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HomeMy WebLinkAboutReso 2026-060 RESOLUTION NO. 2026-060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW CITY COUNCIL POLICY ADDRESSING A DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING CITY COUNCIL MEETINGS WHEREAS, the Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and WHEREAS, Senate Bill 707 (SB 707, 2025) amended the Brown Act to update teleconferencing and accessibility requirements, including provisions related to remote participation in public meetings; and WHEREAS, Government Code § 54953.4(b)(1)(A) requires eligible legislative bodies, on or before July 1, 2026, to adopt at a noticed public meeting in open session, and not on the consent calendar, a policy addressing disruption of telephonic or internet ser vice during meetings conducted with remote participation; and WHEREAS, the required policy must address procedures for recessing and reconvening a meeting in the event of a disruption and the efforts the legislative body will make to attempt to restore service; and WHEREAS, Government Code § 54953.4 further requires that, in the event of a disruption preventing members of the public from observing or participating in the meeting through a two - way telephonic or audiovisual platform, the legislative body shall recess the open session for at least one hour and make a good faith effort to restore service, and may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first; and WHEREAS, if telephonic or internet service has not been restored upon reconvening, the legislative body must make findings by roll call vote that good faith efforts to restore service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access; and WHEREAS, adoption of a technology disruption policy is required to ensure compliance with state law and to promote transparency and continuity of public meetings; and WHEREAS, the proposed City Council policy addressing disruption of telephonic or internet service during City Council meetings has been prepared in accordance with Government Code § 54953.4 and is attached hereto as Exhibit 1; and WHEREAS, the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Docusign Envelope ID: CB757162-55DE-8DBA-833C-B8E1EDA35F54 Resolution No. 2026-060 Page No. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts the City Council policy entitled “Disruption of Telephonic or Internet Service During City Council Meetings,” in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of April 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-060 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of April 2026. Executed this 14th day of April 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: CB757162-55DE-8DBA-833C-B8E1EDA35F54 CITY COUNCIL POLICIES POLICY NUMBER: 111-06 POLICY NAME: Disruption of Telephonic or Internet Service During City Council Meetings Effective Date: April 14, 2026 Last Revised Date: Status: Active Page: 1 of 3 I.BACKGROUND 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. II.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. III.DEFINITIONS For purposes of this policy, the following definitions apply: “Disruption” means a disruption of telephonic or internet service 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-time remote public attendance and observation of meetings. IV.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. V. PROCEDURES IN THE EVENT OF A SERVICE DISRUPTION 1.Response to Service Disruption If the Presiding Officer or City Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely: a.The Presiding Officer or City Clerk shall immediately announce the disruption to the public. b. The Presiding Officer may then call for a recess of the open session or convene the City Council in closed session, consistent with the Brown Act. c.Staff or designated contractors shall begin efforts to diagnose and restore the disrupted service. Docusign Envelope ID: CB757162-55DE-8DBA-833C-B8E1EDA35F54 CITY COUNCIL POLICIES POLICY NUMBER: 111-06 POLICY NAME: Disruption of Telephonic or Internet Service During City Council Meetings Effective Date: April 14, 2026 Last Revised Date: Status: Active Page: 2 of 3 d.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. 2.Efforts to Restore Service Staff or designated contractors 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. VI. RECONVENING THE OPEN SESSION 1.Timing The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier. 2.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. 3.If Service is NOT Restored If service has not been restored after one hour, the City Council may reconvene and: a.Adjourn the meeting; or b. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding: Docusign Envelope ID: CB757162-55DE-8DBA-833C-B8E1EDA35F54 CITY COUNCIL POLICIES POLICY NUMBER: 111-06 POLICY NAME: Disruption of Telephonic or Internet Service During City Council Meetings Effective Date: April 14, 2026 Last Revised Date: Status: Active Page: 3 of 3 “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. VII.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 VI VIII.RECORDKEEPING This policy may be amended by the City Council at a noticed public meeting in open session, not on the consent calendar. HISTORY 04/14/2026 ACTION Adoption RESOLUTION NO. 2026-060 Docusign Envelope ID: CB757162-55DE-8DBA-833C-B8E1EDA35F54