Section A Requir
es That All Meetings of The City Council Will Be Held In A Hybrid Format.

2. Section B Describes the Procedures That Will Be Followed If The Telephonic Or Internet Service Enabling Hybrid Meetings Is Disrupted.

3. Section C Provides Limited Circumstances Where The City Council May Hold A Meeting Without Providing A Hybrid Option.

To Come Into Compliance With Senate Bill 707, This Proposed Rule 33 Should Be Adopted Prior To July 1, 2026.

BACKGROUND / LEG

ISLATIVE HISTORY
City Charter S
ection 210 Mandates That Council Establish Rules Of Procedure For Conduct Of Meetings And Order Of Business. The City Council Amended Its Rules Of Procedure In Late 2025 With The Goal Of Providing For Greater Focus On Substantive Items That Benefit From Further Discussion At Full City Council By (1) Removing The Requirements That Non-Consent Items Start No Earlier Than 5 P.M.; (2) Amending The Order Of The Agenda So That Non- Consent Items Are Heard Before Consent Items; And (3) Removing Ceremonial Items As A Separate Agenda Section And Treating Ceremonial Items As Advisory Resolutions.

Subject: Amending Resolution 91010 to Add Rule 33
Date: April 3, 2026 Page 2
Rules & Legi
slation Committee
April 16, 2026
Senate Bill 707, Effective January 1, 2026, Amended Several Of The Teleconferencing Provisions Contained In The California Ralph M. Brown Act, California’s Open Meeting Law.

Pursuant To The Senate Bill 707 Amendments, The City Council Will Be Required By Law, Starting July 1, 2026, To Host Meetings In A Hybrid Format. Since The City Council Has Already Opted To Operate Hybrid Meetings, The Legal Requirement Will Have No Operational Impacts.

Senate Bill 707 Also Requires That The City Council Approve A Policy Regarding Disruption Of The Service Enabling The Hybrid Format. If A Disruption Prevents The Public From Attending Or Observing A Meeting, The City Council Must Take A Recess And Try To Restore Service For At Least One Hour. After An Hour, The City Council Meeting May Resume Only Upon Adopting A Finding That Good-Faith Efforts Were Made To Restore The Service And That The Public Interest In Continuing The Meeting Outweighs The Public Interest In Remote Public Access.

The Policy Must Be Adopted On Or Before July 1, 2026 And Must Be Placed On The Non- Consent Calendar

ANALYSIS AND POLICY ALTERNATIVES
The Proposed Rule 33 States That Meetings Of The City Council Shall Be Held In A Hybrid Format To Include An Opportunity For Members Of The Public To Attend Via A Two-Way Telephonic Service Or Audiovisual Platform. The Meeting Agenda Shall Include Information On How To Participate Using The Two-Way Telephonic Or Audiovisual Service. To The Extent Feasible, Automatic Captioning Will Be Activated During The Meeting If The Meeting Is Conducted Through A Two-Way
Audiovisual Platform That Includes An Automatic Captioning Function. A Council May Hold A Meeting Without Providing A Hybrid Option If Adequate Telephonic Or Internet Service Is Not Operational At The Meeting Location Or In One Of The Following Circumstances:

1. Attendance At a J
udicial Or Administrative Proceeding To Which The City Is A Party.

2. Inspection O
f Real Or Personal Property Provided That The Topic Of The Meeting Is Limited To Items Directly Related To The Real Or Personal Property.

3. Meeting With El
ected Or Appointed Officials Of The United States Or The State Of California, Solely To Discuss A Legislative Or Regulatory Issue Affecting The City And Over Which The Federal Or State Officials Have Jurisdiction.

4. Meeting In Or N
ear A Facility Owned By The City, Provided That The Topic Of The Meeting Is Limited To Items Directly Related To The Facility.

5. Meeting In An Em
ergency Situation Pursuant To California Government Code Section 54956.5.

Proposed Rul
e 33 Provides For The Following Procedure In The Event That Telephonic Or Internet Service Enabling Hybrid Meetings Is Disrupted During A City Council Or Council Committee Meeting:

Subject: Amending Resolution 91010 to Add Rule 33
Date: April 3, 2026 Page 3
Rules & Legi
slation Committee
April 16, 2026

1. The Clerk O
r The Chair Will Announce To Those Persons Attending In Person That The Service Enabling Hybrid Meetings Has Been Disrupted.

2. The Chair Wil
l Announce The Current Time And Immediately Recess The Meeting.

3. During The Rec
ess, The Office Of The City Administrator, The Office Of The Clerk, And KTOP Staff Will Make Good Faith Efforts To Restore The Service Enabling Hybrid Meetings.

4. If The Servic
e Enabling Hybrid Meetings Is Restored, Then The Chair May Immediately Reconvene The Meeting.

5. If The Servic
e Enabling Hybrid Meetings Is Not Restored, The Meeting May Convene Only After A Recess Of At Least One Hour Since The First Announcement Of The Disruption. The Chair Will Request That The City Administrator Or The City Administrator’s Designee Describe The Efforts Made To Restore Service. After Staff Present The Description, The Chair Will Entertain A Motion To Adopt A Finding That Good Faith Efforts To Restore The Service Have Been Made In Accordance With This Rule 33, And That The Public Interest In Continuing The Meeting Outweighs The Public Interest In Remote Public Access. If Such Motion Is Adopted By The Majority Of The Councilmembers Present And Voting, The Meeting Shall Resume.

6. If A Motion Is N
ot Made Or Does Not Pass, Or If There Is No Longer A Quorum Of The Councilmembers Participating In The Meeting, The Meeting Will Immediately Adjourn.

FISCAL I
MPACT
The Proposed Amendments To The Council Rules Are Not Anticipated To Have Any Fiscal Impact.

PUBLIC OUTREACH / INTEREST
This Item Will Be Noticed Pursuant To The Sunshine Ordinance In Advance Of Its Hearing At The Rules And Legislation Committee Meeting And Will Subsequently Be Considered By The City Council On The Non-Consent Calendar.

COORDINATION
The Office Of The City Clerk Has Introduced The Proposed Amendments To The Council Rules In Close Coordination With The Office Of The City Attorney.

SUSTAINABLE OPPORTUNITIES
The Proposed Amendments To The Council Rules Are Consistent With Obligations Under State Law, But May Have Ancillary Economic, Environmental, And Race & Equity Impacts By Fostering Greater Public Access To Meetings In Case Of Technological Disruption To The Meeting.

Subject: Amending Resolution 91010 to Add Rule 33
Date: April 3, 2026 Page 4
Rules
& Legislation Committee
April 16, 2026
ACTIO

N REQUESTED OF THE CITY COUNCIL
Staff Reques
ts The City Council Adopt The Resolution Amending And Restating The Council’s Rules Of Procedure In Their Entirety In Order To Add Rule 33 Regarding Hybrid Meetings And Technological Disruptions Thereof.

For questi
ons regarding this report, please contact ASHA REED at (510)238-3122.

Respec
tfully submitted,

ASHA REED
City Clerk and Clerk of the Council

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