HomeMy WebLinkAbout2026-05-19; City Council; Resolution 2026-095Exhibit 3 RESOLUTION NO. 2026-095 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING CITY COUNCIL POLICY STATEMENT – TECHNOLOGY
DISRUPTIONS
WHEREAS, Senate Bill 707 (2025) amended the Ralph M. Brown Act, or the Brown Act (Cal. Gov.
Code, §§ 54950-54963), to update teleconferencing and accessibility requirements, including
provisions related to remote participation in public meetings; and
WHEREAS, California Government Code Section 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 service 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, California Government Code Section 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2. That the proposed action to adopt a City Council Policy addressing new Brown Act
requirements for technology disruptions during City Council meetings is exempt from
environmental review under California Environmental Quality Act Guidelines Sections
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15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility
the proposed action may have a significant effect on the environment.
3.That the City Council adopts City Council Policy – Technology Disruptions (Attachment
A).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 19th day of May, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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Policy No. 102
Date Issued May 19, 2026
Resolution No. 2026-095
Subject: Technology Disruptions
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 of Carlsbad City
Council, as required by Section 54953.4 of the Ralph M. Brown Act, or the Brown Act (Cal. Gov.
Code, §§ 54950-54963). The policy ensures transparency, public participation, and continuity of
government during technology disruptions.
Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies 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 meeting remotely. This policy is adopted to comply with that requirement and to ensure
continuity of public participation during technical disruptions.
Statement of policy
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.
Terms defined in the Brown Act or Carlsbad Municipal Code Chapter 1.20 have the same
meaning when used in this policy. For purposes of this policy:
•“Disruption” means any failure, outage, or other interruption that prevents members of
the public from attending or observing the meeting via 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.
Procedure
Procedures in the Event of a Service Disruption
Response to Service Disruption
If the Presiding Officer or City Clerk becomes aware of a disruption to the city’s remote access
services that prevents members of the public from attending or observing the meeting
remotely:
1.The Presiding Officer or City Clerk shall immediately announce the disruption to the
public.
Attachment A
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City Council Policy Statement
May 19, 2026
Page 2
2.The Presiding Officer shall then call for a recess of the open session while efforts are
made to restore service. If a closed session is scheduled or is otherwise allowable
under the Brown Act, the City Council may meet in closed session during this time.
3.Staff shall begin efforts to diagnose and restore the disrupted service.
4.The open session shall remain in recess for at least one hour or until service is
restored, whichever occurs earlier. The recess period may be extended if restoration
efforts are ongoing.
Efforts to Restore Service
The city 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
City staff shall document the restoration efforts undertaken.
Reconvening the Open Session
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.
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.
If Service is Not Restored
If service has not been restored after one hour, the City Council may reconvene and:
1.Adjourn the meeting; or
2.Continue the meeting in open session by first having the City Manager or a designee
briefly describe the efforts made to restore service and the remaining items on the
meeting agenda and then adopting, by roll call vote, the following, or a substantially
similar, finding:
“The City of Carlsbad has made good faith efforts to restore telephonic or internet
service in accordance with its adopted policy, and the public interest in continuingthe 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 service has not been restored.
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City Council Policy Statement
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Page 3
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 or adjourned, as applicable
•Any finding adopted pursuant to the “If Service is Not Restored” section
Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session, not
on the consent calendar.
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