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agenda-report Adoption of a Technology Disruption Policy for City Council Meetings pursuant to Senate Bill 707 (SB 707) Brown Act Amendments effective July 1, 2026

Pacifica City Council
June 22, 2026

Document
agenda-report Adoption of a Technology Disruption Policy for City Council Meetings pursuant to Senate Bill 707 (SB 707) Brown Act Amendments effective July 1, 2026
Meeting
June 22, 2026
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Pacifica City Council
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190 KB
Text extracted from the city's file for reading and search. Open the original on pacificacityca.iqm2.com. That file is the official record.

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
6/22/2026
1 SUBJECT:

Adoption of a Technology Disruption Policy for City Council Meetings pursuant to Senate Bill 707 (SB 707) Brown Act Amendments effective July 1, 2026 RECOMMENDED ACTION:

1. Receive a report regarding Senate Bill 707 (SB 707) which enacts major amendments to the Ralph M. Brown Act.

2. Adopt the Resolution entitled, “A Resolution of the City Council of the City of Pacifica Adopting Policy for Disruption of Remote Access During Public Open Meetings of City Council Consistent with SB 707 (Administrative Policy No. 85)”.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
Michelle Marchetta Kenyon, City Attorney
[email protected]
BACKGROUND:

On October 3, 2025, the Governor signed Senate Bill 707 (SB 707) into law. Senate Bill 707 enacted two significant categories of amendments to the Ralph M. Brown Act: (1) expanding public access and participation requirements applicable to certain City Councils as “eligible legislative bodies” effective July 1, 2026 and (2) procedural and participation requirements for non-traditional teleconferencing applicable to all city legislative bodies effective January 1, 2026.

The text of SB 707 is included as Attachment B.

A City Council will qualify as an “eligible legislative body” under Government Code § 54953.4(e)(2) if:
(a) the city has a population of at least 30,000 people; or (b) the city, no matter what size, is located in a county with a population of at least 600,000 people.

The City Council of the City of Pacifica qualifies as an eligible legislative body as the City of Pacifica’s population is greater than 30,000 based on the 2020 Census.

This report provides a summary of key provisions and recommendations and/or actions taken for implementation.

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DISCUSSION:

SB 707 Provisions Effective July 1, 2026 for “Eligible Legislative Bodies” (City Council):

Mandatory Remote Public Attendance Option and Adoption of Technology Disruption Policy Beginning July 1, 2026, SB 707 requires that the City must offer remote public attendance and comment for City Council meetings under Government Code § 54953.4(b)(1)(A)(i)(I)(ia) through either a two-way audio-visual platform or a two-way telephonic service and must enable autocaptioning if included with the two-way audio-visual platform.

The Council must adopt a policy for handling telephonic or internet disruptions and making good faith restoration efforts (Gov. Code § 54953.4(b)(1)(A)(i)(I)(ib)). This policy may not be adopted on the Consent Calendar. The policy must provide that the Council may either adjourn the meeting or recess open session for at least one hour and make a good faith effort to restore service should a service disruption occur. If the service is not restored after one hour, Council can permit, by roll call vote, proceeding with the meeting if certain findings are made that a good faith attempt at service restoration was made in accordance with the policy and the public interest to proceed without remote access outweighs the public interest in maintaining remote public access.

The City of Pacifica has generally provided remote public attendance and comment via the Zoom platform for regular City Council meetings since resuming in-person meetings following the COVID-19 pandemic. The City will continue with this practice in compliance with SB 707 requirements, but the provision will also apply beginning July 1, 2026 to City Council special meetings, study sessions, workshops involving a quorum of members, and off-site meetings.

Therefore, the City will need to ensure remote public participation options for additional Council meetings. The City will make minor amendments to the City Council Agendas for information on remote public participation and comment access as required effective July 1, 2026. The City has purchased two OWL camera devices for use to allow for two-way audio-visual remote participation for instances where Council meetings may be held in a venue outside of the Council Chambers or when the meeting may not be televised by Pacific Coast TV for the visual component. The City has installed an Uninterrupted Power Supply at Council Chambers in case of power outage that will serve to prevent service interruption during the switchover to generator supplied power to Council Chambers. The City has provisioned a secondary internet service circuit as a back up to the primary internet service to Council Chambers to prevent internet downtime or interruption.

The proposed Resolution with this staff report includes as Exhibit A the proposed new Administrative Policy No. 85 “Disruption of Remote Access During Public Open Meetings of City Council Consistent with SB 707” to address the policy provision requirement under SB 707. If adopted, this policy will take effect on July 1, 2026.

All other legislative bodies such as the Planning Commission or advisory bodies such as the City Council appointed Committees and Commissions are not required to implement this provision or policy as discussed in this section. The City’s practice resuming in-person meetings following the COVID-19 pandemic has been to provide for remote public attendance and comment via the Zoom platform for regular Planning Commission meetings, and while not required to do so, will continue this practice. However, the City may, but is not required to, recess or adjourn the Planning Commission meeting in the event of a disruption to the remote access service.

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Additional SB 707 Requirements (Separate from Adoption of Technology Disruption Policy)
Translation of Meeting Agendas into Applicable Languages Beginning July 1, 2026, SB 707 requires that the City must translate and post meeting agendas for “eligible legislative bodies” (City Council) for any language spoken by at least 20% of the applicable population provided that at least 20% of individuals speaking that language speak English less than “very well”. (Gov. Code § 54953.4(c) and § 54954.2(e)). The translation must be done for the Agenda outline only, not for the entire Agenda packet. The translated Agenda must include instructions for remote public access. The translated Agenda must be posted within the standard timelines under the Brown Act and must be posted physically and online.

The City must also allow the public to post additional agenda translations in a city-dedicated publicly accessible space in reasonable proximity to the city’s posted agendas.

Based on analysis of the City of Pacifica’s most recent American Community Survey data for languages spoken by residents age five and older from 2024 (ACS Table C16001, Pacifica, California, release 2024), there are no applicable languages that meet the threshold of at least 20% of the applicable population. The highest percentage of the population 5 years and older speaking a language other than English according to the ACS 2024 data is 7.9% speaking Spanish, followed by 4.4% speaking Tagalog and 4.2% speaking Chinese. Therefore, the agenda translation requirements under SB 707 do not apply currently. The City will re-evaluate this criteria annually as updated ACS data becomes available.

Allow Language Interpretation Assistance During Meetings Beginning July 1, 2026, SB 707 requires that the City must reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive an interpretation by another member of the public, as long as it does not disrupt the meeting, and the City must publicize instructions on how to receive translation assistance. This may include providing extra space or time and allowing personal equipment for commercial interpretation services use. City Council Agendas include language for contacting the City to request ADA or language assistance in advance of the meeting. If a request is received, the City Clerk’s Office will work with the individual to identify and provide appropriate accommodations. The City’s Zoom platform for remote participation also provides a language translation feature.

Update Meeting Webpage and Conduct Reasonable Public Outreach Beginning July 1, 2026, SB 707 requires that the City create a link on the City home webpage for request for meeting agendas; maintain an accessible meetings webpage with an explanation of the meeting process, procedures for public comment and a calendar of public meeting dates; post the agenda on a primary city webpage; and make reasonable efforts to invite meeting participation from non-traditional and language-minority audiences via media and communitybased organizations.

SB 707 Changes to Non-Traditional Teleconferencing Provisions Effective January 1, 2026:

SB 707 made changes effective January 1, 2026 to expand and clarify “non-traditional / alternative” teleconferencing rules that were established under AB 2449 for Just Cause and under a State of Emergency and for optional teleconferencing provisions for certain advisory bodies such as commissions and committees. SB 707 consolidates the prior “Just Cause” and “Emergency Circumstances” provisions from AB 2449 into a single category under “Just Cause” and expands the circumstances under which a member may participate remotely (Gov. Code § Pacifica City Council 4
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54953.8.3(c)(1 - 7)), including for:
• childcare / caregiving for designated family members or immunocompromised family members
• contagious illnesses
• physical or mental condition requiring teleconferencing • travel on official government business, including city business • physical or family medical emergency
• military service obligations requiring services 50 or more miles outside the city The member must notify the body at the earliest opportunity (including at the start of the meeting) of “Just Cause” need for remote participation; it is not required to disclose private medical information. The member must utilize both audio and visual means of remote participation. Before any action (vote), remote members must disclose whether anyone 18 years or older is in the room and their general relationship.

The Minutes of the meeting must list remote participants and the legal provision allowing for their participation. A maximum use of the “Just Cause” provision for remote participation per member applies:
(a) two meetings / year if the body meets once a month or less, (b) five meetings / year if the body meets twice a month, (c) seven meetings / year if the body meets three or more times a month.

SB 707 provides for teleconferencing during a state or local State of Emergency (Gov. Code § 54953.8.2) subject to certain legislative findings and renewal of such findings every 45 days.

ADA / Reasonable Accommodations
A legislative body member with a disability may participate remotely as a reasonable accommodation under applicable law (Gov. Code § 54953(c)). The member must use AV technology unless a disability-related condition requires audio only. Before any action, the member must disclose whether anyone 18 years or older is in the room and their general relationship. Remote participation counts as in-person attendance for the quorum. Other teleconferencing requirements under Gov. Code § 54953(b) and § 54953.8 - 54953.8.7 do not apply.

Options for Teleconferencing for Council-Authorized Eligible Subsidiary Bodies (Committees / Commissions)
Beginning January 1, 2026, SB 707 allows for teleconferencing for eligible subsidiary bodies under Gov. Code § 54953.8.6. The eligible subsidiary body must be created by formal city council action; not take final action on legislation, regulations, contracts, licenses, permits, entitlements, grants or funding allocations; and not have primary jurisdiction over elections, budgets, police oversight, privacy, library content, or taxes / spending. Before the first remote meeting of the subsidiary body and every 6 months thereafter, the Council must make certain findings (i.e. teleconferencing will enhance public access and promote attraction, retention and diversity of members) and a majority vote of the subsidiary body to approve the proposed teleconferencing. There must be one physical meeting site within the City’s jurisdiction for in person attendance with open and accessible public access, at least one staff member from either the subsidiary body or council must be present, and the agenda must be posted at the physical location (but not at remote locations). All teleconferencing body members must be visibly present during the open portion of the meeting unless a physical or mental condition or loss of connectivity makes video participation infeasible. Elected Officials who are members of subsidiary bodies can only participate remotely under the traditional teleconferencing rules. A Pacifica City Council 5
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subsidiary body may request to present its recommendation to the Council, then the Council would be required to agendize and discuss within 60 days and must not be placed on Consent, and Council can only act on the recommendation at a subsequent meeting.

To allow for teleconferencing option for eligible subsidiary bodies, this would require additional staffing for the meeting of those bodies and may require re-location or provision for additional technology or equipment to resource the teleconferencing option. Some regular meeting locations are not currently equipped to provide for a reliable teleconferencing ability. No requests have been received to-date from advisory committees seeking the teleconferencing option and there has generally not been a challenge to achieve a quorum of members present for in-person advisory committee meetings. Staff’s assessment of instances that involved an advisory committee member’s lack of attendance at regular meetings would likely not have been mitigated by providing a teleconferencing option for attendance. Additionally, providing for a teleconferencing option for advisory committee meetings may establish an inequity by requiring some participants to attend in-person (i.e. elected officials and staff members) while allowing for others to attend remotely. Due to staffing, location, budget and resourcing constraints, in addition to the other considerations discussed, it is not recommended to provide for the teleconferencing option for subsidiary bodies at this time.

SB 707 Other Provisions applicable to “All Legislative Bodies” Effective January 1, 2026:

Ejection / Removal for Disruption (Live and Online) (Gov. Code. § 54957.95 & 54954.96) The Brown Act authorizes the removal of an individual for “disrupting” the meeting. A “disruption” is defined as engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. Unless danger is imminent, the Presiding Officer or designee must warn participants before removing them for disruption. The reasons for removal must be documented in the meeting minutes. SB 707 now provides for authorization for removal for online disruption (e.g. “Zoom bombing’).

Distribution of Copies of the Brown Act
Effective January 1, 2026, SB 707 requires that the City must provide every elected or appointed legislative body member a copy of the Brown Act before their first meeting (Gov.

Code § 54952.7). The City Attorney’s Office prepared a compilation of the text of the Brown Act in effect as of January 1, 2026, which was distributed by the City Clerk’s Office to all members of the City Council and applicable City Committees and Commissions. The City Clerk’s Office distributes this copy of the Brown Act at the time of send the letter of appointment to new Committee / Commission members to comply with this requirement.

Social Media
The Brown Act prohibits members of a legislative body from responding directly to another member’s social media communication concerning matters within the body’s jurisdiction. SB 707 removes the sunset date on the prior AB 992 that established this restriction to allow continued regulation.

NEXT STEPS:

1. City Council to adopt the Resolution and technology disruption policy.

2. City Council to receive and review the report regarding the SB 707 amendments to the Ralph M. Brown Act.

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ALTERNATIVE ACTION:

The City Council could choose to not accept this report and decline adopting the proposed policy, and therefore would not be in compliance with Government Code § 54953.4.(b)(1)(A)(i)(1)(ia).

CEQA:

This item is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that discussion of the amendments to the Brown Act as a result of SB 707 may have a significant effect on the environment.

FISCAL IMPACT:

There will be some administrative and operational fiscal impacts to comply with these new mandated requirements, which are expected to be within existing budgeted expenses.

Equipment and service enhancement expenses related to technology components and upgrades.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Exhibit A: Proposed AP-85 Disruption Of Remote Access to City Council Meeting (SB 707) (PDF)
Attachment B: Bill Text SB 707 (2025) (PDF)
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADOPTING POLICY

FOR DISRUPTION OF REMOTE ACCESS DURING PUBLIC OPEN MEETINGS OF CITY COUNCIL CONSISTENT WITH SB 707 (ADMINISTRATIVE POLICY NO. 85) WHEREAS, pursuant to Senate Bill 707, Government Code section 54953.4 requires that, beginning July 1, 2026, eligible legislative bodies provide members of the public an opportunity to attend open and public meetings through a two-way telephonic service or a two-way audiovisual platform, subject to the exceptions stated in that section; and
WHEREAS, Government Code section 54953.4, subdivision (b)(1)(A)(i)(I)(ib), requires an eligible legislative body, on or before July 1, 2026, to approve at a noticed public meeting in open session a policy addressing disruption of telephonic or internet service occurring during meetings where remote access is required; and WHEREAS, Government Code section 54953.4, subdivision (b)(1)(A)(i)(I)(ib)–(Ic), establishes requirements for recessing and reconvening a meeting and for making good faith efforts to restore service if a disruption prevents members of the public from attending or observing the meeting remotely; and
WHEREAS, the City Council is the City’s only “eligible legislative body” for purposes of Government Code section 54953.4; and
WHEREAS, the City Council desires to adopt a policy that implements, and does not expand upon, the requirements of Government Code section 54953.4.

NOW, THEREFORE, BE IT RESOLVED, that the City of Pacifica, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore do hereby as follows:

SECTION 1. Incorporation of recitals.

The recitals above are true and correct and incorporated into the body of this Resolution by reference.

SECTION 2. Adoption.

The City Council adopts the Disruption Policy attached hereto as Exhibit “A.” SECTION 3. Implementation.

This resolution implements Government Code section 54953.4. It does not create rights beyond those required by state law and does not expand the obligations imposed by that section.

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SECTION 4. Effective Date.

This resolution takes effect immediately upon adoption.

SECTION 5. Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this resolution is severable. If any section, paragraph, sentence, clause, or phrase of this resolution is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

SECTION 6. Certification.

The City Clerk shall attest and certify to the adoption of this resolution. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of June 2026, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Christine Boles, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 9
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EXHIBIT A

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