Farmersville City Council
August 8, 2022

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Paul Boyer, Mayor
Tina Hernandez, Mayor Pro Tem Monday, August 8, 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: 89962021870
Password: 817693
Call to Order:

Roll Call:

Invocation:

Pledge of Allegiance:

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.

6. 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 July 25, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of July 25, 2022
B. Second Amendment to Lease Agreement with County of Tulare Recommend that the Council approve the Second Amendment to Lease Agreement with the County of Tulare.

Documents: 2nº Amendment to Lease Agreement No. 28371
1st Amendment to Lease Agreement No. 28371
2017 Lease Agreement
C. Declaration of property as surplus and disposition of the surplus property (vehicles)
Recommend that the City Council declare two Police Department vehicles and one Fire Department vehicle as surplus and authorize staff to move forward with disposition of surplus property.

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

Documents: AB 361
B. AB 2183 (Stone) Agricultural Labor Relations Voting Choice Act Recommend that the City Council provide direction and action regarding support of AB 2183.

Documents: AB 2183 Fact Sheet

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. Reservations for Picnic Shelters

3. Joint Session with Planning Commission regarding Brown Act and Governance Basics (August 29)

4. Discussion regarding a Recreation Division

5. Expansion of Liberty Park

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 Monday, July 25, 2022 6:00 PM
Tina Hernandez Mayor Pro Tem
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: 83682521467
Password: 896866
Call to Order: 6:01 pm.

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 present 6:04 pm
Invocation: Councilmember Valdovinos led invocation.

4. Pledge of Allegiance: Councilmember Gomez led the pledge of allegiance.

5. Public Comment: None given
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.

6. Presentations: None given

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 July 11, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of July 11, 2022
B. Finance Update for June 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 Fiscal Year 2021/2022; and

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

Documents: June 2022 Warrant Register
Investment Summary June 2022
C. Waive the second reading and adopt Ordinance 516 amending Chapter 17.53, Section 17.53.030 of the Farmersville Municipal Code pertaining to cannabis microbusinesses
Recommend that the City Council waive the second reading and adopt Ordinance 516 amending Chapter 17.53, Section 17.53.030 of the Farmersville Municipal Code pertaining to cannabis microbusinesses.

Documents: Ordinance 516
D. Declare vehicle as surplus and authorize its sale to the Exeter Ambulance District
Recommend that the Council declare as surplus a City owned 2000 Ford F150 VIN # 1FTRX17L7YNC02163 currently used by the Farmersville Fire Department and authorize its sale to the Exeter District Ambulance for $4,800.

Work Authorization and Task Order for Engineering and Survey Services in the amount of $146,500 for 2022/2023 Streets Projects Recommend that the City Council authorize the City Manager to sign QK's Work Authorization and Task Order in the amount of $146,500 for Engineering and Survey services for 2022/2023 Streets Projects.

Documents: QK Proposal
F. Work Authorization and Task Order for Farmersville Street Light Study in the amount of $46,100
Recommend that the City Council authorize the City Manager to sign QK's Work Authorization and Task Order in the amount of $46, 100 for Farmersville Street Light Study
Document: QK Proposal
Motion to approve items A-F.

Mayor Boyer abstained from warrants for Yarbs and Self Help Enterprises.

RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Valdovinos
SECONDER: Mayor Boyer
AYES: Boyer, Gomez, Valdovinos
ABSENT: Macareno
General Business
A. Public Hearing: Levy Assessments for Landscape & Lighting Districts for 2022/2023
Recommend that the City Council conduct the Public Hearing and adopt Resolutions 2022-022 through 2022-034 that accept the engineer's report and levy the assessments for Farmersville's Landscape and Lighting Assessment Districts.

Documents: Resolution 2022-022 through 2022-034
City Engineer Kevin Gross provided information regarding Assessments for Landscape and Lighting Districts.

Councilmember Gomez opened public hearing at 6:05 pm, and with no Comments given closed public hearing at 6:06 pm.

Motion to approve as presented.

RESULT: APPROVED (UNANIMOUS)
MOVER: Mayor Boyer
SECONDER: Councilmember Gomez
AYES: Boyer, Gomez, Valdovinos
ABSTAIN: Councilmember Macareno
B. Status on Installation of EV Charging Stations at City Owned Facilities
No action recommended.

City Manager Jennifer Gomez presented Council with information regarding the installation of EV Charging Stations.

Mayor Paul Boyer discussed the possibilities of different locations for charging stations. He recommended that we contact Edison for possible grants to assist with installation costs. He also would like to contact Self Help Enterprises to see if they would be interested in adding charging stations at existing buildings in the City. Mayor Boyer also inquired about getting private property owners to add charging stations at their locations.

Councilmember Gomez recommended charging stations at the City Museum location. He suggested contacting Token Farms and Valley Pure for possible charging locations at their businesses. Councilmember Gomez also stated to contact Tulare County Housing Authority to see if they would be interested in adding charging stations at current apartment locations.

9. Council Reports
A. City Council Updates and Committee Reports
Councilmember Macareno reported that he attended the State of County luncheon. He also requested that reflectors be added to the center median on Visalia Road.

Councilmember Gomez thanked City staff for all their hard work.

Mayor Boyer stated that he attended the State of County luncheon. He also thanked Public Works for the quick response from the County on repairing potholes. Mayor Boyer requested that potholes on E. Front St. be filled. Mayor Boyer would like a report from Public Works on the City's current water well levels. Finally, Mayor Boyer reported that at the July 22nd meeting of the Greater Kaweah Ground Water Sustainability Agency (GSA) that the board approved the submission to DWR of the amended draft Groundwater Sustainability Plan along with the amended Coordination Agreement with the East Kaweah and Mid Kaweah GSAs. This was the culmination of many discussions with DWR and the other two GAs in the Kaweah Subbasin, thus meeting the July 27th deadline required by DWR for the submission of the amended plan and agreement.

10. Staff Communications:

City Manager Jennifer Gomez stated to Council that the 2+2 meeting is on hold due to illnesses; Ms. Gomez is waiting on the School District to contact her with a meeting date. She also informed Council that our City Attorney would be giving a Brown Act training on August 29th at 5:30 pm.

Steve Huntley, Director of Finance & Administration, reported that Utility payments are back to normal, including shut-offs. He also stated that 100 Utility accounts have been set up with payment plans. He informed Council that the City has received $45,000 in back payment thus far. Mr. Huntley noted that CSET will host a Low Income Household Water Assistance Program (LIHWAP) event here at City Hall on August 10th and 31st.

City Engineer Kevin Gross reported that the 2022-2023 proposal for the Streets project has been completed.

Public Works Director Jeff Dowlen reported that Public Works has started filling potholes throughout the City. Mr. Dowlen also informed Council that he would report on the groundwater well levels at the next Council meeting. Lastly, he noted that a new pest control company is being considered to help with pest control at the parks.

Battalion Chief Jim Thomas informed the Council that he has a three-man crew at the Oak Fire.

11. Future Agenda Items

1. Amend Ordinance - Temporary Outdoor Use Permits

2. Reservations for Picnic Shelters

3. Joint Session with Planning Commission regarding Brown Act and Governance Basics
Councilmember Macareno requested a future discussion on creating a Recreation Division.

Councilmember Gomez requested a future discussion about expanding Liberty Park.

12. Adjournment:

Councilmember Gomez adjourned the meeting at 6:38 pm.

Respectfully submitted,
Rochelle Giovani
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: August 8, 2022
SUBJECT: Second Amendment to Lease Agreement with County of Tulare RECOMMENDED ACTION:

It is recommended that the Council approve the Second Amendment to Lease Agreement with the County of Tulare.

BACKGROUND and DISCUSSION:

On July 1, 2017, the City of Farmersville entered into a new lease agreement with the County of Tulare for 907 W. Visalia Road with a minor amendment on January 15, 2019, which are both attached for reference. The lease term expired on June 30, 2022, and the attached 2nd Amendment extends the term by 5 years effective July 1, 2022. The only other amendment to the agreement pertains to official Notices to the parties.

The ongoing relationship between the agencies have been positive with the County communicating with City staff on any improvements or maintenance needs. City staff does not foresee a need for this space in the next five years, so extending the lease term will be beneficial to both parties.

FISCAL IMPACT:

The rent is adjusted annually based on the Consumer Price Index and does not exceed an increase of 4%. The amount for the current fiscal year is $11,897.71 per month.

ATTACHMENT(S):
2^d Amendment to Lease Agreement No. 28371
1st Amendment to Lease Agreement No. 28371
2017 Lease Agreement
LEASE AGREEMENT FOR PROPERTY LOCATED AT 907 WEST VISALIA ROAD,

FARMERSVILLE, CA
This Lease Agreement (the "Agreement") is entered into on _ July 1 2017, between the CITY OF FARMERSVILLE referred to as "LESSOR", and the COUNTY OF TULARE, referred to as "LESSEE", who agree as follows:

1. LEASE. LESSOR leases to LESSEE, and LESSEE leases from LESSOR, the real property located at 907 West Visalia Road, Farmersville, County of Tulare, State of California, consisting of approximately 7,849 square feet of office space (the "Premises"), together with adjacent off-street parking for at least 80 vehicles. A floor plan is attached hereto as Exhibit A and incorporated by this reference.

2. TERM/EFFECTIVE DATE. The term shall be effective on July 1, 2017, the "Effective date," and terminate five (5) years thereafter. LESSEE will have the option and right to renew the lease for an additional five (5) year term upon the same terms and conditions by providing a written notice prior to the end of the term. During LESSEE's tenancy, LESSEE shall pay all rent required by this Agreement, and all other provisions of this Agreement shall remain in effect, unless and until such provisions are amended in writing by both Parties. This lease replaces the current rental agreement between LESSOR and LESSEE for the Premises (Tulare County Agreement No. 19836), which is in a month-to-month holdover status.

3. RENT. Except as otherwise provided herein, LESSEE shall pay to LESSOR monthly rent, without deduction, set off, prior notice, or demand the sum of TEN THOUSAND FIVE HUNDRED AND NINETY-EIGHT DOLLARS AND SEVENTEEN CENTS ($10,598.17) payable in advance on the first day of each month and continuing during any term. Rent shall be prorated for any partial month at the rate of 1/30"h of the monthly rent per day.

The rent shall be adjusted annually on the anniversary of the Effective date by the TULARE COUNTY AGREEMENT NO. 28371
1 amount of any change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all consumers, or by an increase of four percent (4%), whichever is less.

4. DELIVERING POSSESSION. On the effective date, the Premises shall be in good condition. LESSEE is currently in possession of the Premises, and LESSEE's continued possession of the Premises on the effective date shall constitute LESSEE's acknowledgment that, to the best of its knowledge, the Premises are in good condition.

5. USE. LESSEE shall use the Premises as office space for the County of Tulare.

LESSEE shall not use the Premises in any manner that will constitute waste or nuisance.

6. MAINTENANCE.
a. LESSOR will provide, at LESSOR's expense, all ongoing maintenance, preventative maintenance, repair, and upkeep of the Premises, including, but not limited to, the parking areas, sidewalks, grounds, building and improvements, and equipment and fixtures attached thereto. Such responsibility shall include, without limitation, the following:

The structural parts of the building and other improvements in which the Premises are located, which structural parts include the foundations, bearing and exterior walls, subflooring, and roof;
The exposed and unexposed electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems lying outside the Premises; ili. Window frames, gutters, and down spouts on the building and other improvements in which the Premises are located;
iv. Heating, ventilating, and air-conditioning systems (HVAC) servicing the Premises;
2 1. The HVAC shall be inspected at least once every twelve (12) months, and problems found during these inspections shall be corrected within thirty (30) days from discovery.

2. Inspections and maintenance of the HVAC system shall be documented in writing. LESSOR shall record the name of the individual(s) inspecting and/or maintaining the system, the date of any inspections and maintenance, and the specific finding and action taken. LESSOR shall ensure that the records are kept for at least five (5) years. v. Light fixtures and replacement bulbs;
Vi. Pest control;
vii. Fire Extinguishers and related signs;
vili. Grounds services.
b. LESSOR will be responsible for complying with all codes or laws requiring alterations, maintenance or restoration of the Premises and parking areas during the tenancy, at no cost to LESSEE, including all ADA Standards for Accessible Design requirements and codes requiring fire extinguishers or other fire suppression equipment and related signage. c. In case of emergency, LESSOR will take immediate steps to protect persons and property. If the LESSOR does not take the necessary steps, LESSEE will have the right to repair or contract to repair and to be reimbursed by LESSOR. If the full amount of the reimbursement is not delivered by LESSOR to LESSEE within ten (10) days after LESSEE's delivery to LESSOR of a written statement or bill evidencing the cost of the repair, LESSEE will have the right to deduct the cost of repair from subsequent monthly rent payments. d. Except for cases of emergency, LESSOR will make all repairs as soon as possible. In the event LESSOR does not make repairs referred to in a written notice from LESSEE to LESSOR within thirty (30) days after date of notice, LESSEE has the right to repair 3 or contract to repair and be reimbursed by LESSOR. If the full amount of the reimbursement is not delivered by LESSOR to LESSEE within ten (10) days after LESSEE's delivery to LESSOR of a written statement or bill evidencing the cost of the repair, LESSEE will have the right to deduct the cost of repair from subsequent monthiy rent payments.

7. ALTERATIONS. Except as otherwise provided, LESSEE shall not make any structural or exterior alterations to the Premises without LESSOR's consent, which consent shall not be unreasonably withheld; however, LESSEE shall have the right to make, with LESSOR's consent and without cost to LESSOR, nonstructural alterations to the interior of the Premises that LESSEE requires in order to conduct its operations on the Premises.

Upon termination of the tenancy, LESSEE shall have the right to remove from the Premises immediately before the termination of the tenancy, or within ten (10) days thereafter, any alterations LESSEE has made to the Premises, as long as the removal will not cause any structural damage to the Premises, and LESSEE at its cost promptly restores any damage caused by the removal.

8. MECHANICS LIENS. LESSEE shall pay all costs for construction done by it or caused to be done by it on the Premises, as permitted under this Agreement. LESSEE shall keep the building, other improvements, and land on which the Premises are located free and clear of all mechanics liens resulting from construction done by or for LESSEE.

9. DISCLOSURES. Prior to delivering possession of the Premises, and throughout the tenancy, LESSOR shall make any and all legally required disclosures to LESSEE, including, but not limited to, disclosures of hazardous substances or materials.

10. UTILITIES. LESSEE shall make all arrangements for, and pay for, all utilities and services furnished or to be used by LESSEE, including, without limitation, gas, electricity, water, trash collection, and all connection charges therefor. LESSEE shall furnish, at its own expense, 4 all interior janitorial services. LESSEE shall arrange for the installation of any and all telephones it shall require, and pay for any and all charges relating thereto.

11. INDEMNITY. To the fullest extent permitted by law, LESSEE will hold harmless, defend and indemnify LESSOR from and against any liability, claims, actions, costs, damages or losses and expenses for injury, including without limitation, the death of any person or damage to any property, resulting from the negligent or intentionally wrongful acts or amissions of LESSEE or LESSEE's officers, agents, employees and contractors with respect to the Premises. LESSEE's obligation will continue beyond the expiration or termination of this Agreement as to any act or omission which occurred during the term of this lease, or any renewal or holdover period.

To the fullest extent permitted by law, LESSOR will hold harmless, defend and indemnify LESSEE and its officers, agents, volunteers, contractors and employees from and against any liability, claims, actions, costs, damages, losses and expenses for injury, including without limitation, the death of any person or damage to any property; enforcement actions under California Prevailing Wage laws with respect to work done by LESSOR, or under other applicable statute or ordinance; or resulting from LESSOR's or LESSOR's agents', employees', or contractors, negligent or intentionally wrongful acts or omissions with respect to the Premises. LESSOR's obligation will continue beyond the expiration or termination of this Agreement as to any act or omission which occurred during the term of this lease, or any renewal or holdover period

12. INSURANCE.
a. LESSEE - LESSOR acknowledges and agrees that LESSEE is a self-insured entity, and waives any requirement that LESSEE procure and/or maintain third-party insurance of any kind, including liability and/or fire/extended coverage insurance. During the term of the 5 Agreement, the LESSEE must maintain self-insurance coverages outlined in Exhibit B, attached hereto and incorporated by reference.
b. LESSOR - LESSEE acknowledges and agrees that LESSOR is a self-insured public entity, and waives any requirement that LESSOR procure and/or maintain third-party insurance of any king, including liability and/or fire/extended coverage insurance. During the term of this Agreement, the LESSOR must maintain the self-insurance coverages outlined within Exhibit B.

13. DESTRUCTION. In the event the Premises, or the building or other facilities in which the leased space is located, is totally or partially destroyed by fire, earthquake, or other casualty so as to render such property unfit for LESSEE's use, in whole or in part, LESSEE shall be entitled to a reduction in the rental during the period that such part remains unrepaired or unrestored, in the proportion of the amount of floor space unfit for occupancy to the total floor space included in the lease; provided, however, that if it should reasonably appear that LESSOR cannot or will not restore or repair the Premises within ninety (90) days from the date of such damage, either Party shall be entitled to terminate the lease by giving the other Party notice in writing of intention to so terminate (10) days before the proposed date of termination.

14. CONDEMNATION. If, during the tenancy, there is any taking by condemnation of all or part of the building, other improvements, or the land of which the Premises are a part, or any interest in the tenancy, the rights and obligations of the Parties shall be determined as follows:
a. If the Premises are totally taken by condemnation, the tenancy shall terminate on the date of the taking, and LESSEE shall be entitled to a refund of any rent paid in advance;
b. If only a portion of the Premises is taken by condemnation, the tenancy shall remain in effect, except that: (i) the rent shall be reduced by an amount that is in the same ratio to monthly rent as the value of the area of the portion of the Premises taken bears to the total :
value of the Premises immediately before the taking; and (i) LESSEE may elect to terminate the tenancy by giving notice of same within ten (10) days of the date of the taking.

15. ASSIGNMENT. LESSEE shall not assign or encumber its interest in the tenancy, or sublease all or any part of the Premises, without the consent of LESSOR, which such consent shall not be unreasonably withheld

16. DEFAULT. The occurrence of any of the following shall constitute a default by LESSEE:
a. Failure to pay rent when due, if the failure continues for ten (10) days after notice has been given to LESSEE;
b. LESSEE's abandonment and vacation of the Premises;
c. Failure to perform any other provision of this Agreement if the failure to perform is not cured within a reasonable time after notice has been given of same to LESSEE.

Notices given under this section shall specify the alleged default and the applicable provisions of this Agreement, and shall demand that LESSEE perform the provisions within the applicable period of time, or quit the Premises.

The purpose of the notice requirements set forth in this section is to extend the notice requirements of the unlawful detainer statutes of California.

In the event of a default, the Parties shall have the remedies now or later allowed by law.

17. SIGNS. LESSEE may not install, or permit any other person to install, any sign, awning, canopy, marquee, or other advertising on any exterior wall, door, or window on the Premises without LESSOR's prior written consent, which consent shall not be unreasonably withheld. On the termination of the tenancy, LESSOR may remove and destroy any items which were permitted to be installed in accordance with the terms of this section. 7 18. LESSOR'S ENTRY ON PREMISES. LESSOR and its authorized representatives shall have the right to enter the Premises at all reasonable times, and after reasonable notice to LESSEE, for any of the following purposes:
a. To determine whether the Premises are in good condition and whether L.ESSEE is complying with the obligations under this Agreement; b. To do any necessary maintenance and to make any restoration to the Premises or the building and other improvements in which the Premises are located that LESSOR has the right or obligation to perform;
c. To serve, post, or keep posted any notices required or permitted under this Agreement;
d. To show the Premises to prospective brokers, agents, buyers, and prospective lessees at any time during the tenancy.

19. SURRENDER. On expiration or other termination of the tenancy, LESSEE shall surrender the Premises to LESSOR in good condition, ordinary wear and tear excepted.

LESSEE shall remove all its personal property, and shall perform all restoration made necessary by the removal of any alterations, fixtures, or signs.

20. HOLDING OVER. If LESSEE, with LESSOR's consent, remains in possession of the Premises after the expiration of the initial lease term or the renewal period, such possession shall be deemed to be a month-to-month tenancy terminable on thirty (30) days' notice given at any time by either Party, otherwise on the same terms and conditions provided for by this Agreement.

21. TERMINATION FOR CAUSE. Either Party may terminate this Agreement for cause upon ten (10) days' prior written notice to the other Party. For purposes of this section, "cause" 8 shall be defined as the failure of either Party to remedy any material breach of the Agreement within thirty (30) days' written notice of the breach.

22. REDUCTION OF LESSEE'S FUNDING. LESSOR expressly understands and agrees that LESSEE is dependent upon certain Federal and/or State funding to pay the rent provided in this Agreement. If such Federal and/or State funding is discontinued and/or reduced, LESSEE shall have the right to: (a) reduce the amount of office space occupied by LESSEE, or (2) terminate the tenancy under this Agreement upon not less than thirty (30) days' written notice.

In the event of a reduction in the amount of office space, the monthly rent shall be reduced by an amount equal to the ratio of the total remaining occupied office space in square feet divided by the total office space in square feet previously occupied by LESSEE.

23. SUCCESSORS. This agreement shall be binding on, and inure to, the benefit of the Parties, their successors and assigns, except as otherwise limited by this Agreement.

24. NOTICE. Any payment, notice, demand, request, consent, approval or other communication required or permitted under this Agreement shall be in writing and must be either delivered in person (during normal business hours) or sent by certified mail, postage prepaid, to the follow addresses:

LESSEE: With a Copy to:

Board of Supervisors Tulare County General Services
County of Tulare Attn: Property Management
2800 West Burrel Avenue 5953 South Mooney Boulevard.

Visalia, CA 93291 Visalia, CA 93277
559-636-5000 559-624-7227
559-624-1022 - Fax
LESSOR: With a Copy to:

City Manager Michael L. Farley, City Attorney

CITY OF FARMERSVILLE FARLEY LAW FIRM
909 West Visalia Road 108 West Center Avenue
9 Farmersville, CA 93223 Visalia, CA 93291
559-747-0458 559-738-5975
559-732-2305 - Fax
Notice shall be deemed communicated four (4) days from the time of mailing as provided in this section.

25. WAIVER. The failure of either Party to insist on strict compliance with any provision of this Agreement will not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either Party of either performance or payment will not be considered to be a waiver of any preceding breach of the Agreement by the other Party.

26. EXHIBITS. All exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

27. INTEGRATION. This instrument contains all the agreements of the Parties relating to the Premises and cannot be modified or amended except by a subsequent agreement in writing.

28. NO THIRD PARTY BENEFICIARIES. Unless specifically set forth, the Parties to this Agreement do not intend to provide any third party benefit or enforceable legal or equitable right or remedy.

29. GOVERNING LAW. This Agreement will be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles.

30. HEADINGS. Paragraph headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

31. INTERPRETATION. This Agreement reflects the contributions of both Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.
10 32. CONFLICT WITH LAWS OR REGULATIONS; SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision will be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party. In all other cases the remainder of the Agreement will continue in full force and effect.

33. AUTHORITY. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind, and if such Party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right to enter into this Agreement and perform all of its obligations hereunder.

34. EXECUTION BY COUNTERPARTS. This Agreement may be executed in two or more counterparts, and by facsimile, all of which shall be considered one and the same Agreement.
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THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

LESSOR

CITY OF FARMERSVILLE
APPROVED AS TO FORM:

Paul Bee. Moke Din astorn
By: _ 05-22-17
Paul Boyer, Mayor (date) City Attorney or Deputy (date) ATTEST:
05-2147
By Cry Clerk or Deputy
(date)
LESSEE

COUNTY OF TULARE
By:

Chairman, Board of Supervisors
ATTEST: MICHAEL C. SPATA
County Administrative Office / Clerk of
le boarg of Supervisor
Approved as to form:

County Counsel
Debut County counsel plac
Matter # 2017811
12 EXHIBIT A
907 West Visalia Road, Farmersville
Premises
:. FAEMERSVILE
CENTEA :::
torpice jamaice - "OFFICE OFFICE
OFFICE cFficE.

DREN
GENCE
LOEsY
RECEPTint
CÚNFERENICE ZODi ELASSROOM

EXHIBIT B

CITY OF FARMERSVILLE

INSURANCE REQUIREMENTS
Each Party shall procure and maintain insurance or shall self-insure for the duration of this greement against claims tor injuries to persons and damage to property which may aris rom, or in connection with, their performance under the Agreement, their agents A. Minimum Scope & Limits of Insurance

1. Insurance Services Office Commercial General Liability coverage of $1,000,000 combined single Limit per occurrence (occurrence Form ČG 00 01). If an annual aggregate applies it must be no less than $2,000,000.

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, (any auto) of $1,000,000 per occurrence. If an annual aggregate applies it must be no less than $2,000,000.

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. LESSOR shall carry Property Insurance against all risks of loss on all real property being leased, that the LESSOR owns including improvements and betterment. Limits of full replacement cost with no coinsurance provision.

B. Specific Provisions of the Certificate

1. The General Liability policies must contain the following provisions. a. LESSEE shall include Lessor, its officers, agents, officials, employees and volunteers as additional insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the LESSEE.
b. For claims related to this lease, the LESSEE's insurance coverage shall be primary insurance as respects the LESSOR, its officers, agents, officials, employees and volunteer and shall be at least as broad as ISO CG 20 01 04 13. Any insurance or self-insurance maintained by the LESSOR, its officers, agents, officials, employees or volunteers shall be excess of the LESSEE's insurance and shall not contribute with it.
c. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be canceled, except after prior written notice has been provided to the other Party.

2. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the each party for all work performed by the other party, its employees, agents and subcontractors:
a. Waiver of Subrogation (in favor of LESSEE). The workers' compensation policy shall be endorsed with a waiver of subrogation in favor of the County for all work performed by the LESSOR, its employees, agents and subcontractors. LESSOR waives all rights against the County and its officers, agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employers liability.
b. Waiver of Subrogation (in favor of LESSOR). The workers' compensation policy shall be endorsed with a waiver of subrogation in favor of the LESSOR for all work performed by the LESSEE, its employees, agents and subcontractors. LESSEE waives all rights against the LESSOR and its officers, agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employers liability.

Deductibles and Self-Insured Retentions
Self-insured retentions must be declared and the COUNTY Risk Manager must approve any deductible or self-insured retention that exceeds $100,000.

D. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-: VIl and a Standard & Poor's Rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to approval by the Risk Manager of the other party.

E. Verification of Coverage
Prior to approval of this Agreement by the LESSEE, the LESSOR shall file with the Clerk to the Board of Supervisors, certificates of insurance with origina endorsements effecting coverage in a form acceptable to the LESSEE Endorsements must be signed by persons authorized to bind coverage on behalf of the insurer. The LESSEE reserves the right to require certified copies of all required insurance policies at any time. Upon request by LESSOR, LESSEE shall provide Rev. 6/17
1st AMENDMENT TO LEASE AGREEMENT NO. 28371
This Amendment to Agreement sentered into as or Anuary 15. 20%%, between the CITY OF FARMERSVILLE, referred to as "LESSOR" and the COUNTY OF TULARE, referred to as "COUNTY" with reference to the following.

A. LESSEE and LESSOR heretofore entered into Tulare County Agreement No. 28371 on July 1 2017, pertaining to the lease of real property at 907 W. Visalia Rd., City of Farmersville, County of Tulare, State of California.

B. The parties desire to correct the square footage amount leased and to clarify the payment of utilities.

ACCORDINGLY IT IS AGREED as follows:

1. Paragraph 1 of Tulare County Agreement No. 28371 is amended as of the date this amendment to lease is entered into to read, in full, as follows: LEASE:

LESSOR leases to LESSEE, and LESSEE leases from LESSOR, the real property located at 907 W. Visalia Rd., Farmersville, State of California, consisting of approximately 7,850 square feet of office space (the "Premises"), together with adjacent off-street parking for at least 80 vehicles. A floor plan and aerial image is attached hereto as Exhibit A and incorporated by reference.

2. Paragraph 10 of Tulare County Agreement No. 28371 is amended as of the date this amendment to lease is entered into to read, in full, as follows: UTILITIES:

LESSEE shall pay LESSOR THIRTY FOUR PERCENET (34%) of the monthly utility bills, representing the pro-rated share of the square footage of the site used by LESSEE, for all utilities furnished to LESSEE, including, without limitation gas, electricity, water, sewer, trash collection, and all connection charges arising from the aforementioned utilities. LESSEE shall furnish, at its own expense, all interior janitorial services. LESSEE shall arrange for the installation of any and all telephones it shall require, and pay for any and all charges relating thereto.

Tulare Co. Agreement No

TULARE COUNTY AGREEMENT NO.2837I-A
Except as amended, all other terms and conditions of the agreement shall remain in full force and effect.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below:

LESSOR

CITY OF FARMERSVILLE
APPROVED AS TO FORM:
nels ensuaser 11/20/2018
By: - By:

Paul-Boyer Keyer. (date) City Attorney or Beputy (date) ATTEST:
or hostell seen 4p0/208
dity Clerk or Deputy
LESSEE

COUNTY OF TULARE
The Crocke
By:

Chairman, Board of Supervisors
ATTEST: JASON T. BRITT OF SUR
County Administrative Office / Clerk of
the Board of Supervisors
Mered flame
Approved as to form:

County Counsel
By:

Députy County Counsel
20181938 12/31/18 Page 2 of 4

EXHIBIT A
907 West Visalia Road, Farmersville
Premises
3311

FARMERSVIUS
civle CENTEM!
- brata oreice! : affcE :

OFFICE
oricá. POERiCE OFPICE

SERVERE
Eger
woMeni's
Batikao orrce oom OFEIÇE
LOEBY
RECEPTaN
TORAGC
'CONFERENTE ROOM CLASERIOM

LIERARY
Floor Plan

Parking Area
Office Space
salia
Aerial

2nd AMENDMENT TO LEASE AGREEMENT NO. 28371
This Amendment to Agreement (this AMENDMENT") is entered into as of _. 2022, between the CITY OF FARMERSVILLE, a California Municipal Corporation, referred to as "LESSOR" and the COUNTY OF TULARE, a political subdivision of the State of California, referred to as "COUNTY" with reference to the following:

A. LESSEE and LESSOR entered into Tulare County Agreement No. 28371 on July 1, 2017, pertaining to the lease of real property at 907 W. Visalia Rd., City of Farmersville, County of Tulare, State of California (the "LEASE".) B. On January 15, 2019, the LEASE was amended to correct the square footage of the Premises and to clarify the payment of utilities.

C. The current lease term expired on June 30, 2022. The parties now desire to amend the LEASE to extend the term by five (5) years effective July 1, 2022.

ACCORDINGLY, IT IS AGREED as follows:

1. Paragraph 2 of the LEASE is amended as of the date this AMENDMENT is entered into to read, in full, as follows: TERM/EFFECTIVE DATE: The term shall commence on July 1, 2022 (the "Effective Date") and expires five (5) years thereafter on June 30, 2027 (the "Expiration Date").

2. Paragraph 24 of the LEASE is amended as of the date of this AMENDMENT is entered into to read, in full, as follows: NOTICES. Any notice, consent, request, demand, or other communication required or permitted under this Lease shall be given in writing in one or more of the ways described below and shall be deemed effective if provided as follows: (i} by personal delivery, which shall be effective on personal delivery to the recipient; (i) by first-class mail to the recipient at its address set forth below, which shall be effective 3 mail- delivery days after deposit in a United States Postal Service office or mailbox; (iii) by certified mail, return receipt requested, to the recipient at its address set forth below, which shall be effective on delivery, provided that delivery is confirmed by a return receipt; (iv) by overnight delivery by Federal Express/United Parcel Service or other nationally or regionally recognized overnight carrier with charges prepaid or charged to the sender's account, to the recipient at its address set forth below, which shall be effective on delivery, provided that delivery is confirmed by the delivery service; (v) by email transmission to the recipient at its e-mail address set forth below, using an established provider of registered e-mail services with headquarters in the United States that furnishes unmodifiable proof, (x} that the message was sent, (y} that the message was delivered to the recipient's e-mail server, and (z) of the time and date the message was delivered to the recipient, along with a verifiable electronic record of the content of the message. Any notice given by e-mail shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a nonbusiness day. The Parties' addresses for purpose of giving notice under this Agreement are as follows. Any Party may change its address or email address by giving the other Party notice of the change in any manner permitted by this Agreement.

LESSEE: With a Copy to:

Through November 2022 send to: Tulare County General Services Tulare County Board of Supervisors Attn: Property Management 2500 West Burrel Ave, Suite B-1 2637 W. Burrel Ave., Suite 200 Visalia, CA 93291 Visalia, CA 93291
(559) 205-1100
After November 2022 send to: [email protected] Clerk, Tulare County Board of Supervisors
County Administration Building
2800 West Burrel Avenue
Visalia, CA 93291
(559) 636-5000
LESSOR:

City Manager
City of Farmersville
909 West Visalia Road
Farmersville, CA 93223
(559) 747-0458
[email protected]
2 Except as amended, all other terms and conditions of the LEASE shall remain in full force and effect.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below:

LESSOR

CITY OF FARMERSVILLE
APPROVED AS TO FORM:

By: By:

Mayor (date) City Attorney or Deputy (date)
ATTEST:

By:_
City Clerk or Deputy (date)
LESSEE

COUNTY OF TULARE
By:

Chair, Board of Supervisors
ATTEST: JASON T. BRITT
County Administrative Office / Clerk of
the Board of Supervisors
By:

Approved as to form:

County Counsel
By:

Deputy County Counsel
Matter ID: 2022776
3 EXHIBIT A
907 West Visalia Road, Farmersville
Premises
320
Parking Area
Office Space
907 W. Visalte Rd,, Fuumservill:

ГЕ-

CITY OF

FARMERSVILLE
City Council
Staff Report 7C
TO: Honorable Mayor and City Council
FROM: Jay Brock, Police Commander
DATE: August 8, 2022
SUBJECT: Declaration of property as surplus and disposition of the surplus property (vehicles) RECOMMENDED ACTION:

Declare two Police Department vehicles and one Fire Department vehicle as surplus and authorize staff to move forward with disposition of surplus property as listed.

BACKGROUND:

The Farmersville Police Department has two patrol vehicles, and the Fire Department has one vehicle that have reached the end of their usable life cycle or are no longer being utilized and are ready for disposition.

Property information is as follows:
2011 Dodge Charger VIN: 2B3CL1CT6BH552053 Miles: 116,102 2011 Dodge Charger VIN: 2B3CL1CT4BH552052 Miles: 125,130 1991 Beck Fire Apparatus VIN: 11VVB8642LA000031 Miles: 52,964 DISCUSSION:

The Farmersville Police Department has two vehicles that have reached the end of their usable life for the police department and are ready for final disposition. In addition, the Fire Department has one vehicle that is no longer in service. Under Farmersville Municipal Code 3.16.120 - Surplus Supplies and Equipment, Council must designate these vehicles as surplus and 1 authorize disposition of the vehicles. The vehicles, designated, will be auctioned using a service that specializes in disposition of surplus municipal equipment.

COORDINATION & REVIEW:

City Finance and Administration have been provided the information for review.

ALTERNATIVES:

None presented.

FISCAL IMPACT:

No negative fiscal impact and potential revenue may be realized from the proceeds of the sale of the surplus vehicles.

CONCLUSION:

Staff recommends that Council declare the aforementioned vehicles as surplus and authorize the disposition of these three surplus vehicles through the established means and practices and as directed by Council.
2 CITY OF

FARMERSVILLE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: August 8, 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 technoloav as lona as there is a ".
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

HAT OU CAROUSAN

AUTHENTICATED

LECTRONIC LEGAL MATERIAL
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:
(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 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 hat notice and accessibility requirements are met, the public members ar illowed to observe and address the legislative body at the meeting, and tha a legislative body of a local agency has a procedure for receiving and swiftly 92 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 mposed by the Ralph M. Brown Act when a legislative body of a loca gency 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 of the meeting and post agendas, as described, to allow members of the ublic to access the meeting and address the legislative bodv. to give notice f the means by which members of the public may access the meeting anc 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 broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period 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 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 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 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 publi and all persons be permitted to attend any meeting of a state body. The ac requires at least one member of the state body to be physically present at the location specited 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 willy resolvini requests for seasonable as a proodario for individan 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 accessibl 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 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 —4—
make public accessible telephonically, or otherwise
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 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, 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 teleconferencing pursuant to this section, all requirements in this article the leis the physical presence ole, as a thien or pother person in of the legislative body, or the public,
quorum for a public meeting, are hereby suspended.
(2) For a legislative
eleconterencing pursuant to this section, :
in this article are suspended:
(A) Each teleconference location
party pach in pondence logo on eide me he will be
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 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 ıllows members of the public to observe and address the meeting elephonically 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 need 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 teleconterencing 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 comment, pursuant to paragraph (2) of subdivision (e).
body that holds a meeting through teleconferencing pursuant to this section (1) Give advance notice of the time of, and post the agenda for, each ublic meeting according to the timeframes otherwise prescribed by thi urticle, and using the means otherwise prescribed by this article, a 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 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 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
SEC. 2. Section 11133 is added to the Government Code, to read:
(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state (b) (1) For a state body holding a public meeting
teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(4) For a state body holding a public meeting through teleconferencing ursuant to this section, all of the following requirements in this article are 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 -(a) A state body that nods a mf the meugh teleconferencing and allow:
nembers of the public to observe and address the meeting telephonicall 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.
1) II a state body holds a meeting through teleconterencing pursuant is section and allows members of the public to observe and address th meeting telephonically or otherwise electronically, the state 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 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 (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, 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 he means by which members of the public may observe the meeting and fier 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 (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 he legislative body of a local agency in connection with any meeting o roceeding authorized by law. The teleconferenced meeting or proceedin 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 al purposes in connection with any meeting within the subject matte jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
it shall post agendas at all
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. ] 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.
(2) The legislative body of a local agency shall publicly report any actior 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 defined in subdivision (d) of Section 3511.1, during the 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 Ac (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.
92 Ch. 165
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) ot subdivision (b), it a health authority conducts a teleconterence meeting, members who are outside the jurisdiction of the authority may be counted establishment of a quorum when participating in the
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 all 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, 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 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:
nergencv. a
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 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. 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 agenda shall identify and include an opportunity for all persons to attend via a call-in opuon 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 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 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 plattorm, 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) (1) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has (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. 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 o continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after eleconferencing for the first time pursuant to subparagraph (A), (B), or (C 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.
(1) The taf the following coumstances existly 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 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 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 he legislative body of a local agency in connection with any meeting or roceeding 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) 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.
) It the legislative bodv ot a local agency elects to use teleconterencin shall post agendas at all teleconference locations and condu 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 92 Ch. 165 - 12 -
shall participate from locations within the boundaries of the territory over 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 (c) (I) No legislative body shall take action by secret ballot, whether preliminary or final.
taken The te sle or body of a at at acy shal pachi me negor 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 loca 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), 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 participating in the teleconterence it 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 subiect to all 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, 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 advisor 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 it 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:
measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emer on ly for the purpose of item person by mid present in winth 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 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.
( The legislative body shall conduct teleconference meetings in nanner that protects the statutorv and constitutional rights of the nartie 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 or (E) The legislative body shall not require public comments to b submitted in advance of the meeting and must provide an opportunity fo 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 agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has (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. (111) 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) ot 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).
(t) This section shall remain in effect only until January 1, 2024, and as 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 (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 ne legislative body ot a local agency in connection with any meeting o roceeding authorized by law. The teleconferenced meeting or proceedins shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or (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. ] 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 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 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 allect 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, 92 Ch. 165 - 16—
members who are outside the jurisdiction of the authority may be counted oward the establishment of a quorum when participating
teleconterence it 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 allow 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 whicl i quorum is established pursuant to this subdivision shall be subject to 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, 4001.30, and 14081.9605 of the Weltare and Institutions Code, any join owers authority created pursuant to Article 1 (commencing with Sectio 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. 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 (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 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 proceedin During the teleconference location shall be accessible to the public. 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 ibdivision (d). The agenda shall provide an opportunity for members c le public to address the legislative bodv directiv 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.
2) The legislative body of a local agency shall publicly report any actior aken and the vote or abstention on that action of each member present for the 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 (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 participating in the teleconterence 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 or near the is ridicion the an or tia seleconference meeting for bach other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity Cate pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, , 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. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and 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 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative 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 teleconterencing 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 public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state 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 preterence 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 meetings 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. 92 CITY OF

FARMERSVILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: August 8, 2022
SUBJECT: AB 2183 (Stone) Agricultural Labor Relations Voting Choice Act RECOMMENDED ACTION:

It is recommended that the City Council provide direction and action regarding support of AB 2183.

BACKGROUND and DISCUSSION:

From August 3° to August 26'h hundreds of farm workers organized by United Farm Workers Foundation (UFW) are marching from Kern County to the State Capitol urging the Governor to sign AB 2183 (Stone): Agricultural Labor Relations Voting Choice Act. A Fact Sheet prepared by the Office of Assemblymember Mark Stone is attached for your reference.

The purpose of AB 2183 is to allow farm workers to vote by mail or to drop off a ballot card to the Agricultural Labor Relations Board office for the purpose of any union elections. Currently they are required to vote in person, so this bill would expand their voting options. This bill is heavily supported by organized labor groups as they assert it will facilitate participation in farm worker unionization elections. Opposition comes from agricultural business interests and chambers of commerce as they view mail balloting could be easily manipulated in this specific context. The City Manager made further inquiries with the League of California Cities, but they have not taken a position on this bill as it does not have a direct impact on cities.

The UFW has requested a statement from the City of Farmersville supporting their march and AB 2183. Therefore, staff is seeking direction and action regarding the Council's position on this request.

FISCAL IMPACT:

Not applicable
ATTACHMENT(S):

AB 2183 Fact Sheet
AB 2183 Stone)
Mark Stone
Agricultural Labor Relations Voting Choice Act
SUMMARY their ballot in the event that there is a discrepancy in a voter's signature.

This bill amends the Agricultural Labor Relations
Act to facilitate the ability of farmworkers to vote The changes were made based on the simple for or against unionization. The bill expands voting premise that facilitating the exercise of an existing options for farmworkers by allowing them to right is inherently a good thing to do. choose if they want to vote at a physical location,
This bill applies that same principle and extends
or vote by mailing or dropping off a representation
similar opportunities to farm workers as they
ballot card to the Agricultural Labor Relations
exercise their longstanding right to vote in a union
Board (ALRB) office. Farmworkers would be able to
representation election.
receive assistance in filling out and returning their
representation ballot card as long as the person Nothing in this bill diminishes the current authority assisting them co-signs it, and it is returned to the of the ALRB to invalidate an election on the basis of ALRB office in a sealed and signed envelope. misconduct by any party.

EXISTING LAW SOLUTION
Under the 1975 Agricultural Labor Relations Act, Modernizing the Agricultural Labor Relations Act to farm workers have the right to choose whether allow for ballot card elections facilitates they want to be represented by a union. This farmworkers' ability to exercise their right to vote representation election is held via secret ballot at a for or against union representation. This bill would polling place designated by the ALRB, which is amend the law to allow farmworkers to vote using usually at the place of employment. a representation ballot card.

In a representation election, farmworkers present Each representation ballot card will include space their identification card or check stub, receive a for all of the following information:
ballot and cast a confidential vote for or against • A statement that the employee signing it unionization. If the eligibility of the voter is wishes to have a specified labor questioned, the ballot is placed in a sealed organization as the employee's collective envelope and submitted to the ALRB for review. bargaining representative BACKGROUND : The name of the labor organization.

The name of the agricultural employer or
The Legislature has enacted a series of changes to farm labor contractor used by the facilitate the exercise of the right to vote. Those agricultural employer. changes give Californians a variety of means for The employee's name, signature and date. •
casting their votes including voting by mail, dropping • The signature of the person witnessing that off ballots at multiple locations, allowing someone the employee signed the ballot card or else to mail or deliver their ballot, allowing others to assisting them in filling out the ballot card, assist voters in completing their ballot, and curing or both.

Office of Assemblymember Mark Stone, AD 29 - 1
In these elections, the ALRB will be responsible for
issuing the ballot cards. The ALRB will also be
responsible for receiving all ballot cards at the
ALRB office.

After the election, the ALRB will determine the
results, and will verify the validity of the election
received a majority of votes, or whether a majority
did not want a union. Board agents will determine
whether the union received a majority of votes, or
whether the majority voted for no union. The ALRB
is responsible for certifying a labor organization as
the bargaining representative once they have
received both a petition from the organization, and
signed ballot cards from more than 50% of the
current eligible employees.

Both the union and the employer have the option
to challenge the outcome of the election. Any
objections may result in an investigative hearing
which could either lead to the setting aside of the
election, or certification of the election results.

SUPPORT
United Farm Workers (UFW) (sponsor)

STAFF CONTACT
Sean Porter
Office of Assemblymember Mark Stone
(916) 319-2029
[email protected]
Office of Assemblymember Mark Stone, AD 29 - 2