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Home My WebLink AboutCC Resolution No. 26-072 adopting the Council Policy, “Disruption of Telephonic or Internet Service During Public Meetings,” as required by Senate Bill (SB) 707RESOLUTION NO. 26-072 A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING A COUNCIL POLICY ON DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING PUBLIC MEETINGS WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707), which amends the Brown Act to diversify and increase public engagement in meetings of local legislative bodies; and WHEREAS, among other changes, SB 707 requires eligible legislative bodies, such as the City Council, to provide the public with a two-way phone and/or audiovisual platform; and WHEREAS, SB 707 requires each eligible legislative body to adopt a written policy, on or before July 1, 2026, that establishes the procedure for recessing and reconvening a meeting in the event of disruption of remote participation, and the efforts that the eligible legislative body and staff shall make to attempt to restore the service; and WHEREAS, the City Council currently holds its meetings in a hybrid format utilizing Zoom and will continue to do so. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve and adopt the Council Policy, “Disruption of Telephonic or Internet Service During Public Meetings,” attached hereto as Exhibit A, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2026, by the following vote: Members of the City Council AYES: Moore, Chao, Fruen, Mohan, Wang NOES: None ABSENT: None ABSTAIN: None Resolution No. 26-072 Page 2 ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Kitty Moore, Mayor City of Cupertino ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Lauren Sapudar, City Clerk _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date 7/7/2026 7/7/2026 01276.0001 2154407.2 Policy on Disruption of Telephonic or Internet Service During Public Policy # Resolution No. 26-072 Effective Date: July 1, 2026 Responsible Department: Related Policies & Notes: None 1. PURPOSE Senate Bill 707 (SB 707) (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a written policy that addresses how the agency will respond when there are disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions. 1.1 This policy sets forth clear procedures and expectations for addressing technological disruptions in telephonic or internet services that provide two-way remote public access to City Council meetings, as required by the Brown Act (Gov. Code § 54953.4). This policy affirms the City’s commitment to maintaining transparency, accessibility, and continuity of government during technology disruptions, consistent with SB 707’s mandate to recess meetings and make good faith efforts to restore service when remote access fails. 2.DEFINITIONS 2.1 Disruption: an interruption of telephonic or internet service that prevents: •the legislative body from broadcasting the meeting; or •the public from attending, providing comment, or otherwise participating remotely. 2.2 “Remote access services” is defined as the two-way telephonic service and/or two-way audiovisual online platform used to provide real-time remote public attendance, participation, and/or observation of meetings. 3.APPLICABILITY: 01276.0001 2154407.2 This policy pertains to all open and public meetings of the City Council. (Government Code § 54953.4). 4. PROCEDURES In the event of a service disruption during a public meeting that materially prevents public remote attendance or public comment: 4.1 Announcement and Recess 4.1.1 The Presiding Officer or City Clerk shall announce the disruption to the legislative body, the in-person audience, and any remote participants. 4.1.2 The Presiding Officer or Clerk shall call a recess of the open session. 4.1.3 Staff shall post a notice of the disruption on the Zoom and YouTube channels, as well as provide E-notification of such disruption. When the disrupted service is restored, staff shall replace the notices of disruption with notices that the service has been restored and the meeting has reconvened. 4.1.4 In the rare circumstance wherein a closed session had been appropriately agendized but had not yet been held at the time of the service disruption, the legislative body may convene and hold the agendized closed session during the recess. 4.1.5 Staff shall make efforts to identify and restore the disrupted service. 4.1.6 The meeting shall remain in recess for at least one hour or until service is restored, whichever occurs first. Council may extend the recess if restoration efforts are ongoing. 4.2 Efforts to restore service: 4.2.1 Staff shall make good-faith efforts to restore remote access services, which may include: • Troubleshooting teleconferencing platforms or software; • Resetting or replacing audiovisual equipment; 01276.0001 2154407.2 • Attempting alternative connection methods; • Contacting appropriate support staff or service providers; and • Using back-up equipment or platforms, if available. 4.2.2 The Clerk and/or the Innovation and Technology Department shall document the restoration efforts undertaken. 4.3 Restoration of Service 4.3.1 If remote access is restored at any time during the recess: • The legislative body shall immediately reconvene the open session. • The presiding officer shall announce that remote access and public comment functionality have been restored. • The disruption and resolution shall be documented in the meeting minutes, including start time of the disruption, its duration, and the steps taken to restore the service. 4.4 Reconvening the open session 4.4.1 Timing: • The City Council may reconvene the open session after at least one hour has passed from the time of disruption or as soon as service has been restored, whichever occurs first. 4.5 If service is not (or cannot be restored) after one hour, the City Council must reconvene and: 4.5.1 Adjourn the meeting: or • Continue the meeting in open session by adopting via roll-call vote the following or a similar, finding: “The City Council has made good-faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” 01276.0001 2154407.2 • Upon adoption of the finding, the Council may continue the open session even though remote access services have not been restored. 4.6 Documentation: 4.6.1 The City Clerk shall enter a brief statement into the meeting minutes, which includes the following: • The nature and time of the disruption (beginning and end) • Restoration efforts undertaken • The time the meeting was reconvened (if applicable) • Any finding adopted pursuant to section 4.5.1 4.6.2 This documentation shall be retained in accordance with the City’s record retention policies. 4.7 Review and updates: This policy may be amended by the City Council at a noticed public meeting during open session, not on the Consent Calendar. Revisions: City Manager’s signature: _______________________________ Date: _______________________________ Tina Kapoor (Jul 7, 2026 16:01:43 PDT) 07/07/2026 RESOLUTION NO Final Audit Report 2026-07-07 Created:2026-07-07 By:Melissa Robertson (melissar@cupertino.gov) Status:Signed Transaction ID:CBJCHBCAABAAaY-IFUc6uXbFHsSZwIHL97HNyIirPPFf "RESOLUTION NO" History Document created by Melissa Robertson (melissar@cupertino.gov) 2026-07-07 - 10:30:01 PM GMT Document emailed to Tina Kapoor (TinaK@cupertino.gov) for signature 2026-07-07 - 10:30:06 PM GMT Email viewed by Tina Kapoor (TinaK@cupertino.gov) 2026-07-07 - 10:30:44 PM GMT Document e-signed by Tina Kapoor (TinaK@cupertino.gov) Signature Date: 2026-07-07 - 11:01:43 PM GMT - Time Source: server - Signature Appearance Selected: DRAW Agreement completed. 2026-07-07 - 11:01:43 PM GMT