Agenda — Farmersville City Council, July 11, 2022

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Paul Boyer, Mayor
Tina Hernandez, Mayor Pro Tem Monday, July 11, 2022 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Ruben Macareno, Council Member - 909 W. Visalia Road Farmersville, California Danny Valdovinos, Council Member
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: 83982603452
Password: 019517

1. Call to Order:

Roll Call:

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 June 27, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of June 27, 2022
B. Adopt Resolution 2022-020 approving the City of Farmersville Conflict of Interest Code
Recommend that the City Council adopt Resolution 2022-020 approving the Conflict of Interest Code which incorporates the Fair Political Practices Commission's Standard Mode Code.

Documents: Resolution 2022-020
General Business
A. Request to Co-Sponsor Summer Night Light Events with Proteus Recommend that the City Council approve a request to co-sponsor Proteus events and the use of the Community Center.

B. AB 361 and Teleconferenced Meetings
Recommend that the City Council provide findings and direction regarding AB 361 related to teleconference meetings.

Documents: AB 361
Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference
Recommend that the City Council designate a voting delegate and alternate(s) for the League of California Cities Annual Conference, and authorize the City Clerk to complete and submit the Voting Delegate Form.

Documents: Correspondence
D. Introduce and waive the first reading of Ordinance 516 amending Chapter 17.53, Section 17.53.030 of the Farmersville Municipal Code pertaining to cannabis microbusinesses
Recommend that the City Council introduce and waive the first reading of Ordinance 516 amending Chapter 17.53, Section 17.53.030 of the Farmersville Municipal Code pertaining to cannabis microbusinesses.

Documents: Ordinance 516
E. Discuss Topics for Upcoming 2 + 2 Meeting with Farmersville Unified School District
Recommend that the City Council provide direction to the Mayor and Mayor Pro Tem for issues to be discussed with the Farmersville Unified School District.

9. Council Reports
A. City Council Updates and Committee Reports

10. Staff Communications:

11. Future Agenda Items

1. Amend Ordinance - Temporary Outdoor Use Permits

2. Installation of EV Charging Stations

3. Reservations for Picnic Shelters

4. Joint Session with Planning Commission regarding Brown Act and Governance Basics

12. 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
Farmersville City Council
Regular Meeting
Paul Boyer, Mayor
Tina Hernandez, Mayor Pro Tem Monday, June 27, 2022 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Ruben Macareno, Council Member - 909 W. Visalia Road Farmersville, California Danny Valdovinos, Council Member
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: 82489707001
Password: 396599
Call to Order: Mayor Boyer called the meeting to order at 6:02 pm.

2. Roll Call:

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

4. Pledge of Allegiance: Council Member Gomez led the pledge of allegiance.

5. Public Comment:

First Public Comment Period:

Alice Lopez, a resident of Farmersville, voiced her concerns about the new plans for the Sports Park, assuming there would be a reduction in number of baseball fields.

Ellen Herman, a resident of Farmersville, informed Council that her granddaughter McKenzie Hall is now missing for 30 days. Ms. Herman would like better communication from the Farmersville Police Department, specifically the Detective working on the case.

Second Public Comment Period: reopened at 7:34 pm by Mayor Boyer:

Karie Miller, a resident of Farmersville, shared with Council that her daughter went missing from Farmersville earlier this year. Sorrowfully, Ms. Miller's daughter's remains were found out of County. Ultimately, Ms. Miller would like to bring awareness to like cases and find justice for her daughter.

Presentations: None given.

7. Consent Agenda:

A. Minutes of Regular City Council Meeting of June 13, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of June 13, 2022
B. Finance Update for May 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: May 2022 Warrant Register
Investment Summary May 2022
C. Waive Second Reading and approve Ordinance 515 adopting Municipal Code Chapter 3.44 Enacting a Ten Percent (10%) Transient Occupancy Tax on Hotel Occupancies within the City
Recommend that the City Council waive the second reading and approve Ordinance 515 adopting Municipal Code Chapter 3.44 Enacting a Ten Percent (10%) Transient Occupancy Tax on Hotel Occupancies within the City.

Documents: Ordinance 515
Engagement Letter for Annual Audit
Recommend that the City Council authorize the Mayor to sign the engagement letter to commission Price Paige & Co. to perform annual financial audit for FY 2021-22.

Documents: Engagement Letter
E. Approve Flyover Request for the 2023 Annual Memorial Day Parade Recommend that the City Council authorize the Mayor to sign the attached Request for Military Aerial Support application.

Documents: Request for Military Aerial Support application Engineer's Reports and Assessments for 2022/2023 Landscape and Lighting Assessment Districts
Recommend that the City Council review the engineer's reports prepared for the 2022/2023 Landscape and Lighting Assessment Districts and adopt Resolution 2022-019 of intent to levy and collect assessments on the Landscape and Lighting Assessment Districts.

1. Resolution 2022-019

2. Engineers Reports - Landscape and Lighting Assessment Districts
Mayor Boyer abstained from item B.

Motion to approve as presented.

RESULT: APPROVED
MOVER: Councilmember Gomez
SECONDER: Councilmember Valdovinos
AYES: Boyer, Gomez, Macareno, Valdovinos
ABSENT: Hernandez

8. General Business
A. Farmersville Fire Department Strategic and Master Plan and the Operational Analysis as presented by Public Consulting Group LLC Recommend that the City Council receive and consider adopting the Farmersville Fire Department Strategic and Master Plan and the Operational Analysis as presented by Public Consulting Group LLC.

Documents:

1. FY2023 - FY2028 Strategic Plan & FY2023 - FY2033 Master Plan

2. Farmersville Fire Department Fiscal, Administrative, and Operational Analysis
Charles Hurley, Project Specialist at PCG, presented the Strategic and Master Plan for the Farmersville Fire Department. Chief Hurley emphasized the challenges the City's Fire Department will face and stressed that a solid financial foundation would allow the department to reach the ultimate operational and administrative goals set out in the strategic plan.

Discussion took place regarding the plans for building a Farmersville Fire Station separate from the City Hall including the estimated costs and blueprints for design. Also, immediate redesign and renovation of the current City Hall living space for the Fire Department is required for proper cohabitation of male and female firefighters. Lastly, Mr. Hurley addressed concerns regarding the Tulare County Dispatch's performance and operational time.

Council motioned to approve and adopt the FY2023 - FY2028 Strategic and the FY2023 - FY2033 Master Plans as the City Staffs working guides for the future of the Farmersville Fire Department.

RESULT: APPROVED
MOVER: Councilmember Gomez
SECONDER: Councilmember Valdovinos
AYES: Boyer, Gomez, Macareno, Valdovinos
ABSENT: Hernandez
B. Ventura Ave Crosswalk Study
Recommend that the City Council review and discuss the field analysis of pedestrian crossings and vehicle traffic along Visalia Road between Ventura and Shasta Ave, and the determination if warrants exist for mid- block crossing implementation in the area.

Documents: Ventura Ave Crosswalk Study
Kevin Gross, City Engineer, reviewed and discussed the field analysis of pedestrian crossing and vehicle traffic along Visalia Road between Ventura and Shasta. Based on the study and MUTCD guidelines, Mr. Gross reported that the current traffic volume for pedestrian and vehicle traffic does not warrant any crosswalk improvements at Shasta Ave or Ventura Ave.

Discussion took place regarding the future development of Visalia Road and the effects on traffic flow. Councilmember Gomez confirmed with Mr. Gross that the speed limit on Visalia Road is fitting based on the study. Police Chief Mario Krstic commented on fatalities that occurred on Visalia Road when the City had a crosswalk west of Farmersville Bivd. several years ago.
•
Following additional discussion, Council directed staff to move forward with plans to develop a crosswalk on the westside of Ventura.

RESULT: APPROVED
MOVER: Councilmember Gomez
SECONDER: Councilmember Valdovinos
AYES: Boyer, Gomez, Macareno, Valdovinos
ABSENT: Hernandez

9. - Council Reports
A. City Council Updates and Committee Reports
Mayor Boyer was pleased with the aesthetics of Farmersville Blvd. Mr. Boyer states with the addition of low water landscaping the boulevard looks better.

10. Staff Communications:

Director of Finance and Administration Steve Huntley followed up on prior discussions regarding the Measure Q Tax and noted that the Fiscal Year 2023 Adopted Budget is posted on the City of Farmersville website, and the summary of Measure Q Revenue and Expense are reported on Paged 84-88.

City Engineer Kevin Gross reported that QK is developing software that will use Geographical Information System (GIS) mapping to display all the active city projects.

Council would like Mr. Gross to include a monthly status report on active projects.

Public Works Director Jeff Dowlen reported that the Liberty Park irrigation upgrade is nearly complete. Also, the Annual Newsletter and Water Quality Report are almost finished. Discussion took place regarding the goatheads at Liberty Park, and Mr.

Dowlen informed the Council that Public Works would spray the plants during the winter months.

Battalion Chief Jim Thomas thanked the PCG staff for their hard work preparing the Fire Department Strategic and Master Plan. Also, BC Thomas informed the Council that two new reserves had finished their orientation. Lastly, he noted that there are no significant incidents to report.

Police Chief Mario Krstic thanked Charles Hurley, Ken Riddle, and the PCG staff for their hard work in preparing the Fire Department Strategic and Master Plan. Also, Chief Krstic noted that Staff has already implemented the plan by hiring the Battalion Chief.

Lastly, Chief Krstic was pleased to report that the Kids Boxing Grappling MMA in Farmersville was a success, and he did not have any incidents to report.

11. Future Agenda Items

1. Installation of EV Charging Stations

2. Reservations for Picnic Shelters

3. Joint Session with Planning Commission regarding Brown Act and Governance Basics

12. Adjournment:

Mayor Boyer adjourned the meeting at 7:49 pm.

Respectfully submitted,
Betina Ashoori
Deputy City Clerk
Strong Roots..... Growing Possibilities

CITY OF

FARMERSVILLE
City Council
Staff Report 7B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: July 11, 2022
SUBJECT: Adopt Resolution 2022-020 approving the City of Farmersville Conflict of Interest Code
RECOMMENDED ACTION:

That the City Council adopt Resolution 2022-020 approving the Conflict of Interest Code which incorporates the Fair Political Practices Commission's Standard Mode Code.

BACKGROUND and DISCUSSION
The Fair Political Practices Commission (FPPC) has regulations regarding the establishment and maintenance of conflict of interest codes. Resolution 2022-020 reflects the current positions that are deemed Designated Employees and must disclose financial interests.

Mandatory filers pursuant to Government Code Section 81000, such as City Council members and the City Manager, are not included in this list.

ATTACHMENT(S): Resolution 2022-020
RESOLUTION 2022-020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE APPROVING • THE CONFLICT OF INTEREST CODE WHICH INCORPORATES THE FAIR POLITICAL

PRACTICES COMMISSION'S STANDARD MODE CODE
WHEREAS, the Fair Political Reform Act of 1974, Government Code sections 81000, et seg., requires every local government agency to adopt and promulgate a Conflict of Interest Code, and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal.

Adm. Code section 18730, which contains the terms of a standard model Conflict of Interest section 11370, et seq., and
WHEREAS, the City Council of the City of Farmersville has determined that the attached Exhibit A accurately sets forth those positions which should be designated.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmersville does hereby resolve as follows:

Section 1: The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Exhibit A in which employees are designated and disclosure categories are set forth, and hereby incorporated by reference and constitute the Conflict of Interest Code of the City of Farmersville.

Section 2: Pursuant to section 4 (c) of the Code (2 Cal. Adm. Code S18730), all designated ofticers and employees shall file their statements with the City Clerk to whom the City Council hereby delegates the authority to carry out the duties of the filing Officer.

The foregoing resolution was adopted upon a motion of Council Member second by Council Member at a regular meeting of the Farmersville City Council on July 11, 2022, by the following roll call vote:

AYES:

NOES: _
ABSTAIN:

ABSENT:

Paul Boyer, Mayor City of Farmersville
Attest:

Rochelle Giovani, City Clerk
- 1-
Contict of lage 2

EXHIBIT A

CITY OF FARMERSVILLE
. Persons occupying the following positions are designated employees and mus isclose financial interests in all categories defined on Form 700 City Clerk
Director of Finance/Administrative Services
Director of Public Works
Chief of Police
Fire Chief
City Engineer
Finance Manager
Consultants
•
(1) Consultants shall be included in the list of designated employees and shall include those consultants who are determined by the City Manager to come within the definition of "consultant" as defined in 2 Cal. Administrative Code Section 18701 (a) (2).
-2-
•

FAIR POLITICAL PRACTICES COMMISSION
2022 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.

By October 3, 2022: The biennial notice must be filed with the agency's code reviewing body.

The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (eg., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.

The Local Agency Biennial Notice is not forwarded to the FPPC.

If amendments to an agency's conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency's amended code is not effective until it has been approved by the code reviewing body.

If you answer yes, to any of the questions below, your agency's code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency's organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency's conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC's website. [email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2022 • Page 1 of 1
2022 Local Agency Biennial Notice
Name of Agency:_
Mailing Address:

Contact Person: Phone No. _
Email: - Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
• An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
• Revise disclosure categories
• Revise the titles of existing positions
• Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
• Other (describe
The code is currently under review by the code reviewing body.

No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or ernier, ed. Please return this notice no later than October 3, 2022, or by the date specified by your agency. if (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

FPC Advice: [email protected]/ t275392

Page 1 of 1 ends

CITY OF

FARMERSVILLE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: July 11, 2022
SUBJECT: Request to Co-Sponsor Summer Night Light Events with Proteus RECOMMENDED ACTION:

It is recommended that City Council approve a request to co-sponsor Proteus events and the use of the Community Center.

BACKGROUND and DISCUSSION:

Proteus would like to provide Summer Night Light Events on August 12 and 19 at the Community Center that would provide free activities to Farmersville youth and families. If the City chooses to co-sponsor the event then all fees would be waived to use the facility and no attendees from Boys & Girls Club would be required to be present.

These events are being funded by the Tulare County Step Up program with the following Vision and Goals:

Vision of the Summer Night Lights program:
• Keep a youth/family centered venue open at least one night in host communities. : Provides pultive programming for yout and facials duating for 22 Tulare County youth. • Allows for positive interaction between youth and local law enforcement. • Gives youth and families a fun and safe environment.
• Serves free food to all that attended.
• Provides community organizations a forum to introduce their services to the community.

Goals:
• Provide safe recreational opportunities for youth of all ages. • Reduce crimes committed by and against youth during the summer months. • Improve the local economy through jobs, training, and purchasing food and other supplies. • Summer Night Lights provides positive programming and a safe environment for youth of all ages and includes numerous community partners throughout Tulare County.

FISCAL IMPACT:

Minimal cost for any city staff involvement.
•

CITY OF
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: July 11, 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

AUTHENTICATED

LECTRONICLEGA MATER
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]

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 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 or meetings to occur via teleconferencing subject to certain requirements articularly that the legislative body notice each teleconference location o locations within the boundaries of the local agency's jurisdiction. The act rovides an exemption to the jurisdictional requirement for health authorities s defined. The act authorizes the district attornev or anv interested nersor bject to certain provisions, to commence an action by mandamus ‹ junction for the purpose of obtaining a judicial determination that specifie 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 inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided 92 resolving requests for reasonable accommodation for individuals with This bill, until January 1, 2024, would authorize a local agency to ust eleconferencing without complying with the teleconferencing requirement mposed by the Ralph M. Brown Açt when a legislative body of a loca gency holds a meeting during a declared state of emergency, as that terr attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risk 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 of 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 legisiative 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 fron roadcasting the meeting, or in the event of a disruption within the loca agency's control which prevents members of the public from ottering public comments, until public access is restored. The bill would specify that actions le legislative body and ofter comment in real time. The bill would prohio le legislative body from closing the public comment period and th 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 teleconferencing procedures.

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 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 control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with pecified exceptions, that all meetings of a state body be open and public und 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 he location specied 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 swiftly 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 accessibk 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 teleconference 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 legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding 92 Ch. 165
to make public meetings accessible telephonically, or
electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative 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 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 Governor's Executive Order No. N-29-20, to improve and enhance public access 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.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and 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, anc subject to the notice and accessibility requirements in subdivisions (d) anc (e), a legisiative body may hold public meetings through teleconferencing 92 - 5- Ch. 165
lectronically to all members or acessic seeing on carve and theres. the legislative body.
(b) (I) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
tele forencing pusatant to thy secion, all of the boil ming requirements (2) For a legislative body holding a in this article are suspended:
(A) Each teleconterence 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 legislative body at cach teleconference conference location.
) Post agendas at all teleconterence locations.
(E) At least one member of the legislative body be physically present at 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 need not may observe the meeting and offer public comment.
(d) It a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the 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 legislativ ody that holds a meeting through teleconferencing pursuant to this sectior applicable.
92 •
Ch. 165
(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 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 nay 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 dhere as closely as reasonably possible to the otherwise applicabl rovisions of this article, in order to maximize transparency and provid (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and (b) (1) For a state body holding a public meeting through for a public meeting, are hereby suspended.
sual to sta sebody, aldin the following entirement are int parts ach tel ponterence nor reach a meet ill be
B) Each teleconference location be accessible to the publi " Members of the public may address the state body at eac teleconference conference location.
0) Post agendas at all teleconference locations
E) At least one member of the state body be physically present at th location specified in the notice of the meeting.
members ofe he dy that o dame and rores the meten in honicalls 92 - 7- Ch. 165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical Location from which members of the public may observe the meeting and offer public comment.
this for and to steameding trueh tonersing press to
meeting telephonically or otherwise electronically, the state body shall also do both of the following:
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 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.
• In each instance in which notice of the time of the meeting is otherwis iven or the agenda for the meeting is otherwise posted, also give notice c 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 satisty. 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 (f) All state 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 state body meetings.
(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 (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 meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for al 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.
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 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.
taken The the elatior body of al al at acy shal painty report present or the action.
the legislative body shall orally report
summary of a recommendation for a final action on the salaries, salar 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 he open meeting in which the final action is to be taken. This paragrapl 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 92 - 9. Ch. 165
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph members who are outside the jurisdiction of the authority may be counted toward the establishment of
toled ference if at east 50 percent or the number of members that wound 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 codes are identified in the notice and agenda of the meeting. (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.
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 if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with 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) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommender 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.
(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 - shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas B) The legislative body shall allow members of the public to access th leeting and the agenda shall provide an opportunity for members of ti 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 ofter public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-ir 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 legisiative 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 or 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 Provide a pistan ding Section 5495 , a individal desi or to prent F) Notwithstanding Section 54953.3
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 agenda item, or the opportunity to register, pursuant to subparagraph (F) o provide public comment until that timed public comment period ha:
elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall Llow a reasonable amount of time per agenda item to allow public member le opportunity to provide public comment, including time for members o the public to register pursuant to subparagraph (F), or otherwise be- recognized for the purpose of providing public comment. subparagraph (F), until the timed general public comment period has elapsed. 92 - 11 - Ch. 165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after eleconterencing for the hirst time pursuant to subparagraph (A), (B), or ( f paragraph (1), and every 30 days thereafter, make the following finding 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 Californi Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(t) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended 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 otherwise applicable 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 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 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, Connicie this seton me pr throug it egancy or pros, or both. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
taken The legislative body fa a lat act shal paily repor pry at or the legislative body shall orally report a
su(3) Pry or to akiommendation 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 the open meeting in which the final action is to be taken. This paragraph shall not atlect 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) ot subdivision (b), if a health authority conducts a teleconference meeting nembers who are outside the jurisdiction of the authority may be counted tolecod terence at ieast 50 percent gone number of members that would the establishment of a quorum 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 codes are identified in the notice and agenda of the meeting. (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.
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 92 - 13- Ch. 165

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:
re The end ative or local oracle have imposed or end mende measures to promote social distancing.
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 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, agenda until public access to the meeting via the call-in option or 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 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. genda item, or the opportunity to registe
genda de pubric comment into raised urse to sular rada
(ii) 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 he public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (1i1) 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 elapsed (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 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
1) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(it) 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).
(f) This section shall remain in effect only until January 1, 2024, and as 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 an he legislative body of a local agency in connection with any meeting o proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all urposes in connection with any meeting within the subject matt risdiction of the legislative body. All votes taken during a teleconferenc meeting shall be by rollcall.
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 subdivision (d). The agenda shall provide an opportunity for members of he 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 the action.
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 dehned 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), if a health authority conducts a teleconference meeting, Ch. 165 - 16-
members who are outside the jurisdiction of the authority may be counted a quart is established pursuat to this television sham being for wo al other requirements of this section.
3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36 4087.38, and 14087.9605 of the Welfare and Institutions Code, any join owers authority created pursuant to Article 1 (commencing with Sectic 500) of Chapter 5 of Division 7 for the purpose of contracting pursuant 1 ection 14087.3 of the Welfare and Institutions Code, and any advisor 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 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 225502
proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matte jurisdiction of the legislative body. All votes taken during a teleconferenced elin shal be by rolley ofa local agency elects to use teleconferencing shall post agendas at all teleconference locations and condu eleconference meetings in a manner that protects the statutory an constitutional rights of the parties or the public appearing before th 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 eleconference location shall be accessible to the public. During the eleconference, 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 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.
taken and theilati or body of a oal at acy a abily reper present or 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 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 teleconterence meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating teleconference if at least 50 percent of the number of members that would 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 codes are identified in the notice and agenda of the meeting. (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 al other requirements of this section
reated pursuant to Sections 14018.7.|
14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch. 165 - 18-
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 if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. S. Sections 3.1 and 4.1 of this bill incorporate amendments t Section 54953 of the Government Code proposed by both this bill ano 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, shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improv 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 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and 92 -
- 19 - Ch. 165
(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 preference 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 people's business.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public 92 CITY OF
(FARMERSVILLE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: July 11, 2022
SUBJECT: Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference
RECOMMENDED ACTION:

That the Council designate a voting delegate and alternate(s) for the League of California Cities Annual Conference, and authorize the City Clerk to complete and submit the Voting Delegate Form.

BACKGROUND and DISCUSSION:

The League's 2022 Annual Conference is scheduled for September 7-9 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly) scheduled for Friday, September 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

The City Council must choose a Voting Delegate in order to vote in the Annual Business Meeting. The League also encourages each City Council to choose up to two alternates in the event that the designated Voting Delegate is for some reason unable to attend the meeting.

At this time Council Member Gomez and Council Member Macareno have registered for the conference. Therefore, Council should vote for the Voting Delegate and Alternate, and the City Clerk will subsequently submit the form to the League of California Cities.

ATTACHMENT(S):

Correspondence
-

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 31, 2022
DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo - September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities • membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities' event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Yoting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

CÁ 9581

LEAGUE OF
• CALIFORNIA
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find fhemselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. - 6:00 p.m.; Thursday, September 8, 7:00 a.m. - 4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Daria Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
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LEAGUE OF

CALIFORNIA
CITIES
Annual Conference Voting Procedures
One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

Registering with the Credenfials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
* 400 K Street Suite amento, CA 958|4. 918.658.8200 calcities.

LEAGUE OF
CALIFORNIA CITY:

CITIES
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return if to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates nust be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual usiness Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title:_ Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: 1 affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Email_
Mayor or City Clerk Date Phone.
(circle one) (signature
Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

CITY OF

FARMERSVILLE
City Council
Staff Report 8D
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: July 11, 2022
SUBJECT: Introduce and waive the first reading of Ordinance 516 amending Chapter 17.53, Section 17.53.030 of the Farmersville Municipal Code pertaining to cannabis microbusinesses
RECOMMENDED ACTION:

It is recommended that the City Council introduce and waive the first reading of Ordinance 516 amending Chapter 17.53, Section 17.53.030 of the Farmersville Municipal Code pertaining to cannabis microbusinesses.

BACKGROUND and DISCUSSION:

The California Department of Cannabis Control issues Microbusiness licenses if the business will do at least three of the following activities at one location:
• Cultivation - up to 10,000 total square feet
• Manufacturing - use of non-volatile solvents, mechanical extraction or infusion • Distribution or distribution transport-only
• Retail - storefront or non-storefront
The City of Farmersville currently allows individual cannabis licenses for Cultivation, Manufacturing, Distribution, and Retail, but prohibits the combined Microbusiness license under Chapter 17.53 Section 17.53.030(B)(3). If the City issued permits for Microbusinesses, the business would still be charged the fees for each activity. Any applications would still need to comply with appropriate review and approvals by City staff and Council. The sole benefit to issuing a Microbusiness permit would be for the business submitting a single application to the State rather than multiple applications.

At this time, the City Manager is recommending that Municipal Code Section 17.53.030(B)(3) be deleted as proposed in the attached Ordinance.

FISCAL IMPACT:

None.

ATTACHMENT(S):

Ordinance 516
ORDINANCE 516

AN ORDINANCE OF THE CITY OF FARMERSVILLE
AMENDING CHAPTER 17.53 - CANNABIS REGULATIONS, SECTION 17.53.030(B) The City Council of the City of Farmersville does ordain as follows:

WHEREAS, the State of California has provided that a City may regulate cannabis businesses; and
WHEREAS, the City of Farmersville allows individual licenses for Cultivation, Manufacturing, Distribution, and Retail; and
WHEREAS, the California Department of Cannabis Control issues Microbusiness licenses if the business will do at least three of the following activities at one location:
• Cultivation - up to 10,000 total square feet
• Manufacturing - use of non-volatile solvents, mechanical extraction or infusion • Distribution or distribution transport-only
• Retail - storefront or non-storefront; and
WHEREAS, the City Municipal Code currently provides language at Chapter

17.53 Section 17.53.030(B)(3) that prohibits the operation of Microbusinesses; and

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FARMERSVILLE HEREBY ORDAINS AS FOLLOWS:

SECTION 1: Amend Chapter 17.53, deleting Section 17.53.030(B)(3) of Title 17 of the Farmersville Municipal Code as follows:

17.53.030 - Nuisance declared.

B. Prohibited Cannabis Business and Non-Business Activities. Unless and until this subsection is specifically cited as repealed, notwithstanding any other ordinance of the city, each of the following shall be prohibited everywhere within the city and shall constitute a public nuisance:

1. Outdoor Cultivation. All outdoor possession, planting, cultivation, harvesting, drying or processing of cannabis and industrial hemp, including any such activities with non-commercial cannabis upon any private residence under California Health and Safety Code Section 11362.1.

2. Non-Commercial Cultivation. The operation of any indoor and outdoor cannabis cultivation site upon any parcel of real property within the city without a valid state license therefor issued under Division 10 of the California Business and Professions Code, excluding non-commercial cannabis cultivation under Health and Safety Code Section 11362.1 occurring while in full compliance with all applicable provisions of this chapter, the municipal code and state law;

3. Microbusinesses. The operation of any cannabis microbusiness within any tand use zone within the city;

3.4. Use in Certain Areas. The inhalation, ingestion, use and/or other consumption, by any natural person, of any cannabis and/or any cannabis products):
a. In any place where any form of tobacco use is prohibited under California Labor Code Section 6404.5 (or successor statute);
b. Within any building and/or other facility owned, leased, operated or controlled by city;
c. Upon any public road, street, right-of-way, easement, sidewalk, park or recreation site; and
d. Upon any privately owned parcel, when such inhalation, ingestion, use and/or other consumption is to any degree detectable to the unaided senses of any reasonable observer who is not located upon the same parcel.

SECTION 2. This Ordinance shall take effect thirty (30) days after adoption and summary shall be published once in the newspaper within fifteen (15) days after its passage.

The foregoing Ordinance 516 was introduced at a regular meeting of the City Council of the City of Farmersville on the day of July, 2022, and was passed and adopted at a regular meeting of the City Council on the _ _day of July, 2022, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Mayor Paul Boyer
ATTEST:

Rochelle Giovani, City Clerk

CITY OF

FARMERSVILLE
City Council
Staff Report 8E
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: July 11, 2022
SUBJECT: Discuss Topics for Upcoming 2 + 2 Meeting with Farmersville Unified School District
RECOMMENDED ACTION:

Staff recommends that the City Council provide direction to the Mayor and Mayor Pro Tem for issues to be discussed with the Farmersville Unified School District.

BACKGROUND and DISCUSSION:

In order to address community issues that impact the City and the School District, representatives from both agencies have met in the past to discuss concerns and potential solutions. This meeting will be scheduled for later this month. The representatives for the City will be Mayor Boyer, Mayor Pro Tem Hernandez, and City staff.

The School District would like to discuss the following matters:

1. Use of City fields for school tournaments

2. Brighter streetlights on Safe Routes to Schools areas The City Manager recommends adding the following matters:

1. Lease of Riverbank Park to School District for a Community Garden

2. Potential Railroad Grade Separation project

3. Status of District's newly acquired property along Visalia Road If there are additional issues that the Council would like the representatives to discuss at the meeting, then please provide a consensus on what the final topics should include.

Farmersville City CouncilJuly 11, 2022

Farmersville City Council
July 11, 2022