MEETING DATE:
MAY 26, 2026
SUBJECT:
Title
RESOLUTION NOS. 2026-9602 & 2026-9603 - BROWN ACT UPDATES (SB 707) MEETING POLICIES REGARDING PROTOCOLS INCLUDING TECHNOLOGY DISRUPTION AND OUTREACH POLICIES
Body
Recommendation
Recommendation
1. ADOPT resolution regarding Brown Act updates including meeting policies and procedures regarding technology disruptions in compliance with Government Code § 54953.4.
2. ADOPT resolution related to “reasonable efforts” for outreach to encourage participation in City Council meetings under Government Code § 54953.4.
Body
Board or Commission Action
Not Applicable
Executive Summary
The Ralph M. Brown Act (Government Code § 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.
Discussion
Senate Bill 707 (SB 707, 2025) 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 policies addressing technology disruptions and defining reasonable efforts for outreach to encourage public participation, particularly among underrepresented and non-English-speaking communities.
Government Code § 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 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.
Government Code § 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.
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. For San Marcos, that would be up to five times per calendar year, as it holds regular meetings twice 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.
Staff recommends that the City Council approve the attached revised version of the City’s existing City Council Meeting Policy and Procedures to address the requirements of SB 707. A finalized version of the proposed Meeting Policies and Procedures is also attached for ease of review.
Environmental Review
The proposed activity has been determined to not be a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Fiscal Impact
Fiscal impacts for this state mandate are being absorbed through current fiscal year departmental and PEG fund budgets for the necessary technical hardware and software purchases, estimated to be approximately $25,000. The hardware expenses are one-time costs, but ongoing software licenses, operation, and maintenance costs will be ongoing.
Attachment(s)
City Council Meeting Policies and Procedures Resolution
Attachment A: Redlined Version of City Council Meeting Policies and Procedures
Finalized Version of City Council Meeting Policies and Procedures
Meeting Outreach Resolution
Prepared by: Phillip Scollick, City Clerk
Reviewed by: Jill D.S. Maland, Assistant City Attorney
Approved by: Michelle Bender, City Manager