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DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 5, 2026
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Resolution to Establish the Policy and Procedures for Recessing and Reconvening Hybrid Brown Act Meetings as a Result of a Disruption in Remote Participation Under Senate Bill (SB) 707 (enacted in 2025), all qualified legislative bodies of local government agencies in California must now offer hybrid meetings through a two-way phone or video platform commencing on July 1, 2026. This requirement applies to the Poway City Council. Or:
Under Senate Bill (SB) 707 (enacted in 2025), certain provisions became effective on January 1, 2026, with additional requirements applicable to eligible legislative bodies beginning July 1, 2026. As a qualifying legislative body under the law, the City of Poway's City Council must comply with these phased requirements, including the mandate to provide hybrid meetings via a two-way phone or video platform commencingJuly 1, 2026.
Additionally, the City Council is required to adopt a policy for procedures to recess and reconvene the hybrid meeting if there is a technological disruption affecting remote participation.
Staff recommends adoption of a resolution (Attachment A) establishing a Technology Disruption Policy for recessing and reconvening meetings held pursuant to SB 707 from July 1, 2026, until SB 707 expires or is repealed. If approved, this policy will have the effect of ensuring the City of Poway is in compliance with SB 707 in advance of the law's commencement date on July 1, 2026.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) establishing a Technology Disruption Policy in compliance with Senate Bill 707 at the May 5, 2026 Regular City Council meeting.
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Discussion:
Hybrid Meetings/ Two-Way Remote Participation by the Public On October 3, 2025, California Governor Newsom signed into law SB 707, which amended the Brown Act to diversify and increase public engagement in meetings of local legislative bodies.
As a requirement under SB 707, the qualified legislative body of local government agencies in California must now offer hybrid meetings through a two-way phone or video platform commencing on July 1, 2026 and ending on January 1, 2030 (unless extended or made permanent), and adopt a policy for recessing and reconvening meetings when there is a technological disruption affecting remote participation. A qualified legislative body is defined in a way to include the City Council of the City of Poway.
In compliance with legislative amendments enacted by SB 707, beginning on July 1, 2026, the City Council shall conduct its proceedings as hybrid meetings through a two-way phone or video platform.
Accordingly, the City must also provide members of the public with the ability to attend and offer public comment through the same hybrid platform. Remote participants will be given the same amount of speaking time as those attending in person. The City will continue to utilize Zoom.
In the event of a disruption in two-way remote participation, including, but not limited to Zoom, during a City Council meeting, the disruption of which prevents members of the public from remotely attending or observing the meeting, the City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. Alternatively, the meeting may be adjourned.
Should remote participation fail to be restored after good faith efforts are made, the City Council shall adopt, by roll-call vote, a formal finding affirming reasonable efforts were made to resolve the disruption, but having been unsuccessful, and the public interest in resuming the meeting without remote participation outweighs further delay in conducting the business meeting. Language will be added to the City Council agenda template outlining these procedures.
Upon adoption of a resolution establishing SB 707 policies, City staff will perform outreach efforts to the community to advise of methods for participation in the hybrid meeting format in advance of implementation of hybrid meetings on July 1, 2026.
It should be noted that staff will monitor legislation for updates and bring an item to the City Council for direction as the sunset date of January 1, 2030, nears, or other changes are made.
Remote Participation by a Member of the City Council
SB 707 more clearly outlines teleconference requirements related to two-way audio/visual participation by members of the legislative body. Zoom or a similar platform meets this criteria, and the process whereby the City Council must vote in open session on a member's need to participate remotely under emergency circumstances, such as illness, still applies. Traditional remote participation, where the alternative location is noticed on the agenda, is also still available. 3 of 8
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Participant Behavior
SB 707 expands the authority of the presiding member of the legislative body or their designee, to remove an individual, or limit the participation of any person who engages in behavior that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting to include members of the public participating remotely. Depending on the exact circumstances, this would potentially include the explicit, obscene or parody remote participation that has occurred in the past in the City, when Zoom participation was previously available.
Environmental Review:
None.
Fiscal Impact:
While the immediate fiscal impact of this report is minimal, there may be future costs associated with follow-up actions, such as software needs. Should any such costs exceed the City Manager's approval authority, they would be brought back for City Council approval.
Public Notification:
None.
Attachments:
A. Resolution
Tracy vens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
ala Chris Hazeltine
City Manager
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ATTACHMENT A
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING THE POLICY FOR
RECESSING AND RECONVENING MEETINGS HELD PURSUANT
TO THE BROWN ACT AND SENATE BILL 707 IN THE EVENT OF
A DISRUPTION IN REMOTE PARTICIPATION
WHEREAS, on October 3, 2025, California Governor Newsom signed into law Senate Bill 707, codified primarily at Section 54953.4 of the California Government Code (SB 707), which amended the Brown Act to diversify and increase public engagement in meetings of local legislative bodies;
WHEREAS, as a requirement under SB 707, all qualified legislative bodies of local government agencies in California must now offer hybrid meetings through a two-way phone or video platform commencing on July 1, 2026, unless the technology is not available at the meeting location or the meeting qualifies for an exemption, such as an offsite tour; WHEREAS, as written, the State requirement to offer hybrid meetings will sunset on January 1, 2030 unless further legislative action is taken at the State level; WHEREAS, a qualified legislative body on the local level is defined as an elected legislative body empowered to enact local resolutions and regulations that govern the community; and
WHEREAS, SB 707 requires the City Council to formally adopt a policy, attached hereto as "Exhibit A", on or before July 1, 2026, establishing the procedure for recessing and reconvening a meeting in the event of a disruption of remote participation, and the efforts the City shall make to attempt to restore service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The above recitations are true and correct.
SECTION 2: In compliance with recent legislative amendments enacted by Senate Bill 707 (primarily codified in Section 54953.4 of the California Government Code), beginning on July 1, 2026 and ending when the legislative enactments expire or are repealed, the City Council shall conduct its proceedings as hybrid meetings through a two-way phone or video platform, unless the technology is not available at the meeting location for a particular meeting, or the meeting qualifies for a bona fide exemption.
SECTION 3: In the event of a disruption in two-way remote participation, including, but not limited to Zoom, during a City Council meeting, the disruption of which prevents members of the public from remotely attending or observing the meeting, the City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first.
Alternatively, the meeting may be adjourned.
SECTION 4: Should remote participation fail to be restored after good faith efforts are made, the City Council shall adopt, by roll-call vote, a formal finding affirming reasonable efforts were made to resolve the disruption, but having been unsuccessful, the public interest in resuming the meeting 5 of 8
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without remote participation outweighs further delay in conducting the meeting.
Resolution No. 26-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of May, 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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Exhibit A
Resolution No. 26-
Background:
City of Poway
POLICIES & PROCEDURES
Policy No.
Date Issued
Date Revised
Date Superseded
Department City Clerk's Office
TECHNOLOGY DISRUPTION POLICY
CITY COUNCIL MEETINGS
Senate Bill 707 (2025) amended the Brown Act to require the City Council to adopt, on or before July 1, 2026, a policy addressing how the agency 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.
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 (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.
Policy:
Definitions:
For purposes of this policy:
• "Disruption" means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services. • "Remote access services" means the two-way telephonic service and/or two-way audiovisual platform used to provide real-Orne remote public attendance and observation of meetings.
Applicability:
This policy applies to all open and public meetings of the City Council at which remote public participation is offered or required under the Brown Act.
Procedures:
A. Response to Service Disruption
If the Presiding Officer or Clerk becomes aware of a disruption to the agency's remote access services that prevents members of the public from attending or observing the 7 of 8
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Resolution No. 26-
meeting remotely:
1. The Presiding Officer or Clerk shall immediately announce the disruption to the public.
2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.
3. Staff shall begin efforts to diagnose and restore the disrupted service.
4. 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.
B. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
• 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 Services Department, shall document the restoration efforts undertaken.
C. Reconvening the Open Session
Timing:
The open session may be reconvened a er at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.
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.
If Service is Not Restored:
If service has not been restored after one hour, the City Council may reconvene and:
1. Adjourn the meeting
2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
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Resolution No. 26-
"City Staff have 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 the finding, the City Council may continue the open session despite the fact that remote access services have not been restored.
D. Recordkeeping
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 C
E. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session, not on the consent calendar.
Reviewed/Approved By:
Tracy Stevens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager