Agenda — Farmersville City Council, May 9, 2022

CITy or
Farmersville City Council
Regular Meeting
Paul Boyer, Mayor
Tina Hernandez Mayor Pro Tem
Gregorio Gomez, Council Member Monday, May 9, 2022 6:00 PM Ruben Macareno, Council Member Meeting held in Civic Center Council Chambers Danny Valdovinos, Council Member - 909 W. Visalia Road Farmersville, California Pursuant to AB 361, the City of Farmersville will be allowing the public, staff, and City Council to attend this meeting via Zoom.

Please dial 1-669-900-6833
Meeting ID: 86119097413
Password: 336292
Call to Order:

2. Roll Call:

3. Invocation:

4. Pledge of Allegiance:

5. Public Comment:

Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

Presentations:

7. Consent Agenda:

Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.

A. Minutes of Regular City Council Meeting of April 25, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of April 25, 2022
B. Resolution to Authorize Execution of Agreements with Caltrans for the Clean California Local Grant Program
Recommend that the City Council adopt Resolution 2022-007 authorizing the City Manager to execute agreements with Caltrans for the Clean California Local Grant Program.

Documents: Resolution 2022-007
General Business
A. Agreement for Grant of Funds with Farmersville Unified School District in the amount of $19,000 for the 2022 Community Swim Program
Recommend that the City Council approve an Agreement for Grant of Funds with Farmersville Unified School District in the amount of $19,000.

Documents: Agreement with Farmersville Unified School District B. Review City regulations regarding Temporary Outdoor Use permits Recommend that the City Council review Municipal Code Section

17.56.40 and provide direction regarding vendors and Temporary Outdoor Use permits.

Documents: Municipal Code Section 17.56.040
Letter of Support for AB 1944 (Lee) Amending Brown Act
Requirements
Recommend that the City Council approve and submit a Letter of Support for AB 1944 (Lee).

Documents: AB 1944 Fact Sheet
Letter of Support
D. AB 361 and Teleconferenced Meetings
Recommend that the City Council provide finding's and direction regarding AB 361 related to teleconference meetings.

Documents: AB 361
Council Reports
A. City Council Updates and Committee Reports

10. Staff Communications:

11. Future Agenda Items

1. Installation of EV Charging Stations

12. Adjourn to Closed Session:

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APN 128-153-030
Agency Negotiators: Jennifer Gomez and Michael Schulte
Negotiating Parties: The Potter's House Apostolic Church Under Negotiation: Terms and Price

13. Reconvene to Open Session:

14. Closed Session Report (if any):

15. Adjournment:

NOTICE TO PUBLIC
The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting so that staff may make arrangements to accommodate you.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City's offices during normal business hours.

Drafted by: J. Gomez
Strong Roots..... Growing Possibilities
CITy oF
Farmersville City Council
Paul Boyer, Mayor Regular Meeting
Tina Hernandez, Mayor Pro Tem
Gregorio Gomez, Council Member Monday, April 25, 2022 6:00 PM Ruben Macareno, Council Member Meeting held in Civic Center Council Chambers Danny Valdovinos, Council Member
- 909 W. Visalia Road Farmersville, California
Pursuant to AB 361, the City of Farmersville will be allowing the public, staff, and City Council to attend this meeting via Zoom.

Please dial 1-669-900-6833
Meeting ID: 87935215891
Password: 366653
Call to Order: 6:01 pm

2. Roll Call:

Attendee Name Title Status Arrived
Paul Boyer Mayor Present 6:00 pm
Tina Hernandez Mayor Pro Tem Absent
Greg Gomez Council Member Present 6:00 pm
Danny Valdovinos Council Member Present 6:00 pm
Ruben Macareno Council Member Absent
Invocation: Council Member Gomez

4. Pledge of Allegiance: Council Member Valdovinos

5. Public Comment:

Ciara Banks, a resident from Farmersville, voiced concerns regarding Veteran's Memorial Park bleachers. Ms. Banks expressed that her father received a cut on the right leg due to the condition of the bleachers. Additionally, Ms. Banks' son fell at Liberty Park and scraped his hands and knees from the sting weed and goat heads.

6. • Presentations:

A. Self Help Enterprises: Solar on Multifamily Affordable Housing Maria Revels and Abigail Solis with Self Help Enterprises gave a presentation on SOMAH (Solar on Multifamily Affordable Housing). The SOMAH program would like the City Councils' approval to utilize our City logo and put information regarding this program on our City website and Facebook page.

Council Member Gomez inquired about other solar companies already having a program in place.

City Attorney Michael Schulte advised Council that the City Staff could make the decision to let Self Help use the City logo and online platforms.

B. Exeter Cemetery District - Measure U
Vicki Riddle and Erica Pine with Exeter Cemetery District handed out Measure U material packets and gave a presentation on the Exeter Public Cemetery District and Special parcel tax Measure U.

The District is asking the City of Farmersville to support the approval of a special parcel tax of $35.00 per parcel per year on each of the 8,000 parcels within the District. They also informed us that the Board of Trustees would appoint a Community Advisory Oversight Committee to review the District's expenditure funds and annual reports. The - Committee will consist of two representatives from Exeter, two representatives from Farmersville, and one from outside the District.

Council Members directed staff to add supporting Measure U on the May 9, 2022, Council Meeting.

7. Consent Agenda:

Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any ciscus andor change he recommended ourse facten, and the Council an aprove the remainer or the CONSENT AGENDA.

A. Minutes of Regular City Council Meeting of April 11, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of April 11, 2022
B. Finance Update for March 2022: Warrant Register and Investment Summary
Recommend that the City Council:

1. Approve the Warrant Register as presented for the period. This reporting period represents warrants issued for the current Fiscal Year (2021/2022);

2. Accept the Investment Summary as presented for the period. This reporting period represents investment summary for the previous month.

Documents: March 2022 Warrant Register
Investment Summary March 2022
Authorize the approval of QK's proposal to update City Standards in the amount of $65,000.

Recommend that the City Council authorize the approval of QK's proposal to update City Standards in the amount of $65,000.

Documents: QK Proposal
D. Authorize the City Manager to sign a Services Agreement with Tulare County for Dispatch and Communications Services in the amount of $110,865
Recommend that the City Council authorize the City Manager to sign the Emergency Dispatch and Communication Services Agreement between the County of Tulare and the City of Farmersville in the amount of $110,865
Documents: Agreement
Motion to approve items A-D.

Council Member Gomez requested a cost comparison with other City Dispatch services. Mr. Gomez stated that the results could be emailed to him.

RESULT: APPROVED (UNANIMOUS)
I MOVER: Councilmember Gomez
SECONDER: Councilmember Valdovinos
AYES: Boyer, Gomez, Valdovinos
ABSENT: Hernandez, Macareno

8. General Business
A. Study Session: Five-Year Capital Improvement Plan and Proposed Cannabis Business Tax Expenses for Operations & Capital Projects Recommend that the City Council review and provide direction to City staff regarding the City of Farmersville Five-Year Capital Improvement Plan covering Fiscal Year 2023 to Fiscal Year 2027 and provide direction on Proposed Cannabis Business Tax Expenses for Operations & Capital Projects.

Documents: Five-Year Capital Improvement Plan
Measure Q Capital Projects & Operation Costs
City Manager Jennifer Gomez gave an updated presentation on the City of Farmersville Five-Year Capital Improvement Plan, covering fiscal years 2023 - 2027. Ms. Gomez showed an updated spreadsheet from the March 28, 2022, Council meeting. Ms.

Gomez stated that the Boys and Girls Club has requested $100,000 for this fiscal year and that the Battalion Chief Vehicle was removed due to a new position being added to fiscal year 2022-23.

Gaylen Quenzer with the Boys and Girls Club gave a brief presentation regarding the allocation of the $100,000 they requested.

Mayor Boyer suggested moving the Residential Streetlight Study from fiscal year 2025- 26 to fiscal year 2022-23.

Council recommends that the new Corporation Yard be split into the year 2024-25 and 2025-26 to help with high costs.

Council Member Valdovinos inquired about replacing faded Stop signs throughout the City. Public Works Director informed Council Member Valdovinos that replacing Stop signs is ongoing maintenance with Public Works.

9. Council Reports
A. City Council Updates and Committee Reports
Council Member Valdovinos inquired about the installation of Armstrong Park's new sign.

Council Member Gomez thanked Code Enforcement for being present in the City of Farmersville.

Mayor Boyer has concerns regarding graffiti in town. He would also like Public Works to clean up downtown Farmersville before the Memorial Day Parade. Mayor Boyer informed the Council that the new Veterans plaque would be dedicated after the Memorial Day Parade. Mayor Boyer also would like an update on the progress of North Farmersville Blvd.

Public Works Director Jeff Dowlen gave an update to Council regarding Farmersville Bivd. Paving on North Farmersville Blvd. has been completed. The next step will be the i completion of the landscaping. The last step will be the striping.

10. Staff Communications:

City Clerk Rochelle Giovani informed Council that a Survey Monkey has been created for Farmersville residents to vote on the new City logo. Ms. Giovani also let Council know that the survey is now on our City's webpage and Facebook.

11. Future Agenda Items

1. Review State and City regulations regarding street vendors

2. Installation of EV Charging Stations

12. Adjourn to Closed Session:

Mayor Boyer adjourned to closed session at 7:52 pm.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Name of Case: City of Farmersville v. Toni Ortiz, et al., Case No.

VCU291113

13. Reconvene to Open Session:

Mayor Boyer reconvened at 8:06 pm. with nothing to report.

14. Closed Sèssion Report (if any):

15. Adjournment:

Mayor Boyer adjourned meeting at 8:06 pm.

Respectfully submitted,
Rochelle Giovani
City Clerk
Strong Roots..... Growing Possibilities:

FARMERSVILAR
City Council
Staff Report 7B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: May 9, 2022
SUBJECT: Resolution to Authorize Execution of Agreements with Caltrans for the Clean California Local Grant Program
RECOMMENDED ACTION:

It is recommended that the City Council adopt Resolution 2022-007 authorizing the City Manager to execute agreements with Caltrans for the Clean California Local Grant Program.

BACKGROUND and DISCUSSION:

The City of Farmersville was recently awarded $4,333,906 by the Department of Transportation (Caltrans) as part of the Clean California Local Grant Program. The City's project includes three components: 1) Beautification to Hwy 198 Interchange; 2) Landscape Improvements to Downtown; and 3) Litter Abatement Education Campaign.

Prior to Caltrans executing the Standard Agreement, they must receive a Resolution authorizing the City Manager to sign the Agreement on behalf of the City. The attached Resolution will satisfy this requirement and once submitted to Caltrans, the City Manager will be able to sign the Agreement and move forward with the design phase of the project.

FISCAL IMPACT:

This project is funded by Caltrans in the amount of $4,333,906.

ATTACHMENT(S):

Resolution 2022-007
-
RESOLUTION NO. 2022-007

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FARMERSVILLE AUTHORIZING THE CITY MANAGER TO

EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT

OF TRANSPORTATION FOR THE CLEAN CALIFORNIA LOCAL

GRANT PROGRAM
WHEREAS, the City of Farmersville is eligible to receive State funding for the Clean California Local Grant program through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City of Farmersville wishes to delegate authorization to execute these agreements and any amendments thereto;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Farmersville authorizes the City Manager, or her designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation. . THE FOREGOING RESOLUTION was approved and adopted by the City of Farmersville, City Council on this 9th day of May, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor Paul Boyer
ATTEST:

Rochelle Giovani, City Clerk

CITY OF

FARMERSVILLE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: May 9, 2022
SUBJECT: Agreement for Grant of Funds with Farmersville Unified School District in the amount of $19,000 for the 2022 Community Swim Program
RECOMMENDED ACTION:

It is recommended that the City Council approve an Agreement for Grant of Funds with Farmersville Unified School District in the amount of $19,000.

BACKGROUND and DISCUSSION:

The Farmersville Unified School District is making the pool available to the public during the summer for various activities such as swimming lessons and open sessions. The District will be contracting with California Teaching Fellows Foundation to provide services such as lifeguards and other staff that will need to be present during public use. Registration and entrance fees will be charged by the District to help cover some of the maintenance and operation costs.

The City Council previously approved a contract in 2020 in the amount of $17,500 to support the Community Swim Program to ensure the public has a safe location to swim during the summer.

Due to increased costs, staff recommends that the City contribute $19,000 to the Farmersville Unified School District for the 2022 season. An agreement with the District is attached for Council's consideration.

FISCAL IMPACT:

Funds for the contribution will come from the Cannabis Tax Revenue account.

ATTACHMENT(S):

Agreement with Farmersville Unified School District
•

AGREEMENT

FOR GRANT OF FUNDS
The City of Farmersville and the Farmersville Unified School District hereby enter into this Agreement for Grant of Funds for the provision of a grant of funding to the School District for their summer 2022 Swim Program.

WHEREAS, the City of Farmersville (the "City"), is aware that the Farmersville Unified School District, a public school district (the "District") is offering a community swim program during the summer of 2022 (the "Swim Program"); and
WHEREAS, the District has requested an operational grant from the City for the District's operation of the Swim Program; and
WHEREAS, the City desires to provide an operational grant to the District for use of the Swim Program.

NOW THEREFORE, do the City of Farmersville and the Farmersville Unified School District agree, for good and valuable consideration as described herein, to the following terms for the receipt of an operational grant from the City of Farmersville:

1. City shall provide Nineteen Thousand dollars and no cents ($19,000) in funding to the District by May 30, 2022 (the "Grant").

2. The Grant funds shall be utilized by the District as they see fit, within their sole discretion, generally for the Swim Program.

3. City shall have no role or responsibility in any decision related to the Swim Program, including but not limited to those related to the set-up and/or operations, marketing, pricing (if any), supervision, safety, labor, maintenance, reporting, and/or regulatory requirements.

4. The Grant shall be for the Swim Program being offered by the District for the summer of 2022.

5. District shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the District's operation of the Swim Program. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from District's operation of the Swim Program, the District shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

6. The District shall refrain from, and shall take affirmative steps to ensure against, the City being named as a participant in the operation of the Swim Program.

IN WITNESS WHEREOF, the parties hereby execute this Agreement For Grant of Funds in agreement of the all terms stated above.

CITY OF FARMERSVILLE
By:

Name:

Title:

FARMERSVILLE UNIFIED SCHOOL DISTRICT
By:

Name:

Title: _

CITY OF
FİRMERSVILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: May 9, 2022
SUBJECT: Review City regulations regarding Temporary Outdoor Use permits RECOMMENDED ACTION:

Recommend that the City Council review Municipal Code Section 17.56.40 and provide direction regarding vendors and Temporary Outdoor Use permits.

BACKGROUND and DISCUSSION:

At a previous meeting, the City Council requested that staff add an agenda item to discuss a concern over vendors that temporarily sell flowers and other products for holidays and special occasions. The City of Farmersville currently issues a Temporary Outdoor Use permit to vendors or property owners that desire to hold sales or events in private parking lots. The municipal code currently does not distinguish between the type of products sold or limit the number of vendors that would be permitted to sell on a given day.

These permits are issued to temporary vendors that have permission from the property owner to set up a booth on their property. There is nothing in the municipal code that prevents these vendors from requesting multiple permits so they can be in multiple locations at the same time.

This has been the case with the flower vendors.

These permits also apply to local businesses that want to have a large "sidewalk" sale in their parking lot or if a local business would like to hold a special event where they have multiple merchandise or food vendors present.

The Council could limit the permits to be issued only to local business owners, however more than likely the property owner would simply apply for the permit so that the flowers could still be sold at their location. Or, the vendor could apply for a business license and qualify as a local business.

There does not appear to be any issues with other types of vendors and permits being issued, so Council could consider placing a restriction specifically to the flower vendors, and not to any other types of vendors. For example, a maximum of 3 permits to be issued to vendors selling flowers on the same day, and only 1 permit per individual vendor.

Staff would like to caution Council on the potential perception of favoritism towards a single store and the unknown impact of setting this type of precedent for other businesses. A similar scenario could be if a restaurant owner requested that food trucks that sell Mexican food not be allowed to do business in town.

The City Manager has consulted with the City Attorney and is requesting direction from Council on potential revisions to Municipal Code 17.56.040, if any. A first reading could be presented at the May 23 meeting, a second reading on June 13", and adoption going into effect 30 days later.

FISCAL IMPACT:

The City charges $190 for each permit, so there would potentially be a small decrease in revenue if the number of permits are limited
ATTACHMENT(S):

Municipal Code Section 17.56.040

17.56.040 Temporary outdoor uses.

A. Permitted Outdoor Uses-Up to Thirty Days.

1. Christmas tree, fireworks and other annual sales activities.

2. Farmers' markets.

3. Other promotional events such as carnivals and nonprofit fund-raising activities., B. Permitted Outdoor Uses-Up to Ten Days.

1. Short-term sales such as sidewalk or parking lot sales carried on by and adjacent to an existing commercial business which is conducted within a building.

2. Temporary retail sales of products which are permitted for sale within the zoning district not covered in subdivision 1 of this section.

3. Parade related sales activities.

4. Religious gatherings, tent gatherings or other such events.

C. A temporary use permit signed by the planning director and the chief of police shall be required for all temporary outdoor uses.

D. Performance Standards. These apply to all temporary outdoor uses.

1. A business or other appropriate city license approved by the zoning administrator is required for all uses.

2. Written permission of the owner or operator of the property is required.

3. Site plan approval by planning director may be required.

4. All wares and goods are to be displayed in a neat and orderly fashion.

5. Sales areas are not to interfere with driveways, corner sight requirements or sidewalk traffic.

6. Use of parking spaces for sales displays requires approval of the traffic engineer.

All uses are to be fully cleaned up and removed by close of business on the last day approved license is valid.

8. No consecutive licenses are to be issued for the same location.

9. At least two thirty-gallon trash receptacles are to be provided.

E. Additional Performance Standards.

1. Sign permit is required. Temporary signs may not exceed six square feet in area. One sign permitted per site.

2. Hours of operation limited to eight a.m. to ten p.m.

The zoning administrator is authorized to permit uses for any duration between one day and thirty (Ord. 319 § 1(part), 1987)
Created: 2022-03-21 11:03:64 [EST]
(Supp. No. 15)

Page 1 of 1 ends

FÄRMERSVILLE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: May 9, 2022
SUBJECT: Letter of Support for AB 1944 (Lee) Amending Brown Act Requirements RECOMMENDED ACTION:

Recommend that the City Council approve and submit a Letter of Support for AB 1944 (Lee).

BACKGROUND and DISCUSSION:

AB 1944 would allow members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their address on the meeting agenda if teleconferencing from a location that is not a public place. and not making this address open to members of the public. Livestreams of meetings would be required so the public has access to observe and participate in meetings whenever members teleconference into meetings.

This bill would also require the agenda to identify any member of the legislative body that will participate in the meeting remotely. It would also require an updated agenda reflecting all of the members participating in the meeting remotely to be posted if a member elects to participate remotely after the agenda is posted.

This bill would repeal these provisions on January 1, 2030.

The League of California Cities has taken a position of support.

ALTERNATIVES:

The Council may choose to not take a position on the proposed bill.

ATTACHMENT(S):

AB 1944 Fact Sheet
Letter of Support

CITY OF

ARMIERSVITLR,
May 9, 2022
The Honorable Alex Lee
California State Assembly
1021 O Street, Suite 6330
Sacramento, CA 95814
Re: AB 1944 (Lee) Local government: open and public meetings.

Letter of Support from the City of Farmersville
Dear Assemblymember Lee,
On behalf of the City of Farmersville, I write to express our support for your bill, AB 1944, which allows members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making addresses open to members of the public. The bill also requires a remote participation option for members of the public to address the body during meetings when the legislative body elects to use teleconferencing.

Assembly Bill 1944 builds off of last year's efforts to modify certain Brown Act requirements by providing additional protections and flexibility to local agencies, whether there exists a state of emergency or not. This bill is an important tool for local agencies to be able to utilize in order to preserve their safety, while still ensuring public transparency that is required and deserved by the public.

Thank you for you work on this important policy topic, and the City of Farmersville is pleased to support AB 1944.

Sincerely,
Paul Boyer
Mayor
City of Farmersville
909 W Visalia Road • Farmersville, CA • 93223 • P-(559) 747-0458 • F-(559) 747-6724 AB 1944

ASSEMBLYMEMBER ALEX LEE
THIS BILL emergency. In addition, if there is no majority vote every 30 days, members who choose to teleconference are
This bill would allow members of a local legislative body, required to make private addresses publicly known and accessible.
upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda Since there are many members of Brown Act bodies who and making this address open to members of the public. It have families that may be immunocompromised or may would also require a remote participation option for need to teleconference from a private location that cannot members of the public to address the body. be made accessible to the public, there are still many concerns with existing legislation.

BACKGROUND
For example, if outside of the pandemic a local elected is The Ralph M. Brown Act passed in 1953 requires local teleconferencing from a hospital room after giving birth, government business to be conducted at open and public she would be forced to either reveal the location she is meetings, except in certain limited situations. Existing teleconferencing from or make the room publicly law allows the legislative body of a local agency to use available, or she would not be able to attend the meeting teleconferencing as long as a quorum of the members and partake in her official duties. participate from locations within the boundaries of the agency's jurisdiction. Another example is if a Planning Commissioner is immunocompromised, or has immunocompromised
In order to teleconference, each teleconference location is family members at home, they may choose to required to be identified in the notice and agenda of the teleconference into meetings. However, they would be meeting, as well as be accessible to the public. required to share their private home address and make it publicly accessible.

On March 2020, Governor Newsom issued Executive
Order N-29-20 which waived the teleconference SOLUTION
requirements for local agencies during the COVID-19
pandemic. This order has since expired. AB 1944 would ensure that:

AB 361 (Rivas, 2021) permits local agencies to continue • Brown Act bodies can vote to allow their to meet virtually and remotely during a state-declared members to teleconference into a meeting emergency without having to meet a quorum and other without having to reveal private addresses or make private addresses accessible to the public,
Act locat relative bodies may continue to men to continue performing their official duties • Livestreams of meetings are required whenever
members acos to be ine and prints son in
meetings
without meeting existing Brown Act requirements.
• Members of the public can address their elected

PROBLEM
ensuring that they are able to pidic pate in
Given the last few years of the COVID-19 pandemic, covernment many members of Brown Act bodies have participated
remotely in official business, and have shown effective

OFFICE OF ASSEMBLYMEMBER ALEX LEE
AB 1944 FACT SHEET | UPDATED 04/21/22
SUPPORT South San Francisco Councilmember James Coleman San Bruno Park District Trustee Andriana Shea
Santa Ana City Councilmember Jessie Lopez
California State Association of Counties Sacramento City Councilmember Katie Valenzuela League of California Cities South San Francisco Unified School District Board of Rural County Representatives of California Trustees John Baker Urban Counties of California North Westwood Neighborhood Councilmember Andrew League of California Cities Latino Caucus Lewis
Association of California School Administrators
Association of California Healthcare Districts
California Association of Public Authorities for IHSS CONTACT Bay Area Air Quality Management District
California Charter Schools Association Maria Montchal, Legislative Aide California School Boards Association Office of Assemblymember Alex Lee Cities Association of Santa Clara County 916-319-2025 | [email protected] City of Cupertino
City of Lafayette
City of Mountain View
City of Redwood City
City of San José
City of Santa Clara
Disability Rights California
Encina Wastewater Authority
First 5 Solano Children and Families Commission
Housing Contractors of California
Indivisible CA-37
Indivisible Sacramento
Indivisible San Francisco
Indivisible San Jose
Los Angeles Unified School District
Mendocino County Board of Supervisors
Monterey County
Peninsula Clean Energy
Sacramento Area Council of Governments
San Mateo County Transit District (SAMTRANS)
San Mateo County Transportation Authority
Silicon Valley Clean Energy
Silicon Valley Community Foundation
Solano County Board of Supervisors
Sonoma Clean Power
Stanislaus Council of Governments
State Association of County Retirement Systems
Town of Hillsborough
Transportation Agency for Monterey County
Transportation Authority of Marin
Tulare County Board of Supervisors
Tulare County
Upper San Gabriel Valley Municipal Water District
Gilroy City Councilmember Zach Hilton
Pinole Mayor Pro Tem Devin T. Murphy
Santa Clara School Board Member Vickie Fairchild
Santa Clara School Board Member Bonnie Lieberman
Seaside City Councilmember Jon Wizard

OFFICE OF ASSEMBLYMEMBER ALEX LEE
AB 1944 FACT SHEET | UPDATED 04/21/22

CITY OF
FİRMERSVILE
City Council
Staff Report 8D
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: May 9, 2022
SUBJECT: AB 361 and Teleconferenced Meetings
RECOMMENDED ACTION:

Provide findings and direction regarding AB 361 related to teleconference meetings.

BACKGROUND and DISCUSSION:

On September 16, 2021, Governor Newsom signed Assembly Bill 361 amending the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a "proclaimed state of emergency" by the Governor. This allowance also depends on local officials finding that meeting in person would present an imminent safety risk to attendees. AB 361 would apply to any proclaimed emergencies such as earthquakes, floods, and wildfires in addition to the current pandemic.

Pursuant to AB 361 if public comment is disrupted due to technical difficulties, then the legislative body may not take any vote or other official action until the technical disruption is corrected and public access is restored.

Additionally, AB 361 requires the legislative body to make findings by majority vote every 30 days that a state of emergency exists and continues to directly impact the ability of the members to promote social distancing. The City Council voted and directed staff on October 11, 2021, to comply with AB 361 based on their findings that there is still a risk to the health and safety of attendees. To continue holding teleconference meetings, the City Council must make these same findings every 30 days or decide to return to in-person meetings. Staff respectfully requests findings by the City Council and direction at this time.

ATTACHMENT(S):

AB 361

STATE OF CALIFORNIA
•
Assembly Bill No. 361
CHAPTER 165
the urgency thereof, to take effect immediatelv.

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference Location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is a legislative body of a local agency has a procedure for receiving and swifly 92 Ch. 165 - 2-
resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements - imposed by the kalph M. Brown Act when a legislative body of a loca agency holds a meeting during a declared state of emergency, as that tern is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held tor the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice ot the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from agency'S control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 - 3 - Ch. 165
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the controi of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiltly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meeting hrough teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconterence location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislane body to usive bedy in concierion diary, meting or perceing uthorized by law.
notice and acesily requirements, a legislative body as to ted for purposes of the act, to hold public meetings through teleconferencing and Ch. 165 -4-
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address he legislative body. With respect to a legislative body holding a public neeting pursuant to these provisions, the bill would suspend certair requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the overnor's Executive Order No. N-29-20, to improve and enhance publi ccess to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 •
-5- Ch. 165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through (2) For a legislative body holding a
all of the lovine inquirements
eleconterencing pursuant to this section, :
in this article are suspended:

A) Each teleconference location from which a member will b articipating in a public meeting or proceeding be identified in the notic ind agenda of the public meeting or proceeding
(B) Each teleconference location be accessible to the public (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body reed not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section applicable.
92 )
Ch. 165 - 6 -
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of -
effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
ursuant to this section. a
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference .conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the ocation specified in the notice of the meeting
nem) As are bedy that to dame ding thrones tele meren in and alar 92 -7— Ch. 165
or otherwise electronically, consistent with the notice and accessibility offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant to - his section and allows members of the public to observe and address th neeting telephonically or otherwise electronically, the state body shall als do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere s closely as reasonably possible to the otherwise applicable provisions o his article, in order to maximize transparency and provide the public acces (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed
SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165 - 8-
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or roceeding authorized by law. The teleconferenced meeting or proceedin hall comply with all otherwise applicable requirements of this chapter an all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both Nothing in this section shall prohibit a local agency from providing the public with additional teleconterence locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local 92 1
Ch. 165
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14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of nergency for the purpose of determining, by majority vote, whether as sult of the emergency, meeting in person would present imminent rist to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 - 10 -
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agend shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option o internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to ›rovide a physical location from which the public may attend or comment (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.

G) (i) A legislative body that provides a timed public comment perio or each agenda item shall not close the public comment period for th genda item, or the opportunity to register, pursuant to subparagraph (F) o provide public comment until that timed public comment period ha:
(ii) A legislative body that does not provide a timed public comment 92 •
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- 11 — Ch. 165
(3) If a state of emergency remains active, or state or local officials have by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. (.) Alim mne54i9g5 of the lovetive no Cod aral age to sadi. be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced . meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct 92 Ch. 165 - 12 - •
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in ibdivisions (d) and (e). The agenda shall provide an opportunity fi embers of the public to address the legislative body directly pursuant Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any actio aken and the vote or abstention on that action of each member present fo (3) Prior to taking final action, the legislative body shall orally report a hemales, of a repeation pand in the for oioring thenslas es a ale hedules. or compensation na
agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph 3) of subdivision (b), it a health authority conducts a teleconference meeting nembers who are outside the jurisdiction of the authority may be counter owara the establishment of a quorum when participating in thi eleconference if at least 50 percent of the number of members that wouk establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access (2) Nothing in this subdivision shall be construed as discouraging healt authority members from regularly meeting at a common physical site withir the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
reated pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.3 4087.38, and 14087.9605 of the Welfare and Institutions Code, any join 92 - 13 - Ch. 165

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code it the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying witl the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:

A) Ine legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommendec measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency.

D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, •
92 Ch. 165 - 14-
the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the genda item, or the opportunity to register, pursuant to subparagraph (F) to provide public comment until that timed public comment period ha:
(i) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsec 3) If a state of emergency remains active, or state or local officials hav imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) o subdivision (b), the legislative body shall, not later than 3( days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a . state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(1) This section shall remain in effect only until January 1, 2024, and a:
of that date is repealed
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 - 15- Ch. 165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and proceeding.
(2) Teleconterencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
3) If the legislative body of a local agency elects to use teleconferencing t shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional y of a cat garcy, Each helpierence location shalthe identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconterence, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as detined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 •
Ch. 165 - 16-
members who are outside the jurisdiction of the authority may be counted which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)ed or suase so hit sus 4018,1, heal871, 14087.35, 14087it created pursuant to Sections 14018.7,
14087.38; and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code it the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all 92 -17- Ch. 165
legislative body of a local agency. Each teleconference location shall be identified'in the notice and agenda of the meeting or proceeding, and each which the local agency exercises jurisdiction, except as provided in ubdivision (d). The agenda shall provide an opportunity for members o he public to address the legislative body directly pursuant to Section 54954. at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
take The legislate or body fal out at act shalt painy repor present or the action.
(3) Prior to taking final action, the legislative body shall orally report summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during le open meeting in which the final action is to be taken. This hall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when
teleconference if at least 50 percent outrenumber patient old establish a quorum are present within the boundaries of the territory over which the authority exerciscs jurisdiction, and the health authy, that allades a teleconference number, and associated access codes, any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. ) Nothing in this subdivision shall be construed as discouraging heal uthority members from regularly meeting at a common physical site with the jurisdiction of the authority or from using teleconference locations within created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint -
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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapte

2.2 (commencing with Section 1340) of Division 2 of the Health and Safet Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024. by both this bill an
Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies:

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 from meetings.
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(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not reference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location the public's right to access information concerning the conduct of the people's business.
preservation thine puis i ere, heatat necessary for the meamedia o Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public neetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. •
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Farmersville City CouncilMay 9, 2022

Farmersville City Council
May 9, 2022