DISCUSSION
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Telicia Lopez, City Clerk
Department: City Clerk
Subject: Adopt Resolutions Implementing Brown Act Updates Related to Senate Bill 707
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolutions in accordance with Senate Bill 707 Brown Act Updates:
1. Adopt Resolution No. 2026-093 Approving a Technology Disruption Policy; and
2. Adopt Resolution No. 2026-094 Determining “reasonable efforts” for outreach to encourage participation in City Council meetings.
City Manager's Comments
N/A
Executive Summary
Senate Bill 707 updates teleconferencing and accessibility requirements under the Brown Act, including new provisions related to remote participation and public access to meetings.
By July 1, 2026, legislative bodies must adopt a policy to address a disruption of the meeting that would prevent public participation or access and provide a two-way telephonic or audiovisual platform for public participation.
Background
By July 1, 2026, all eligible legislative bodies must implement a two-way telephonic or audiovisual platform for public participation in meetings and adopt a policy addressing technology disruptions during Mayor and City Council meetings.
The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service.
The statute further requires an eligible legislative body to provide that if a disruption occurs that prevents members of the public from observing or participating in a Mayor and City Council meeting through the two-way telephonic or audiovisual platform, the Mayor and City Council must recess the open session for at least one hour and make a good faith effort to restore service. During this time, the City Council may meet in closed session, as permitted by law.
The Mayor and City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the Mayor and City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.
The proposed policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a Mayor and City Council meeting, while maintaining flexibility to respond based on specific circumstances.
Discussion
On October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707), which amends the Brown Act. The Ralph M. Brown Act (Government Code Section 54950 et seq.) establishes requirements for open meetings of local legislative bodies. SB 707 updates provisions related to teleconferencing, including requirements for remote participation, accessibility, and procedures for addressing disruptions to meeting access for City Council meetings. Among other requirements, SB 707 requires the City Council to adopt a technology disruption policy and to determine what constitutes reasonable efforts for outreach to encourage public participation in City Council meetings, particularly among underrepresented and non-English-speaking communities. These policies must be adopted by July 1, 2026.
Remote Public Participation
Among other new requirements under SB 707, all qualified legislative bodies, including City Councils, must offer remote participation through a two-way phone or video platform for public meetings. This includes offering teleconferencing and two-way communication options that allow members of the public to both observe meetings and provide real-time public comment. Pursuant to SB 707, effective July 1, 2026, the City will make available two-way remote participation via Zoom, during Mayor and City Council meetings.
Teleconferencing
The Brown Act now expressly allows teleconferencing by a member as an accommodation under the Americans with Disabilities Act (ADA), as well as a limited number of instances of remote participation due to “just cause,” which may be used up to five to seven times per calendar year, depending on the number of regular meetings held per month. ADA-related teleconferencing must be provided when applicable legal requirements are met, whereas participation based on “just cause” is subject to the statutory annual limit. “Just cause” includes circumstances such as childcare or caregiving needs; a contagious illness; a physical or mental condition; travel on official business; the need to care for an immunocompromised family member; a personal or family medical emergency; or military service obligations that prevent in-person attendance.
Technology Disruption Policy
Government Code Section 54953.4 requires the City Council to adopt, by July 1, 2026, a technology disruption policy. The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service. The statute further requires that if a disruption occurs that prevents members of the public from observing or participating in a City Council meeting through the two-way telephonic or audiovisual platform, the City Council must recess the open session for at least one hour and staff must make a good faith effort to restore service.
During this time, the City Council may meet in closed session, as permitted by law. The City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.
The proposed policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a City Council meeting, while maintaining flexibility to respond based on the specific circumstances.
Consistent with SB 707, the policy also provides for the removal of an individual from a meeting or limitation of their remote participation pursuant to Government Code Section 54957.95 if they engage in disruptive conduct following a specific warning by the Mayor or City Clerk.
Reasonable Efforts for Outreach
Government Code Section 54953.4 requires the City Council to determine and adopt what constitutes “reasonable efforts” to encourage participation in City Council meetings, particularly among underrepresented communities and non- English-speaking communities. The proposed resolution establishes the City’s approach to outreach, which may include inviting participation in City Council meetings from media organizations serving the City, including those serving non- English-speaking communities, as well as civic, neighborhood, community- based, civil rights, and good government organizations. The statute provides the City Council with broad discretion in defining these reasonable efforts and clarifies that failure to provide notice to any specific group does not create a basis for legal action. The proposed policy is intended to provide flexibility while supporting expanded public awareness and participation.
2021-2025 Strategic Targets and Goals
Adoption of Resolutions that align with No. 1: Establish clear policy direction and predictable organization structures. Adopting this policy will support the return to Zoom Public comments with clear protocols for disruptions.
Fiscal Impact
There is no fiscal impact in adopting this resolution.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Receive a presentation on Brown Act updates related to the teleconferencing and accessibility provisions under Senate Bill 707 (SB 707);
2. Adopt Resolution No. 2026-093 Approving a Technology Disruption Policy; and
3. Adopt Resolution No. 2026-094 Determining “reasonable efforts” for outreach to encourage participation in City Council meetings.
Attachments
Attachment No.1 – Resolution 2026-093
Attachment No.2 – Disruption Policy
Attachment No.3 – Resolution 2026-094
Attachment No. 4 – SB 707 Powerpoint
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A