CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: NEW BUSINESS Account Number: 10-1511 File ID: 26-11122 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: May 4, 2026
SUBJECT:
Senate Bill 707 (Brown Act Amendments): Technology Disruption Policy and Public Outreach and Interpretation Policy — Adoption
RECOMMENDATION:
Adopt a Resolution to approve the City’s Technology Disruption Policy; adopt a Resolution approving the City’s Public Outreach and Public Interpretation Assistance Practices; and receive a presentation on Senate Bill 707 (SB 707), which made extensive amendments to the Brown Act, and its impacts on the City’s legislative bodies.
BACKGROUND:
On October 3, 2025, the Governor signed SB 707 into law. This legislation updates the Ralph M. Brown Act with the goal of improving public access, participation, and transparency in local government meetings. The revised Brown Act is included as Attachment 3.
SB 707 establishes new requirements for cities, counties, and special districts. Certain provisions apply specifically to “eligible legislative bodies,” including city councils in jurisdictions with populations over 30,000. The City of San Mateo meets this threshold and is subject to these requirements.
The law includes two primary effective dates:
January 1, 2026
July 1, 2026
The City Clerk’s Office, in coordination with the City Attorney’s Office, has reviewed SB 707 and identified necessary actions to ensure compliance. This report provides a high-level summary of key provisions and recommended implementation steps.
DISCUSSION:
Provisions Effective January 1, 2026
1. Distribution of Brown Act Materials and Available Meeting Locations The City is required to provide all legislative body members, including boards and commissions, with a copy of the Brown Act and a list of available meeting locations. This requirement has been completed.
2. Executive Compensation Reporting
For items involving executive compensation, which now includes department heads, staff must provide a verbal
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summary to the City Council prior to final action. This summary must occur outside of the Consent Calendar.
3. ADA Accommodations for Legislative Body Members
Members of the legislative body may participate remotely as a reasonable accommodation for a disability. When doing so, participation must be conducted via both audio and video, unless a medical condition necessitates audio- only participation. Any adults present in the room with the member must be disclosed at the start of the meeting.
For purposes of quorum and attendance, a member participating under this provision is considered present in person, and the location from which they are participating is not required to be open to the public.
4. Social Media Use
SB 707 eliminates the prior sunset date for Government Code Section 54952.2(b)(3), making permanent the rules governing how members of legislative bodies may use social media in relation to agency business. Under this provision, members may use their personal or official social media accounts to share information or solicit input from the public. However, members are prohibited from engaging with one another on social media regarding agency business. This includes commenting on, replying to, or reacting (e.g., “liking”) each other’s posts or related comments if the subject pertains to matters within the body’s jurisdiction.
For example, a City Council Member may post on social media to seek community feedback on an upcoming project. Other City Council Members may view the post, but no other Council Member may respond to it or interact with any comments on that post, as doing so could constitute an impermissible serial meeting under the Brown Act.
5. Just Cause Expansion
SB 707 updates the rules governing remote participation by City Council Members by building on and expanding the framework established under AB 2449. The legislation consolidates the prior “just cause” and “emergency circumstances” categories into a single standard, broadens the range of allowable reasons for remote participation, and removes the requirement for City Council approval of a member’s remote attendance (Government Code Section 54953.8.3).
Under the revised law, a Council Member may participate remotely for “just cause,” which includes, but is not limited to:
Childcare or caregiving responsibilities for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner;
A contagious illness that prevents in-person attendance; A need related to a physical or mental condition not otherwise covered under Government Code Section 54953(c);
Travel while conducting official business on behalf of the legislative body or another state or local agency; The need to care for an immunocompromised family member; A personal or family medical emergency; or
Military service obligations requiring the member to be at least 50 miles outside the jurisdiction, including active duty, training, or other official orders.
A Council Member may use the “just cause” provision for up to five meetings per calendar year. When participating remotely under this provision, the member’s location does not need to be disclosed on the agenda or made accessible to the public.
To utilize remote participation under Government Code Sections 54953.8 and 54953.8.3, the following conditions must be met:
A quorum of the legislative body must be physically present at a single meeting location; The remote Council Member must participate via both audio and video; Meeting minutes must identify the participating member and cite the applicable legal authority for the remote
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participation (without requiring disclosure of personal or medical details); and The public must be provided the ability to participate remotely via a two-way audiovisual or telephonic platform, along with a live webcast of the meeting.
If remote participation is used and the platform providing public access is disrupted, the City Council may not take further action until remote public access has been restored.
6. Teleconferencing – Eligible Subsidiary Legislative Bodies Government Code Section 54953.8.6 allows (but does not require) certain subsidiary bodies to conduct meetings via teleconferencing, provided specific eligibility criteria and requirements are met.
Definition of Eligible Subsidiary Body
An eligible subsidiary body is one that:
Serves in an advisory capacity only and does not have final decision-making authority over legislation, regulations, contracts, licenses, permits, entitlements, grants, or the allocation of funds; and Does not have primary subject matter jurisdiction over budgets, elections, police oversight, privacy, public library material access, taxes, or related spending proposals.
City Council Authorization
To permit remote meetings, the City Council must take formal action to make required findings both initially and every six months thereafter. These findings must:
Determine that remote participation will enhance public access; Consider the specific circumstances of the subsidiary body; and Address the format of remote participation, methods of public notice, and potential impacts on member diversity and retention.
Meeting Requirements
Eligible subsidiary bodies conducting remote meetings must comply with the following:
Approve the use of teleconferencing by majority vote after Council authorization; A physical meeting location within the jurisdiction must be designated for public attendance; At least one staff member must be physically present at that location; The meeting agenda must be posted at the physical location (posting at remote locations is not required); Members must appear on camera during the meeting. If video is disabled due to technical issues, the reason must be stated; and
Any elected official serving on the body must comply with Government Code Section 54953(b)(3), including publicly noticing their remote location and making it accessible to the public.
Interaction with the Legislative Body
The statute also establishes a process for consideration of subsidiary body recommendations:
A subsidiary body may formally request to present its recommendations to the legislative body; The legislative body must schedule a discussion within 60 days at a regular meeting; The item may not be placed on the consent calendar; and Final action on the recommendations may not occur until a subsequent regular meeting.
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Provisions Effective July 1, 2026
Under SB 707, several key provisions take effect beginning July 1, 2026. These provisions apply if the City Council qualifies as an “eligible legislative body.” Pursuant to Government Code Section 54953.4(e)(2), eligible legislative bodies include:
City Councils of cities with populations of 30,000 or more; County boards of supervisors of counties with populations of 30,000 or more; and City Councils located within counties with populations of 600,000 or more.
The City of San Mateo City Council meets both criteria, as the City has a population exceeding 30,000 and is located within San Mateo County, which has a population greater than 600,000 based on the 2020 Census. Accordingly, the provisions of Government Code Section 54953.4 apply to the City Council.
1. Mandatory Remote Public Attendance Option
Pursuant to Government Code Section 54953.4(b)(1)(A)(i)(I)(ia), all open and public meetings of eligible legislative bodies must provide an opportunity for the public to attend remotely through either a two-way telephonic or two- way audiovisual platform.
The City of San Mateo has continued to offer remote participation options since resuming in-person meetings following the COVID-19 pandemic and is already in compliance with this requirement. This provision will also apply to off-site City Council meetings, such as goal-setting sessions, State of the City events, and other workshops, and will require that remote participation options be made available for those meetings.
2. Policy on Disruption of Telephonic or Internet
Pursuant to Government Code Section 54953.4(b)(1)(A)(i)(I)(ib), the City Council is required to adopt a policy establishing procedures for addressing disruptions to telephonic or internet service during meetings. The policy must outline procedures for recessing and reconvening meetings, as well as the efforts the Council will undertake to restore service. This policy may not be adopted on the consent calendar.
SB 707 establishes specific requirements for the content of this policy. If a technological disruption prevents public access to a meeting, the City Council must recess the open session for at least one hour, or until service is restored, while making good faith efforts to reestablish telephonic or internet access. Closed session items may be conducted during this recess. The City Council cannot reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier.
If service has not been restored after one hour, the City Council must reconvene and either: (1) adjourn the meeting; or (2) adopt a finding, by roll call vote, that good faith efforts were made in accordance with the adopted policy and that continuing the meeting outweighs the public interest in maintaining remote access.
A proposed Technology Disruption Policy and corresponding resolution are included as Attachment 1 for the City Council’s consideration. If adopted, the policy will take effect on July 1, 2026.
3. Equal Opportunity for Remote Public Comment
Pursuant to Government Code Section 54953.4(b)(1)(B), all eligible legislative bodies must provide an opportunity for remote public comment. Individuals participating remotely must be afforded the same amount of speaking time as those providing comment in person.
This requirement represents no change to the City’s current practices, as both in-person and virtual speakers are currently allotted the same amount of speaking time.
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4. Translation of Meeting Agendas into “Applicable Languages” Government Code Section 54953.4(c)–(e) requires eligible legislative bodies to translate and post meeting agendas in all “applicable languages.” Each translated agenda must include instructions in that language for accessing the meeting remotely. Translated agendas must be posted within the standard timelines established under the Brown Act.
Under SB 707, “applicable languages” are defined as those identified through the most recent American Community Survey as being spoken by at least 20% of the applicable population, provided that at least 20% of individuals speaking that language report speaking English less than “very well” (Government Code Section 54953.4(e)(1)(A)).
Staff has reviewed the City of San Mateo’s most recent American Community Survey data for languages spoken by residents age five and older (Attachment 4). Based on this analysis, Spanish meets both threshold requirements to trigger mandatory agenda translation under the statute. Accordingly, the City Clerk’s Office will begin translating and posting meeting agendas in Spanish effective July 1, 2026.
Language Estimated Number of
Speakers
Percentage
Of Applicable Population
English 51,770 53.4%
Spanish 19,909 20.5%
Chinese 9,121 9.4%
Tagalog 2,786 2.9%
Russian 1,454 1.5%
French 965 1.0%
Korean 718 0.7%
Source: American Community Survey 2024 5-Year Estimates
5. Public Meetings Information Webpage
Pursuant to Government Code Section 54953.4(b)(3)(B), eligible legislative bodies are required to establish and maintain an accessible, centralized webpage dedicated to public meetings. This webpage must include, or clearly link to, the following information:
A general overview of the public meeting process
Instructions for providing public comment, both in person and remotely A calendar of all public meetings, including date, time, and location Direct access to posted meeting agendas
A translation of the foregoing into applicable languages (explained below), accessible through a prominent direct link on the City’s home page.
In addition, Government Code Section 54953.4(b)(3)(A) requires legislative bodies to implement a system for electronically accepting and fulfilling requests for meeting agendas and related documents, either via email or through an integrated agenda management platform. This information must also be accessible through a prominent, direct link on the City’s homepage, as required by Government Code Section 54953.4(b)(3)(B)(ii).
The City currently complies with this requirement through its agenda management system. Additionally, the City maintains a notification alert system that allows members of the public to receive alerts when agendas are published. The City also publishes the list of all scheduled meetings for the year on the public meeting portal and a PDF list of regularly scheduled meetings.
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6. Outreach to Underrepresented Groups and Non-English-Speaking Communities Pursuant to Government Code Section 54953.4(b)(3)(C), the City is required to make reasonable efforts—at a level determined by the City Council—to encourage participation in public meetings by individuals and groups that have not traditionally been engaged. This may include outreach to media outlets serving non-English-speaking communities, local community-based organizations, and neighborhood groups.
To support this requirement, the City Clerk’s Office is developing and will maintain a comprehensive outreach distribution list that includes media contacts, community organizations, and other local stakeholders serving the San Mateo community. These groups will receive City Council meeting agendas via email, enabling them to share information directly with their respective communities.
The City Clerk’s Office will coordinate with department heads, City Council Members, and staff to ensure the distribution list remains current and continues to expand its reach. In addition, the City’s website will include information on how organizations can subscribe to this list to receive meeting materials.
A resolution outlining the City’s proposed approach to meeting this requirement is included as Attachment 2 for City Council consideration and adoption.
7. Public Location for Agenda Translations by the Community Pursuant to Government Code Section 54953.4(c)(3)–(4), legislative bodies are required to provide a physical location, adjacent to where meeting agendas are posted, that is freely accessible to the public. This location must allow members of the public to post translations of the agenda in languages other than English. The City is not responsible for the content, accuracy, or posting of these translations.
To comply with this requirement, the City Clerk’s Office is coordinating with Public Works to install a designated bulletin board next to the existing agenda posting board outside of City Hall. This bulletin board will be reserved for translated versions of City Council agendas and will include clear signage indicating its intended use. The signage will also note that the City does not review or assume responsibility for any materials posted.
The City Clerk’s Office will maintain this bulletin board to ensure ongoing compliance with Government Code Section 54953.4(c)(3)–(4).
8. Public Interpretation Assistance
Pursuant to Government Code Section 54953.4(b)(2)(A)–(C), legislative bodies are required to provide reasonable assistance to members of the public who wish to use interpretation services during a meeting, provided such assistance does not disrupt the proceedings. This may include allowing additional time for interpretation, accommodating the use of personal or third-party interpretation services, or providing space for interpreters.
The City has an established process to support these requests. All City Council agendas include language inviting members of the public to request ADA or language assistance in advance of a meeting. When a request is received, the City Clerk’s Office works directly with the individual to identify and provide appropriate accommodations.
These may include additional time for public comment to allow for interpretation, assistive equipment such as a wireless microphone, or other necessary support.
In addition, the City’s virtual meeting platform offers automated language translation features to further expand access. The resolution included with this item formalizes the City’s commitment to continuing these practices and clearly communicating how members of the public may request assistance.
BUDGET IMPACT:
Implementation of SB 707 may result in minor administrative and operational costs related to technology, translation services, and outreach efforts. These costs are expected to be absorbed within existing departmental budgets at this time.
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ENVIRONMENTAL DETERMINATION:
This policy approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution - Technology Disruption Policy for City Council Meetings Att 2 – Proposed Resolution - Public Outreach and Interpretation Assistance Practices Att 3 – The Brown Act
Att 4 – SB 707 Applicable Languages Determination Guide and Worksheet
STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042