Agenda — Farmersville City Council, January 9, 2023

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, January 9, 2023 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, 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: 84079150477
Password: 363025
Call to Order:

Roll Call:

Invocation:

4. 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:

A. Presentation to Farmersville Youth Football Junior Division

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
Minutes of Regular City Council Meeting of December 12, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of December 12, 2022
B. Approve Resolution 2023-001 Authorized Signers on the City's Bank Accounts
Recommend that the City Council review and approve Resolution 2023- 001, updating the authorized signers on the City's banking accounts.

Documents: Resolution 2023-001

8. General Business
A. Public Hearing: General Plan Amendment/Zone Change 2022-04 (Camarillo)
Recommend that the City Council conduct a public hearing and vote to approve the request by:

1. Adopting Resolution 2023-002 approving the General Plan Amendment (from "General Commercial" to "Medium-High Density Residential") and adopting a Notice of Exemption as the environmental finding for the request; and

2. Introduce and waive the first reading of Ordinance 518 approving the zone change for the site from "CG" (General Commercial) to "RM-2.5" (Multi- Family Residential).

Documents: Resolution 2023-002
Ordinance 518
B. Citrus Avenue Connection Feasibility Study
Recommend that the City Council review the Study and provide direction to staff as to whether to include the project in the Capital Improvement Plan.

Documents: Citrus Avenue Connection Feasibility Study
C. Discussion on Non-Store Front Cannabis Retailers - Deliveries Only Recommend that the City Council provide direction on whether to amend the City ordinance related to cannabis retailers and allow delivery-only businesses in addition to the 3 store-front businesses already permitted.

D. Discussion regarding a Recreation Division
Recommend that the City Council provide direction to either discuss further at the next Strategic Planning Session or take no further action.

E. Farmersville Blvd. Speed Study
Recommend that the City Council review the Farmersville Blvd Engineering and Traffic Survey Memorandum and accept the 50-mph recommended speed zone for Farmersville Blvd between Noble Ave and Walnut Ave.

Documents: Farmersville Blvd Engineering and Traffic Survey Memorandum and Survey Sheets
F. AB 361 and Teleconferenced Meetings
Recommend that the City Council provide findings and direction regarding AB 361 related to teleconference meetings.

Documents: AB 361

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. Expansion of Liberty Park

4. Ad Hoc Committee for Pedestrian Safety

12. Adjourn to Closed Session:

A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative:

Jennifer Gomez, Steve Huntley, Teqia Velyines, and Michael Schulte
Employee organization:

Miscellaneous Employees
Police Officers Association
International Brotherhood of Teamsters Local 517
Mid-Management Employee Association
Department Heads

13. Reconvene to Open Session:

14. Closed Session Report (if any):

15. Adjournment:

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

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

Drafted by: J. Gomez
Strong Roots..... Growing Possibilities

CITY OF

FARMERSVILLE
Farmersville City Council
Regular Meeting
Paul Boyer, Mayor
Tina Hernandez, Mayor Pro Tem Monday, December 12, 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
Armando Hinojosa, Council Member Elect
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: 87520384318
Password: 840762
Call to Order: 6:00 pm
Roll Call:

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

3. Invocation: Mayor Pro Tem Hernandez

4. Pledge of Allegiance: Councilmember Macareno

5. Public Comment:

Tulare County Supervisor Larry Macari congratulated new Councilmembers.

6. Presentations:

A. Presentation to Council Member Ruben Macareno
Councilmembers presented Councilmember Ruben Macareno with a plaque for his dedication and hard work during his term in office.

B. Introduction of Sergeant Jake Tormohlen and Police Officer Ernesto Mendoza-Sanchez
Police Chief Mario Krstic presented Sergeant Tormohlen and Police Officer Mendoza-Sanchez. Chief Krstic gave a brief background for each officer.

Sergeant Tormohlen and Officer Mendoza- Sanchez were each pinned by a family member.

7. Consent Agenda:

A. Minutes of Regular City Council Meeting of November 14, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of November 14, 2022
B. Finance Update for October and November 2022: Warrant Register and Investment Summary
Recommend that the City Council:

1. Approve the Warrant Register as presented for the period. This reporting period represents warrants issued for the current Fiscal Year (2022/2023);

2. Accept the Investment Summary as presented for the period. This reporting period represents investment summary for October and November 2022.

Documents: October 2022 Warrant Register
Investment Summary October 2022
November 2022 Warrant Register
Investment Summary November 2022
c. Request by Applicant for Special Event Funding for Fiscal Year 2022- 23 Recommend that the City Council review and approve a request from Farmersville Youth Baseball League in the amount of $1,100.

Documents: Event Funding Application
D. Letter of Support for Oxitec and Delta Mosquito & Vector Control District
Recommend that the City Council approve the Letter of Support.

Documents: Memo from Oxitec and Delta MVCD
Factsheet
Letter of Support
E. Task Order with QK to Provide Professional Services for the Fire Station Design-Build Statement of Qualifications and Request for Proposals in the amount of $124,600
Recommend that the City Council approve the Task Order with QK to provide professional services for the Fire Station Design-Build Statement of Qualifications and Request for Proposals in the amount of $124,600.

Documents: Proposal & Task Order
Item D was pulled by a representative from Oxitec.

Motion to approve items 7 A-C, and E.

Result: Approved (Unanimous)
Mover: Councilmember Gomez
Seconder: Councilmember Valdovinos
Ayes: Boyer, Hernandez, Gomez, Valdovinos, Macareno

Absent: none
General Business
A. Adopt Resolution 2022-039 Declaring Canvass of Returns and Statement of the Election Results
Recommend adopting Resolution 2022-039.

Documents: Resolution 2022-039
City Manager Jennifer Gomez presented Council with the Certification of Elections results from Tulare County Registrar of Voters. She also informed Council that resolution 2022-039 needs to be approved before elected officials can be sworn into office.

Motion to approve as presented.

Result: Approved (Unanimous)
Mover: Councilmember Valdovinos
Seconder: Councilmember Gomez
Ayes: Boyer, Hernandez, Gomez, Valdovinos, Macareno

Absent: none
B. Administer Oaths of Office to Paul Boyer, Tina Hernandez, and Armando Hinojosa
City Clerk Rochelle Giovani administered the Oath of Office to Paul Boyer, Tina Hernandez and Armando Hinojosa. Once the Oath was complete new • Councilmembers took their seats at the dais.

Reorganization of the City Council - Selection of the Mayor and Mayor Pro Tem
Recommend nominating and appointing members to the positions of Mayor and Mayor Pro Tem.

Council opened the vote for the reorganization of the City Council.

Result: Approved (Unanimous)
Mover: Councilmember Gomez
Seconder: Mayor Boyer
Ayes: Boyer, Hernandez, Gomez, Valdovinos, Hinojosa

Absent: none
Councilmembers Hernandez and Valdovinos were nominated for Mayor.

With a 5-0 vote Mayor Pro Tem Tina Hernandez was appointed Mayor.

Councilmember Hernandez nominated Danny Valdovinos as Mayor Pro Tem.

With a 5-0 vote Councilmember Valdovinos was appointed Mayor Pro Tem.

D. City Council Committee Appointments
Recommend that City Council review and appoint City Council Members or staff as representatives to committees and organizations.

Council made the following appointments:

Tulare County Association of Governments (TCAG):

Reviews transportation related projects and funding opportunities for the 8 cities and the County of Tulare. Meets 3d Monday every month at 1:00pm.

Rep: Council Member Boyer
Alternate: Mayor Hernandez
Council of Cities:

Representatives from the 8 cities meet to discuss mutual issues and concerns.

Meets 3rd Wednesday every other month at 4:00pm.

Rep: Mayor Hernandez
Alternate: Council Member Gomez
Delta Vector Control Board (Mosquito Abatement):

A special district charged with protecting the public from mosquito-borne diseases and mosquito nuisances.

Meets 2nd Wednesday of every month at 4:30pm.

Rep: Council Member Gomez
City Home Loan Approval Committee:

Reviews loan applications for the City's First time Homebuyer and Rehab Programs.

Meets as needed.

Rep: Mayor Hernandez
Mayor Pro Tem Valdovinos
San Joaquin Valley Air Pollution Control District - Special City Selection Committee
Committee makes appointments of city representatives to the Governing Board.

The San Joaquin Valley Air District is a public health agency whose mission is to improve the health and quality of life for all Valley residents through efficient, effective and entrepreneurial air quality management strategies.

Meets as needed.

Rep: Council Member Gomez
Alternate: Mayor Hernandez
Kaweah Integrated Regional Water Management Group:

Manages all aspects of water resources in the Kaweah River Basin Region.

Meets as needed.

Rep: Council Member Boyer
Alternate: Mayor Hernandez
Rural Communities Committee of the Greater Kaweah Ground Water Sustainability Agency:

Intent of Greater Kaweah GSA is to comply with the 2014 Sustainable Groundwater Management Act.

Committee meets quarterly and GSA meets 2nd Monday of the month at 1:00pm.

Rep: Council Member Boyer
Alternate: Mayor Hernandez
Homelessness Task Force (appointment approved by Tulare County Supervisors)
Purpose is to advise and assist the Tulare County Health & Human Services Agency in the Agency's efforts to address homelessness issues affecting the community and to report to the Tulare County Board of Supervisors on a periodic Meets 3rd Wednesday every month at 1:30pm.

Rep: Council Member Hinojosa (term ends 01/01/25)
Alternate: Mayor Pro Tem Valdovinos (term ends 01/01/25) Event Funding Committee (appointment made by Mayor and approved by Council)
Reviews and makes recommendations to the City Council on applications received requesting city funds for community events and activities.

Meets as needed.

Rep: Council Member Gomez and Mayor Pro Tem Valdovinos
Tulare County Regional Transit JPA
Rep: Council Member Gomez
Alternate: Council Member Hinojosa
Tulare County Economic Development EDC
Rep: Council Member Boyer
Alternate: Mayor Hernandez
E. AB 361 and Teleconferenced Meetings
Recommend that the City Council provide findings and direction regarding AB 361 related to teleconference meetings.

Documents: AB 361
City Manager Jennifer Gomez reviewed and discussed the Emergency Declaration with Council. City Attorney Michael Schulte advised Council to Continue with AB 361. Mr. Schulte also informed the Council that after the first of the year, the Governor would review AB 361 and possibly give Cities options to continue teleconferencing.

Motion to approve as presented.

Result: Approved (Unanimous)
Mover: Mayor Pro Tem Valdovinos
Seconder: Councilmember Gomez
Ayes: Boyer, Hernandez, Gomez, Valdovinos, Hinojosa
F. Handbook of Rules and Procedures of the Farmersville City Council Recommend that the City Council adopt the Handbook of Rules and Procedures of the Farmersville City Council by Resolution 2022-038.

Documents:

1. Handbook of Rules and Procedures of the Farmersville City Council

2. Resolution 2022-038
City Manager Jennifer Gomez provided updated information regarding the Handbook of Rules and Procedures. She briefly went over the few changes that were made.

Councilmember Boyer requested that the Handbook of Rules be posted on the City website.

Motion to approve as presented.

Result: Approved (Unanimous)
Mover: Councilmember Boyer
Seconder: Councilmember Gomez
Ayes: Boyer, Hernandez, Gomez, Valdovinos, Hinojosa

Absent: none
G. Addition of a Second Code Enforcement Officer Position by Budget Amendment #1, Resolution 2022-040
Recommend that the City Council amend the Fiscal Year 2022-23 Budget to allow for a second Code Enforcement Officer position by Budget Amendment #1, Resolution 2022-040.

Documents: Resolution 2022-040
City Manager Jennifer Gomez presented Council with the possibility of adding a second Code Enforcement Officer. Ms. Gomez discussed the increasing compliance demands and mandates from the State, such as SB1383, ongoing groundwater, and drought restrictions. The need for Code Enforcement will only increase in the coming years. Ms. Gomez also informed the Council that this position could conduct inspections with the Fire Department.

Councilmember Boyer would like staff to explore the city's options for purchasing a new Code Enforcement vehicle.

Councilmember Gomez and Mayor Pro Tem Valdovinos requested that Code Enforcement work weekends.

Councilmember Hinojosa would prefer the funds go toward a Park and Rec Department.

Motion to approve as presented.

Result: Approved (Unanimous)
Mover: Councilmember Gomez
Seconder: Mayor Pro Tem Valdovinos
Ayes: Boyer, Hernandez, Gomez, Valdovinos
Noes: Hinojosa

Absent: none

10. City Council Updates and Committee Reports
Mayor Pro Tem Valdovinos thanked staff for attending the Christmas Tree Auction.

Councilmember Gomez attended the Tulare County Regional Transit meeting, demand-response and dial-a-ride services was discussed.

Councilmember Boyer thanked staff for attending the Christmas Tree Lighting ceremony. He also thanked the staff for attending the Christmas Tree auction.

Mr. Boyer attended the Greater Kaweah Ground Water meeting, where they discussed a new tier-level pay rate for water.

Mayor Hernandez thanked the staff and her children for attending tonight's meeting.

10. Staff Communications:

City Attorney Michael Schulte advised Council that a new line item will be attached to all agendas about reading Resolutions in full when approving them. It will state that resolutions do not need to be read in full, just the resolution number and the title of the resolution.

City Manager Jennifer Gomez attended the TCAG meeting. She informed Council that TCAG approved Self Help Enterprises to apply for 1.8 million dollars for additional funding for the transit center. She also advised Council that the timeline for the transit center is to be complete in the Fall of 2024.

Battalion Chief Jim Thomas informed Council that currently, three firefighters are attending the State Academy.

11. Future Agenda Items

1. Amend Ordinance - Temporary Outdoor Use Permits

2. Reservations for Picnic Shelters

3. Discussion regarding a Recreation Division

4. Expansion of Liberty Park

12. Adjournment:

Mayor Hernandez adjourned the meeting at 7:28pm.

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: Steve Huntley, CPFO, IPMA-SCP
Director of Finance & Administration
DATE: January 9, 2023
SUBJECT: Approve Resolution 2023-001 Authorized Signers on the City's Bank Accounts RECOMMENDED ACTION:

It is respectfully recommended that the City Council review and approve Resolution 2023-001, updating the authorized signers on the City's banking accounts.

BACKGROUND & DISCUSSION:

On December 12, 2022 the City Council appointed a new Mayor and Mayor Pro Tem. As a result of this change, the signature card at Citizen's Business Bank (CBB) is out of date and needs to be updated. In order for the bank to accept these changes a new resolution needs to be on file that supports this change by specifically listing the names and titles of the authorized check signers for verification purposes. The attached resolution, 2023-001, is an update to Resolution 2019-002 which was previously adopted by City Council as a routine administrative matter the last time a change like this was needed
COORDINATION & REVIEW:

The recommendation has been reviewed and coordinated with the City Manager's Office, Finance Department staff, and Account Management at Citizen's Business Bank.

The recommended action is consistent with the practice of maintaining transparency and internal controls by making the most appropriate staff and the elected leadership of the City (Mayor and Mayor Pro Tem) as signers.

FISCAL IMPACT:

This is an administrative update to an existing resolution and process but needs to be made expeditiously in order to make sure that the City has the ability to pay its bills timely and with the correct level of transparency with the elected leadership.

Attachments: 1
Resolution 2023-001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FARMERVILLE TO DIRECT BANKING ENTITIES TO UPDATE AUTHORIZED CHECK SIGNERS.

RESOLUTION 2023-001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERVILLI O DIRECT BANKING ENTITIES TO UPDATE AUTHORIZED CHECK SIGNER.

WHEREAS, the City of Farmersville has limited administrative staff and internal controls require all warrants (checks) have two signatures, and WHEREAS, the City of Farmersville designates the City Manager, Director of Finance and Administration, Mayor, and Mayor Pro Tem to be authorized check signors, and WHEREAS, the City of Farmersville prefers at least one check signor to be either the Mayor or the Mayor Pro. Tem, and
WHEREAS, a The City Council appointed a new Mayor and Mayor Pro Tem, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Farmersville, as follows:

1. Authorizes the City's banking and investment entities to change the authorized account signors to the following thus replacing and superseding previous designations:

NAME TITLE

CHRISTINE M HERNANDEZ MAYOR

DANIEL VALDOVINOS JR MAYOR PRO TEM

JENNIFER M GOMEZ CITY MANAGER

STEVEN E HUNTLEY DIRECTOR OF FINANCE AND ADMINISTRATION PASSED, ADOPTED AND APPROVED this 11th day of January, 2021 by the following vote:

AYES:_
NOES:_
ABSTAIN:_
ABSENT:_

CHRISTINE HERNANDEZ
MAYOR of the City of Farmersville
Attest:

ROCHELLE GIOVANI-City Clerk •

Page 1 of 1 ends

CITY OF

FARMERSVILLE
City Council
Staff Report 8A
TO: Honorable Mayor and Members of the Farmersville City Council FROM: Karl Schoettler, City Planning Consultant
DATE: January 9, 2023
RE: Public Hearing: General Plan Amendment/Zone Change 2022-04 (Camarillo) RECOMMENDED ACTION:

The action is a request to change the zoning and General Plan land use designations for two parcels located on the west side of Magnolia Avenue south of Visalia Road It is respectfully recommended that the City Council conduct a public hearing and vote to approve the request by:

2. Introduce and waive the first reading of Ordinance 518 approving the zone change for the site from "CG" (General Commercial) to "RM-2.5" (Multi-Family Residential).

ANALYSIS
The applicant is requesting a zone change and a General Plan land use amendment for two parcels (145 S. Magnolia and 161S. Magnolia) located on the west side of S. Magnolia Avenue, about 100 feet south of Visalia Road (see Maps 1 (Location) and 2 (Aerial Photo).

The lots are currently zoned "CG" (General Commercial) and are also designated "General Commercial" on the General Plan's land use map.

Each lot contains an existing single-family home that was built decades ago. The applicant is wishing to replace each home with a new dwelling, however this is prevented by the commercial zoning of the site.

In order to allow replacement, the zoning would need to be changed to a residential district.

Given that the parcels immediately south (along Magnolia) are zoned RM-2.5 (Multi-Family Residential) it makes the most sense to zone these two parcels in similar fashion.

Staff believes the subject parcels were originally zoned commercially because of their proximity to Visalia Road, and these zoning designations go back likely at least 20 to 30 years. Map 3 shows existing zoning in the area. The idea was to provide a certain "depth" of commercial zoning along Visalia Road to accommodate large-scale commercial development (like a strip mall). Such commercial development has obviously never occurred in this area and in fact staff cannot recall any inquiries about potential commercial development on these lots.

Therefore, staff believes the zone change request is reasonable and recommends approval.

Planning Commission Action
The Planning Commission conducted a public hearing on the request on December 14, 2022. No members of the public spoke on the issue. Following discussion, the Commission voted unanimously to recommend approval of the zone change and General Plan amendment.

COORDINATION & REVIEW: (OR PUBLIC OUTREACH AND REVIEW)
The proposed project has been reviewed by City Departments, including Engineering, Police/Fire, and Public Works. Public hearing notices have been published and notices mailed to all property owners within 300 feet of the site.

FISCAL IMPACT:

None. The applicant has paid fees to cover processing of the request and will be paying fees for the building permits for the new dwellings.

CONCLUSION:

Based on the information provided above and review by the Planning Commission, it is recommended the City Council approve the request.

Respectfully submitted, Approved as to form:

Karl Schoettler Jennifer Gomez
City Planning Consultant City Manager
Attachments): Resolution 2023-002 (General Plan Amendment and Environmental finding) Ordinance 518 (zone change)
•
2 Map 1: Location
Costner St.

DAL
Farmersville Blvd. Birch St.

Visalia Road
Subject Parcels
Deep Creek Greek Rose Ave.
(Magnolia
Sycamore St.
north
1PK
3 Map 2: Aerial Photo
Visalia Road
Location
Farmersville Blvd Deep Creek
Magnolia
north
Map 3: Existing Zoning
Birch ST
Magn
R-1
CC CC
First St

CG CG CG P/QP
CG
Visalia Road
Proposed for CG
rezoning CG
CG CG
RM-2.5 Magnolia Ave
RM-2.5
Farmersville Blvd. RM-2.5

P/QP CG
north
Zoning Designations
Farmersville Zoning Map CG General Commercial
5 RESOLUTION 2023-002

BEFORE THE CITY COUNCIL

CITY OF FARMERSVILLE

COUNTY OF TULARE, STATE OF CALIFORNIA

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE APPROVING GENERAL PLAN AMENDMENT 2022-04 (CAMARILLO).

WHEREAS, the City has received an application from Janet Camarillo, 2023 Aberdeen Dr., Corona, CA 92881, to amend zoning and land use designations for two parcels located on the west side of S. Magnolia Avenue, south of Visalia Road. The Assessor Parcel Numbers are 130-131-008 and 130- 131-009, and
WHEREAS, the General Plan Amendment proposes to amend the land use designation for the parcels from "General Commercial" to "Medium-High WHEREAS, the proposed action is intended to allow for the replacement of residential dwellings on the parcels, and
WHEREAS, the Farmersville Planning Commission conducted a public hearing to consider the request on December 14, 2022 and voted unanimously to recommend approval of the application, and
WHEREAS, property owners within 300 feet of the subject parcel were notified of the City Council's meeting and a public hearing notice was published ten (10) days prior to the City Council's meeting, and
WHEREAS, the Planning Department has prepared a staff report and environmental finding, and
WHEREAS, the City Council held a public hearing on this action and accepted testimony.

NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this action:

1. The proposed action is consistent with the goals, objectives and policies of the 2025 Farmersville General Plan.

Page 1 of 3 ends

Farmersville City Council
Resolution 2023-002
General Plan Amendment 2022-04 (Camarillo)

2. The City has determined the action is exempt from environmental review under 15061 (b) (3) (General Exemption) of the Guidelines of the California Environmental Quality Act (CEQA.

3. The proposed action will not have an adverse impact on the health, safety and welfare of residents in the neighborhood or community.

Farmersville City Council.

The foregoing resolution was adopted upon a motion of Council member _ second by Council member
meeting of the Farmersville City Council on the 9th day of January, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Tina Hernandez, Mayor
Farmersville City Council
Rochelle Giovani, City Clerk
City of Farmersville

Page 2 of 3 ends

Farmersville City Council
Resolution 2023-002
General Plan Amendment 2022-04 (Camarillo)
Exhibit 1: Proposed General Plan Designation
Costner St.

Ave.
innel Magnolia Ave.

Farmersville Blvd Birch St.

Proposed Land Use
Designation:
"Medium High Density
Residential"
Visalia Road
Creef Ave.

Magnolia® Rose
Sycamore
north

Page 3 of 3 ends

ORDINANCE NO. 518

AN ORDINANCE OF THE CITY OF FARMERSVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA, AMENDING ORDINANCE NO. 319 (AS AMENDED) OF THE CITY

OF FARMERSVILLE, RELATING TO THE CLASSIFICATION OF THE ZONE OF PARTICULAR PARCELS OF REAL PROPERTY.

The City Council of the City of Farmersville does ordain as follows:

SECTION 1. Sections 17.12.020 and 17.12.030 of the Municipal Code of the City of Farmersville, are amended by changing the Zoning Map for two parcels of property located on the west side of Magnolia Avenue south of Visalia Road. (Assessor Parcel Numbers 130-131-008 and 130-131-009) as shown on Exhibit 1.

SECTION 2. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this.

Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if such invalid portion thereof had been deleted.

SECTION 3. This ordinance shall take effect thirty (30) days after its passage.

SECTION 4. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, published in the County of Tulare.

I hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Farmersville held on the 9th day of January, 2023 passed and adopted at a Regular meeting of the City Council held on the day of January, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Tina Hernandez, Mayor
City of Farmersville
Rochelle Giovanni, City Clerk
City of Farmersville

Page 1 of 2 ends

Farmersville City Council
Ordinance 518

Page 2 of 2 ends

Exhibit 1: Proposed Zoning
Costner St.
le Blvd Magnolia Ave.

Birch St.
ersvil
Proposed Zoning: "RM-2.5"
Visalia Road
Greek Ave.

Magnolia® Deep- Rose
Sycamore St
north

CITY OF

FARMERSVILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: January 9, 2023
SUBJECT: Citrus Avenue Connection Feasibility Study
RECOMMENDED ACTION:

It is recommended that the City Council review the Study and provide direction to staff as to whether to include the project in the Capital Improvement Plan.

BACKGROUND and DISCUSSION:

There has been a need for a number of years to address the traffic circulation surrounding Farmersville High School. Vehicles are often backed up on Freedom Drive as the only road available to leave the vicinity of Freedom Elementary and the High School during morning drop- offs and afternoon pickups. Making modifications at the intersection of Freedom and Walnut have been met with engineering issues due to the close proximity to Farmersville Blvd, therefore staff has been looking for other solutions.

The City Manager contracted with 4Creeks to do a feasibility study of connecting Citrus and Walnut Avenues on the east side of the high school to align with Road 168. 4Creeks took into consideration the impacts to the existing properties and various costs associated with constructing a new street and has prepared two options for the City to consider. 4Creeks will present their Study and address any questions that Council may have on this potential project; and if the City Council is in favor of proceeding with the proposed project, staff will update the 5 Year Capital Improvement Plan so that funding can be allocated in a future budget.

FISCAL IMPACT:

Preliminary engineer's estimates show Option 1 (Traffic Signal) to be $2,307,476.69 and Option 2 (Roundabout) to be $ 1,951,351.39. The cost for right of way acquisition has not been calculated and included in the estimate.

Other than the lower cost to construct a roundabout, there are other benefits to this option. Staff also believes a roundabout would ensure vehicles will slow down as they travel west into town, while a traffic signal could cause some drivers to speed through the intersection to avoid a red light. As far as funding the project, TCAG will be able to contribute funds for a roundabout, thus Lining or the preid forth AGo continuion etunding. Staff would need to coordinate the ATTACHMENT(S):

Citrus Avenue Connection Feasibility Study
4CREEKS

CITRUS DRIVE CONNECTION

FEASIBILITY STUDY

PREPARED FOR THE

CITY OF FARMERSVILLE
Feasibility Study
For
Citrus Drive Connection
Farmersville, CA
Project# 22404
January 2023
4CREEKS
324 S. SANTA FE ST.

VISALIA, CA 93292
(559) 802-3052
Table of Contents
SECTION 1 - Introduction. ....1

1.1 - Report Purpose.. ...1

1.2 - Project Area and Existing Infrastructure.. ..1
SECTION 2 - Roadway Design... 3

2.1 - Walnut Avenue and Road 168 Intersection Options..... ...3

2.1.1 - Option 1 (Traffic Signal). ..3

2.1.2 - Option 2 (Roundabout).

2.2 - Road 168 Alignment... .4

2.3 - Effects on Surrounding Properties and Owners... ...4

2.3.1 - Option 1 (Traffic Signal). .6

2.3.2 - Option 2 (Roundabout) ....6
SECTION 3 - Engineer's Estimates. ...6

3.1 - Preliminary Engineer's Estimates.. ...6
List of Figures

1.2 - Vicinity Exhibit. .2

2.1.2 - Roundabout Turn Templates ...5

2.3 - Right of Way Impact Exhibit ...7
Appendix
• Option 1 - Traffic Signal Conceptual Improvement Plans • Option 1 - Traffic Signal Engineer's Estimate
• Option 2 - Roundabout Conceptual Improvement Plans
• Option 2 - Roundabout Engineer's Estimate
•.

Citrus Drive Connection Feasibility Study January 2023
City of Farmersville
SECTION 1 - Introduction

1.1 - Report Purpose
The City of Farmersville ("the City") has identified the need to provide an additional street connection from East Citrus Drive to Walnut Avenue along the east side of Farmersville High School ("the school") - generally along the Road 168 alignment. This connection will improve circulation in the area and eliminate the existing dead-end on eastbound Citrus Drive. These improvements will include installation of traffic control infrastructure at the intersection of Walnut Avenue and Road 168. The City intends to explore options for both a traffic signal and roundabout at the intersection. This report serves to provide conceptual engineering designs for both intersection options and roadway connection, as well as to provide an estimated cost of both options while identifying potential constraints.

Refer to appendix for conceptual improvement plans and engineer's estimates of probable cost for both the traffic signal and roundabout options.

1.2 - Project Area and Existing Infrastructure
The City of Farmersville is located in Sections 1 and 12, Township 19 South, Range 25 East, and Sections 6 and 7, Township 19 South, Range 26 East, Mount Diablo Base and Meridian, in the County of Tulare, in the State of California. The topography is generally flat and no significant grade issues were identified.

Refer to Figure 1.2 for vicinity exhibit of the proposed project.

North of Walnut Avenue, the existing pavement of Road 168 crosses over the existing surveyed right of way to encroach slightly into the existing property on the northwest corner of the intersection. It is assumed this was done to preserve the substantial oak trees on the east side of Road 168 which would have otherwise necessitated removal. The northwest and northeast corners of the Walnut Avenue and Road 168 intersection includes orchards and large-lot country-style homes.

South of Walnut Avenue, there is an existing drive approach and access road, centered approximately 20' east of the de facto centerline of Road 168. This access road serves the school's athletic facilities.

There is an existing well pump on the south side of Walnut Avenue, directly in line with the projection of the de facto centerline of Road 168. There are also various other obstructions in the vicinity which may be impacted by the project including streetlights, power poles, fire hydrants, and trees.

There is an existing fence on the east side of the access road which represents the boundary between the school and the adjacent private property. The adjacent private property includes a residential home near Walnut Avenue and vineyards extending south and east toward Citrus Drive and Deep Creek.

The existing pavement on Road 168 is approximately 24' wide at the north leg of the existing intersection and tapers narrower going north. The striped centerline of Walnut Avenue approximately follows the section line. The paved width of Walnut Avenue is approximately 28' wide east of Road 168 and the high school, but 47' on the west side of Road 168. The westbound lane approaching the Walnut Avenue/Road 168 intersection is approximately 15' from the striped centerline to the edge of pavement. 'On the east leg, the eastbound lane is approximately 32' from the striped centerline to face of curb Citrus Drive Connection Feasibility Study January 2023
City of Farmersville 1

PRIVATE PROPERTY PRIVATE

PROPERTY
WALNUT AVE.

TRAFFIC SIGNAL

OR ROUNDABOUT

AT INTERSECTION PRIVATE PROPERTY

MAINTAIN ACCESS

TO EXSITING

ATHLETIC FACILITY

PROPOSED

FARMERSVILLE

HIGH SCHOOL ROAD CONNECTION

STADIUM

CITRUS DRIVE

DISTRICT PROPERTY
PREPARED BY:

NORTH CITRUS DRIVE CONNECTION
324 S. SANTA FE ST.

FEASIBILITY STUDY P.O. BOX 7593
VICINITY EXHIBIT VISALIA, CA 93292
200' 200' TEL: 559.802.3052
CREEKS FAL 558023052
FIGURE 1.2
along the frontage of the school and then drops to approximately 13'. The extra-wide lane with sudden drop-off is problematic and will be addressed with the proposed improvements.

There is a line of transmission poles along the south side of Walnut Avenue and along the west side of Road 168.

SECTION 2 - Roadway Design

2.1 - Walnut Avenue and Road 168 Intersection Options
This study explored two options for control at the intersection of Walnut Avenue and Road 168 - Option 1 (traffic signal) and Option 2 (roundabout).

In both concepts, the existing well on the south side of the intersection will need to be relocated to allow the extension of Road 168. A portion of the sidewalk fronting the school as well as the access drive approach will also need to be removed.

2.1.1 - Option 1 (Traffic Signal)
Option 1 involves the installation of a fully actuated traffic signal system at the intersection of Walnut Avenue and Road 168, including traffic signal poles at each corner of the intersection. An accessible ramp is proposed for the southwest corner of the intersection. As there is no walkable destination or pedestrian facilities on the northwest, northeast, and southeast corner of this intersection, ramps are not proposed in those locations at this time. Rather, a dike arc would be installed at the assumed future location to provide protection for the traffic signal poles.

Because of the width difference of Walnut Avenue on the west and east side of Road 168, this conceptual option provides an eastbound through lane and a right-turn only lane. This will prevent drivers from trying to utilize the width to pull up side-by-side to go through the traffic signal.

There are existing overhead lines which may conflict with the traffic signal poles and may require height analysis to ensure proper clearance. There is also an existing transmission pole near the intersection which is expected to fall within the intersection and would need to be relocated. An advantage of the traffic signal option is that the layout could potentially be adjusted to preserve the pole location if this is a priority.

2.1.2 - Option 2 (Roundabout)
Option 2 involves the installation of a single-lane roundabout at the Walnut Avenue/Road 168 intersection with an inscribed circle diameter of 88'. The center of the roundabout is placed at the intersection of the section line serving as the center of Walnut Avenue and the de facto centerline of Road 168. The roundabout will include a raised, nontraversable center island encompassed by the circulatory roadway which includes a traversable truck apron. The roundabout will accommodate STAA trucks through the intersection traveling in the east-west direction utilizing the truck apron. All turning movements involving the north or south leg are designed to accommodate vehicles up to a 65- passenger school bus in size. Typical commuter vehicles will be able to navigate all turning movements through the roundabout in the primary drive aisle while meeting fastest path performance checks. Each leg of the roundabout will have a splitter island. No ramps or pedestrian crossings are proposed at this • time due to the lack of any connecting pedestrian facilities.

Citrus Drive Connection Feasibility Study January 2023
City of Farmersville 3
Because of the width of the eastbound lane on Walnut Avenue, a right edgeline will be installed to direct traffic north while traveling east to ensure vehicles enter the roundabout correctly.

There are existing overhead lines which may conflict with the streetlights and may require height analysis to ensure proper clearance.

Refer to Figure 2.1.2 for roundabout turn movement paths.

2.2 - Road 168 Alignment
At the Walnut Avenue intersection, the proposed centerline will be placed in line with the de facto centerline of the existing Road 168 to provide a direct path for north-south traffic through the intersection. South of Walnut Avenue, the roadway will need to shift east to avoid disturbing the existing stadium for the school. This will impact the neighboring private property - see Section 2.3. The shift will involve a reverse curve with radii assigned per Caltrans Highway Design Manual Figure 202.2 (800' radius, 40 mph assumed speed). The proposed roadway alignment would cross the existing access road diagonally.

The proposed road will be half-width at this time, wide enough for two-way traffic. The remaining width to complete the City standard may be added in the future when and if the east side develops. The proposed connection will also include a sidewalk on the west side of the road to provide connectivity for pedestrians as well. No sidewalk is proposed on the east side at this time as it does not serve a purpose being there is no destination on this side. A drive approach will be provided to maintain vehicular access to the athletic facilities. As much of the existing pavement for the access road as possible will be protected. The portions outside the proposed travel way will be striped accordingly.

The road corridor will include streetlights spaced at intervals consistent with the current City standards.

At the proposed connection with Citrus Drive, the intersection will be barricaded on the east and south sides at this time, so the only turning movements will be the southbound right and eastbound left. To accommodate two-way traffic, Citrus Drive will need to be widened between Road 168 and the existing north-south road going through the school on the west side of the stadium.

A water main will be installed along the Road 168 alignment. Connections will be made at the existing valves in the Walnut Avenue/Road 168 intersection and at the existing valves on Citrus Drive at the north/south road serving the school. This main will provide a looped connection and serve fire hydrants along the alignment.

2.3.- Effects on Surrounding Property and Owners
In both options, the City will need to acquire property from the school to convert to right of way for the roadway connecting Citrus Drive to Road 168. This acquisition will be approximately 15,000 square feet.

The extension of Road 168 south of Walnut Avenue to Citrus Drive will also require acquisition from the property owner on the southeast corner of the Walnut Avenue/Road 168 intersection as the proposed road transitions east of the existing fence line to avoid the stadium. The existing house and substantial oak tree would not be disturbed, but approximately 35,000 square feet of land would be required, which would remove three rows of grapes. There is an existing overhead line going from the transmission pole to an intermediate pole and then to the existing residence on the southeast corner Citrus Drive Connection Feasibility Study January 2023
City of Farmersville 4
CITI
ROAD 168 OPTION 2
ROAD 168
TURN
FARN
• BOL
180"
EXIST. RW EXIST. RA
WALNUT AVE.

WALNUT AVE.
(E)GAS
(E) Eb
EXIST. RW (E) Eb NOTES
EXIST. RW 1. TRAFFIC TRAVI

WALNUT AVENI

2. TRAFFIC COMIT
ROAD 168 IS DE

3. TRAFFIC COMI
ROAD 168 IS DE

STRAIGHT-THRU TRAFFIC EAST-BOUND TURN NORTH AND SOUTH-BOUND TURN EAST (E) E OH- EXIST.AW- (E) E OH-
ROAD 168 ROAD 168
EXIST. RA EXIST. RW
WALNUT AVE. WALNUT AVE

TAE-GAS CAEFGAS
(E) ED
EXIST. RM
60'
, which may need to be undergrounded. There is an additional acquisition of approximately 5,000 square feet required from the school district for the paveout of the south side of Citrus Drive.

The fact that the existing pavement for Road 168 encroaches into the property on the northwest corner may need to be addressed with the property owner to create a legal dedication if it is not existing.

Refer to Figure 2.3 for anticipated acquisitions.

2.3.1 - Option 1 (Traffic Signal)
An advantage of the traffic signal option is that it will require a smaller total footprint than the roundabout, so the impact to surrounding properties is less. Encroachment into the properties on the northeast or northwest corners of the intersection are not expected. The proposed curbing may encroach into the right of way on the northwest corner but would remain within the existing pavement. so there would be no additional impacts to the property owner beyond the existing condition.

2.3.2 - Option 2 (Roundabout)
The roundabout option has a larger footprint than the traffic signal and will require additional paveout • around the corners. The center of roundabout and outer radius was assigned so that the pavement does not encroach across the corner of the existing property on the southeast corner. In the future, a right of way acquisition may be required if sidewalk is added. The paveout increases the amount of encroachment into the property on the northwest corner by an additional 350 square feet. Because Road 168 is not centered between the existing right of way lines, the property on the northeast corner will not be impacted.

SECTION 3 - Engineer's Estimates

3.1 - Preliminary Engineer's Estimates
Please see the appendix for the engineer's estimates of probable cost. Note that estimates are based on conceptual plans which may be subject to change pending further coordination and evaluation. All unit prices are based on the best information available at the time and are subject to change depending on market conditions.

Note that estimated fees do not include right of way acquisition.

Citrus Drive Connection Feasibility Study January 2023
City of Farmersville 6
EXIST. EDGE

OF PAVEMENT
PRIVATE PROPERTY CROSSES R/W.

ROUNDABOUT OPTION ROAD 168 PRIVATE

PROPERTY

FURTHER ENCROACHES
WALNUT AVE.

TRAFFIC SIGNAL

OR ROUNDABOUT

AT INTERSECTION PRIVATE PROPERTY

RN TO BE ACQUIRED

FROM SCHOOL DISTRICT
(+/- 15,000 SF)

MAINTAIN ACCESS

TO EXSITING

ATHLETIC FACILITY

FARMERSVILLE PROPOSED

HIGH SCHOOL ROAD CONNECTION

R/W TO BE ACQUIRED

FROM ADJACENT

PROPERTY OWNER
(+- 35,000 SF)

STADIUM

CITRUS DRIVE

R/W TO BE ACQUIRED

FROM SCHOOL DISTRICT
(+/- 5,000 SF)

SCHOOL DISTRICT PROPERTY

PREPARED BY

CITRUS DRIVE CONNECTION
324 S. SANTA FE ST.

FEASIBILITY STUDY P.O. BOX 7593
R/W IMPACT EXHIBIT VISALIA, CA 93292
200' 200' TEL: 559.802.3052
CREEKS FAX. 550802315
FIGURE 2.3
Appendix
BOVE : STA: 16+00
PROPERTY LINE*

FENCE BERND FUTURE BACK OF WALK
RELOCATE APPROX, 350 EXIST.CHAINLINK
18+00
REMOVE APPROX.

Ді

RELOCATE EX

WD RELATED

RELOCATE EX

RELOCATE EX
FE

CROSS-SECTION A-A
N.T.S.

DOST, RW
1100-
- 100 D
18+00

INSTALL WATER MAN PROPOSED ROAD PROPOSED CENTERLIVE
EUST. RAY
r1000

PROPERTY LINE
: STA: 16+00

PROPOSED ROAD INSTALL WATER LUN IBOVE

3. ALL SIGNS SHALL BE INSTALLED PER THE CURRENT EDITION OF THE CALIFORNIA MUTCD, LATEST REVISION.

4. EXISTING STRIPING THAT NEEDS TO BE REMOVED, INCLUDING STRIPING IN

CONFLICT WITH STRIPING PLAN, IS TO BE REMOVED BY LIGHT GRINDING

5. STRIPING THAT IS NOT IN CONFLICT WITH PLAN AND IS NOT CALLED OUT TO

BE REMOVED SHALL BE PROTECTED IN PLACE

6. EXISTING STRIPING CALLED OUT TO BE REFRESHED, REFRESHING IS TO

WATCH EXISTING TYPE AND LOCATION OF EXISTING STRIPING

7. REMOVED AND/OR SALVAGED SIGNS SHALL BE TAKEN TO THE CITY'S CORP.

YARD. CONTRACTOR TO VERIFY LOCATION OF CITY CORP. YARD

RIGHT TURN ARROW
NIC 7016,
_ 17600

PROPERTY LINE
12+00 : STA: 16+00
- =-
BOVE

OPINION OF PROBABLE CONSTRUCTION COSTS
Project: Road 168 & Walnut Avenue - Option 1: Traffic Signal Client: City of Fammersville 4CREEKS
Project Acreage: 14.4 Date: 12/9/2022
Total Estimated Project Cost: $ 2,307,476.69 Completed by: RH Checked.by: RJD
Item & Description Quantity Unit Price Unit Total

DEMOLITION, REMOVAL & RELOCATION
Clearing & Grubbing (Misc.) 14.4 $500.00 ACRE $7,189.03 Asphalt 1,234.0 $5.00 SF $6,170.00
Concrete 798.0 $5.00 SF $3,990.00
Sawcut 900.0 $3.00 LF $2,700.00
Curb and Gutter 14.0 $15.00 LF $210.00
Vineyards 0.7 $7,500.00 ACRE $5,290.66
Relocate Existing Fence 772.0 $15.00 LF $11,580.00
Relocate Existing Streettight 1.0 $3,000.00 EA $3,000.00 Relocate Existing Well and Structures 1.0 $300,000.00 LS $300,000.00 Relocate Existing Electrical Meters 1.0 $2,500.00 EA $2,500.00 Relocate Existing Power Pole and Guy Wire 1.0 $120,000.00 EA $120,000.00 DEMOLITION & REMOVAL TOTAL $462,629.69

SITE GRADING
Rough Grading:

Street Excavation 1,779.3 $60.00 $106,760.00
Finish Grading:

Compact & Subgrade the streets 1,271.7 $1.50 SF $1,907.55 Grade for Curb and Gutter 1,374.0 • $3.00 LF $4.122.00
Grade for Sidewalk 11,861.0 $1.00 SF $11,861.00
SITE GRADING TOTAL $124,650.55

CONCRETE
24" Curb & Gutter 1,280.0 $50.00 LF $64,000.00
Median Curb 94,0 $50.00 LF $4,700.00
Sidewalk 11,861.0 $10.00 sF $118,610.00
ADA Ramps 3.0 $12,000.00 EA $36,000.00
CONCRETE TOTAL $223,310.00

STREET PAVING
3 AC - Local Street 635.9 $110.00 TON $69,943.50
6° AB - Local Street 1,271.7 $60.00 TON $76,302.00
Miscellaneous:

Striping & Signage 1.0 $15,000.00 LS $15,000.00
Barricades 4.0 $4,000.00 EA $16,000.00
STREET PAVING TOTAL $107,302.00
CONFIDENTIAL AND PRIVILEGED, PROPERTY OF 4CREEKS, INC.

Page 1 of 2 ends

Item & Description Quantity Unit Price Unit Total
WATER
Fire Hydrant 6.0 $6,000.00 EA $36,000.00
Water Line Extenstion 1,727.0 $65.00 LF $112,255.00
WATER TOTAL $148,255.00

TRAFFIC SIGNAL
Traffic Signal System 1.0 $500,000.00 LS $500,000.00
TRAFFIC SIGNAL TOTAL $500,000.00

STREETLIGHTS
Standard streetlights 500 $12,000.00 EA $60,000.00
STREET LIGHTS TOTAL $60,000.00
FEES
Engineering & Design:

Civil & Traffic Engineering 1.0 $81,500.00 LS $81,500.00 Surveying - Staking 1.0 $20,000.00 LS $20,000.00
Geotechnical Engineering 1.0 $10,000.00 $10,000.00
Potholing 1.0 $20,000.00 $20,000.00
Mobilization 1.0 $160,000.00 LS $160,000.00
Environmental Compliance - SWPPP and DCP 1.0 $5,250.00 LS $5,250.00 FEES TOTAL $296,750.00

SUMMARY
DEMOLITION, REMOVAL & RELOCATION $462,629.69
SITE GRADING $124,650.55
CONCRETE $223,310.00
STREET PAVING $107,302.00
WATER $148,255.00
TRAFFIC SIGNAL $500,000.00
STREETLIGHTS $60,000.00
FEES $296,750.00
SUBTOTAL: $1,922,897.24
20% CONTINGENCY: $384,579.45
TOTAL ESTIMATE IMPROVEMENT COST: $2,307,476.69
CONFIDENTIAL AND PRIVILEGED, PROPERTY OF 4CREEKS, INC.

Page 2 of 2 ends

BOVE : STA: 16+00

FENDE BEHIND FUTURE BACK OF WALK
RELOCATE APPROX. 350 EXIST.CHANLINK
mllh

ALAN AAA
"AAA
Co+zz

CROSS-SECTION A-A
N.T.S.

EXIST, RV

TLE-IN TO EXIST, WATER
5 100
1100
E100
Піті:
: STA: 16+00 BOVE

BYSTALL WATER MAN
& EXISTING STRIPING CALLED OUT TO BE REFRÉSHED, REFRESHNGIS TO MATCH EXSTING TYPE AND LOCATION OF EXISTING STRIPING

1. SIGNAGE NEAREST TO ROURDABOUT SHALL BE REMOVABLE

8. REJOYED ADOR SALVAGED SIGHS SHALL BE TAKEN TO THE CITYS CORP, YARD, CONTRACTOR TO VERY LOCATION OF CITY CORP. YARD 8+00
L-HS
11=15, S=50 MPH
4400 5+03 L -750.0 6400
WALNUT AVENUE MATCHLINE 'A': STA. 7+50 SEE RIGHT
===7C 3555557
18+00
EXIST. RW
12+00
3': STA. 15+75
IBOVE

OPINION OF PROBABLE CONSTRUCTION COSTS
Project: Road 168 & Walnut Avenue - Option 2: Roundabout Client: City of Farmersville 4CREEKS
•
Project Acreage: 14.4 Date: 12/9/2022
Total Estimated Project Cost: $ 1,951,351.39 Completed by: RH Checked by: RJD
Item & Description Quantity Unit Price Unit Total

DEMOLITION, REMOVAL & RELOCATION
Clearing & Grubbing (Misc.) 14.4 $500.00 ACRE S7,189.03 Asphalt 1,234.0 $5.00 SF $6,170.00
Concrete 798.0 $5.00 SF $3,990.00
Curb and Gutter 14.0 $15.00 LF $210.00
Sawcut 1,285.0 $3.00 LF $3,855.00
Vineyards 0.7 $7,500.00 ACRE $5,290.66
Relocate Existing Fence 772.0 $15.00 LF $11,580.00
Relocate Existing Streetlight 1.0 $3,000.00 EA $3,000.00 Relocate Existing Well and Structures 1.0 $300,000.00 LS $300,000.00 Relocate Existing Electrical Meters 1.0 $2,500.00 EA $2,500.00 Relocate Existing Power Pole 1.0 $75,000.00 EA $75,000.00 Relocate Existing Power Pole and Guy Wires (Transmission) 1.0 $120,000.00 EA $120,000.00 DEMOLITION & REMOVAL TOTAL 5538,784.69

SITE GRADING
Rough Grading:

Street Excavation 1,919.0 $60.00 $115,140.37
Finish Grading:

Compact & Subgrade the streets 1,371.5 $1.50 SF $2,057.30 Grade for Curb and Gutter 1,264.0 $3.00 LF $3,792.00
Grade for Sidewalk 11,755.0 $1.00 $11,755.00
SITE GRADING TOTAL $132,744.67

CONCRETE
24" Curb & Gutter 1,264.0 $50.00 LF $63,200.00
Median Curb 527.0 $50.00 LF $26,350.00
Sidewalk 11,755.0 $10.00 SF $117,550.00
Stamped Median Concrete 1,210.0 $20.00 SF $24,200.00
ADA Ramps 2.0 $12,000.00 EA $24,000.00
CONCRETE TOTAL $255,300.00

STREET PAVING
3" AC - Local Street 685.8 $110.00 TON $75,433.60
6° AB - Local Street 1,371.5 $60.00 TON $82,291.80
Miscellaneous:

Striping & Signage 1.0 $20,000.00 LS $20,000.00
Barricades 3.0 $4,000.00 EA $12,000.00
STREET PAVING TOTAL $114,291.80
CONFIDENTIAL AND PRIVILEGED, PROPERTY OF CREEKS, INC.

Page 1 of 2 ends

[item & Description Quantity Unit Price Unit Total
WATER
Fire Hydrant 6.0 $6,000.00 EA $36,000.00
Water Line 1,727.0 $65.00 LF $112,255.00
WATER TOTAL $148,255.00

STREETLIGHTS
Standard streetlights 9.0 $12,000.00 EA $108,000.00
STREET LIGHTS TOTAL $108,000.00

LANDSCAPE
Roundabout Landscape & Irrigation 1.0 $75,000.00 LS $75,000.00 STREET LIGHTS TOTAL $75,000.00
FEES
Engineering & Design:

Civil Engineering Estimate 1.0 $68,500.00 LS $68,500.00 Surveying - Staking 1.0 $20,000.00 LS $20,000.00
Geotechnical Engineering 1.0 $10,000.00 LS $10,000.00
Potholing 1.0 $20,000.00 LS $20,000.00
Mobilization 1.0 $130,000.00 LS $130,000.00
Environmental Compliance - SWPPP and DCP 1.0 $5,250.00 LS $5,250.00 FEES TOTAL $253,750.00

SUMMARY
DEMOLITION, REMOVAL & RELOCATION $538,784.69
SITE GRADING $132,744.67
CONCRETE $255,300.00
STREET PAVING $114,291.80
WATER $148,255.00
STREETLIGHTS $108,000.00
LANDSCAPE $75,000.00
FEES $253,750.00
SUBTOTAL: $1,626,126.16
20% CONTINGENCY: $325,225.23
TOTAL ESTIMATE IMPROVEMENT COST: $1,951,351.39
CONFIDENTIAL AND PRIVILEGED, PROPERTY OF 4CREEKS, INC.

Page 2 of 2 ends

CITY OF

TARMEREVILE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: January 9, 2023
SUBJECT: Discussion on Non-Store Front Cannabis Retailers - Deliveries Only RECOMMENDED ACTION:

It is recommended that the City Council provide direction on whether to amend the City ordinance related to cannabis retailers and allow delivery-only businesses in addition to the 3 store-front businesses already permitted
BACKGROUND and DISCUSSION:

Recently, City staff has been contacted by a few cannabis delivery businesses that would like to locate in Farmersville. As our current ordinance reads, the City only issues 3 permits pertaining to cannabis retailers which are currently held by Token Farms, Valley Pure, and Platinum Connection. Token Farms and Valley Pure are allowed to do deliveries since they also have stores that are open to the public. Platinum Connection is under construction and expected to open in 2023 and may ask to do deliveries from their store as well.

For delivery-only retailers, they would not have a showroom or public access to their facility.

Orders would be placed online, then a driver would deliver the products from this facility to the requested location.

While the City would see additional revenue from delivery-only businesses, it may be slightly offset from any reduced revenue from our current retailers. Token Farms and Valley Pure continue to invest in their stores with expansions that are already in progress, and additional competition could jeopardize their attempts to grow and succeed. However, these delivery-only businesses will likely operate out of other jurisdictions if not permitted to do so here, so the competition may exist regardless of location.

If Council desires to allow more cannabis businesses, the ordinance would need to be amended to allow permits for businesses that would only do deliveries and not have a physical store. The City could keep the physical stores to just three, but then staff could issue permits for anyone that wanted to do only deliveries. This type of business would only be able to be located along Noble Avenue as that is where the cannabis facilities can be zoned. Space is limited in that area, so it is not anticipated that an influx of delivery businesses will occupy that area. Staff would not recommend doing a competitive process for a delivery-only permit, but the businesses would still need to acquire a conditional use permit and comply with any other city regulations pertaining to cannabis businesses.
-
FISCAL IMPACT:

Additional cannabis tax revenue from deliveries is likely, but staff does not have any information on the amount of revenue that should be projected at this time.

CITY OF

FARMERSVILLE
City Council
Staff Report 8D
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: January 9, 2023
SUBJECT: Discussion regarding a Recreation Division
RECOMMENDED ACTION:

Staff recommends that the City Council provide direction to either discuss further at the next Strategic Planning Session or to take no further action.

BACKGROUND and DISCUSSION:

A request had been made by the City Council to have a discussion regarding a Recreation Division. This has not been identified as a Goal or Priority in the City Council's Strategic Plan so staff has only recently compiled rough estimates in order to get a general understanding of anticipated revenues and expenses related to establishing a new division. Staff contacted several small cities to compile this basic information.

As the City currently does not manage any sport leagues or programs, there would be a great deal of work needed to develop a formal budget, recruit staff, and purchase equipment to establish a recreation division. For staffing, the City would need at least 1 full time employee plus 1 or 2 part time employees, seasonal employees, and volunteers. City staff would be responsible for recruiting coaches, putting teams together, creating schedules, referee and score-keep each game as well as supervise each game to make sure it runs smoothly. These employees would also need to report to a higher level of management (department head), and current department heads are at capacity in overseeing and managing their related departments.

In reviewing budgets for other small cities, they are approximately $200,000 annually for youth sports. Some of the annual expenses are offset by registration fees that could range from $50 to $80 per person depending on the sport. Even with these fees, the general fund would need to support up to 75% of the annual budget. There would also be additional funds needed in the first year in order to purchase all needed sports equipment, office supplies, a software program, and a staff vehicle. Without creating a detailed budget to determine these startup costs, an initial rough estimate is $150,000. Therefore, the total cost of the new division would be about $350,000 in the first year and about $200,000 each year thereafter, growing with inflationary factors. This is the equivalent of a 10% increase in Sales Tax revenue. The City is currently budgeted for an average of only a 3% increase which is needed for existing essential service operations. Expecting revenue growth to cover this additional expense is not reasonable given the other priorities outlined by the Council.

If the City were to create a Recreation division, then staff's assumption is that there would be a direct impact on the Boys & Girls Club and the various community leagues in town. The City would need to occupy the Community Center for office space and activities so the Boys & Girls Club would no longer have a facility to operate in Farmersville. City run leagues for football, soccer, and baseball would prevent the existing leagues from using City fields as the City would give themselves priority. With existing organizations providing various recreational opportunities, the City would be competing against them directly for registration and use of our facilities.

As there are current services that the Council has expressed to see improvements in, staff has been slowly expanding staffing levels in every department in recent years as well as increasing funds to address ongoing maintenance and purchase of new equipment. As the community continues to grow, so will our need to hire additional staff for the existing services. Additionally, as already identified in the Fire Strategic Plan, the City will be hiring four more fire personnel in the coming years for proper shift coverage.

A Recreation Division would be completely funded by the General Fund thus competing for the same resources as Fire, Police, and Parks. Existing expenses in the General Fund could be reduced to pay for the new Division. However, all other operations are essential services, and it is not recommended to reduce any service level of first responders or other essential utility or government services for recreation purposes.

In order to move forward with a Recreation Division, the Council would need to review their Goals and Priorities in the upcoming Strategic Planning Session and determine what services should or should not receive funding so that staff can plan accordingly.

Staff requests that the Council provide direction to either discuss further at the next Strategic Planning Session or to take no further action.

FISCAL IMPACT:

At this time detailed financial information is unknown, but below is a summary of costs that will need to be considered.

Ongoing costs that require stable, on-going revenue cashflow: $200,000+ • Salary, Benefits, Insurance, etc for one full FTE, two 0.5 FTE, and/or twelve to fifteen seasonal employees and volunteers
• Overhead and Office Supplies costs
• Operating Supplies, safety equipment, and repairs & maintenance • Athletic Supplies for participants
• Internet, phone, computer supplies/subscriptions/maintenance • Software and other service fees
• Training, professional subscriptions, risk management fees • Liability, property, and other insurance costs
One-time and start-up costs that could vary from year to year: $150,000+ New sports and field equipment for all leagues/sports
• Computers and office equipment for staff
• Software subscription to run leagues, track participants and payments • At least one vehicle for staff (pickup and equipment trailer)

CITY OF

FARMERSVILLE
City Council
Staff Report 8E
TO: Honorable Mayor and City Council
FROM: Kevin Gross, City Engineer
DATE: January 9, 2023
SUBJECT: Farmersville Blvd Speed Study
RECOMMENDED ACTION:

That the City Council review the attached Farmersville Bld Engineering and Traffic Survey Memorandum and accept the 50-mph recommended speed zone for Farmersville Bld between Noble Ave and Walnut Ave.

BACKGROUND:

Farmersville Bld between Noble Ave and Walnut Ave is a newly constructed north-south arterial that was formally a 2-lane collector corridor. The City recently completed the construction of this corridor which consists of 2 lanes in each direction, 8-foot shoulders, raised median, streetlights and a class 1 pedestrian pathway. Because of these changes, the City requested QK complete an engineering and traffic survey to determine the established speed zone in the segment.

DISCUSSION:

QK collected field data on Wednesday, November 30, 2022. Data for each zone was collected using a radar traffic speed meter. Each of the radar speed checks was made by consultant personnel from an inconspicuously parked, unmarked vehicle. An effort was made to ensure that the presence of the vehicle in no way affected the speed of the traffic being surveyed. Data collected was recorded on the Vehicle Speed Survey Sheets that are attached.

Chapter 7 of Division 11 of the CVC deals with speed laws. Per CVC Section 22357, whenever a local authority determines " ... upon the basis of an engineering and traffic survey, that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe... (it) ... may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, 60 miles per hour, or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe."
CVC Sections 22358, 22358.3, and 22358.4 also allow a local authority to reduce, by ordinance, those sections that are automatically 65 (or 55) mph to limits as low as 25 mph (20 or 15 mph if certain special conditions are present) on the basis of an engineering and traffic survey and the determination that the resulting speeds will be reasonable and safe.

Additionally, a "speed trap" must be avoided when establishing prima facie speed limits as indicated in CVC Section 40802. Said Section 40802, "Speed Traps," indicates that prima facie speed limits must be justified by an engineering and traffic survey conducted within five years prior to the data of the alleged violation when enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. However, this does not apply to a local street, road, or school zone.

An engineering and traffic survey (Speed Study) shall include consideration of all the following:

1. Prevailing speeds as determined by traffic engineering measurements.

2. Collision records.

3. Highway, traffic, and roadside conditions not readily apparent to the driver.

Data Collection Results:

Farmersville Blvd (Noble Ave)
Current Speed Average Speed 10 MPH Pace Critical 85th%
Direction Limit (MPH) (MPH) Speed (MPH) Speed (MPH)
All 55 46 41-50 52
Farmersville Blvd. (Walnut Ave)
Current Speed Average Speed 10 MPH Pace Critical 85th % Direction Limit (MPH) (MPH) Speed (MPH) Speed (MPH)
All 40/35 43-52 55
*See attached Engineering and Traffic Survey Memorandum for all recorded information.

Speed limits are typically established at the nearest 5 mph increment of the critical speed which vould be 50 and 55 mph respectively. However, an option to reduce the posted speed limit by 5 nph is allowed if the conditions and justification for the lower speed limit are documented in an engineering and traffic survey. Due to the high volume of pedestrian and bicycle traffic in the area, the additional 5 mph reduction is appropriate.

Recommendations:

Based on the speed data collected and review of the collision history and conditions not readily apparent to the driver, the recommended speed limit for both directions of Farmersville Blvd between Noble Ave and Walnut Ave is 50 mph within city limits. The 50-mph recommendation includes the additional 5 mph reduction for pedestrian and bicycle safety.

COORDINATION & REVIEW:

The Engineering and Traffic Survey Memorandum and the recommendations have been reviewed and coordinated with the City Manager, Chief of Police, Public Works Director, and City Engineer.

FISCAL IMPACT:

There are minimal costs associated with changing the posted speed limits on Farmersville Bivd.

CONCLUSION:

That the City Council review the Farmersville Blvd Engineering and Traffic Survey Memorandum and accept the 50-mph recommended speed zone for Farmersville Blvd within the limits of Noble Ave and Walnut Ave.

Attachments): Farmersville Bivd Engineering and Traffic Survey Memorandum and Survey Sheets
QK/
• MEMO
Date: January 4, 2023 Project No.: 220337
To: Jennifer Gomez, City Manager
From: Kevin Gross, PE
Subject: Farmersville Bld Engineering and Traffic Survey CC: John Dowel, PE
This memorandum outlines the engineering and traffic survey conducted on Farmersville Boulevard in the City of Farmersville, California to recommend appropriate speed zones for the roadway. The limits of the study on Farmersville Blvd was taken between Noble Avenue & Walnut Avenue to the south, and between Walnut Avenue & Noble Avenue to the north. This analysis and recommendations for speed zones followed the requirements of the California Vehicle Code (CVC) and the California Manual on Uniform Traffic Control Devices (CA MUTCD).

Background
Chapter 7 of Division 11 of the CVC deals with speed laws. Per CVC Section 22357, whenever a local authority determines "... upon the basis of an engineering and traffic survey, that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe... (it)... may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, 60 miles per hour, or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable. and safe."
Data Collection and Analysis
QK collected field data on Wednesday, November 30, 2022. Data for each zone was collected using a radar traffic speed meter. Each of the radar speed checks was made by consultant personnel from an inconspicuously parked, unmarked vehicle. An effort was made to ensure that the presence of the vehicle in no way affected the speed of the traffic being surveyed. Data collected was recorded on the Vehicle Speed Survey Sheets that are attached.

The data includes the location of the speed survey, date and time, direction of traffic observed ("Band" means both directions), number of lanes, paved roadway width, posted speed limit. weather, and whether the segment is in a business district, residential district, or school zone.

The matrix in the middle of the form shows an "X" each time a vehicle was recorded at the corresponding speed. These vehicles are totaled in the first column at the right of the matrix. The cumulative total is tallied in the second column and the cumulative percentage is calculated in the third column.

The lower body of the form consists of a summary table of various calculated parameters. An explanation of the data and terms follows:
901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.akinc.com
QK
MEMO PAGE 2 OF 3
• The assumed speed limit without an approved speed zone is given, based on the segment lying within a business district, residential district, or school zone. • The average speed is the total of all the vehicle speeds divided by the number of vehicles in the sample.
• The 10 MPH pace speed is the 10 miles per hour increment of observed speeds which contains the greatest number of vehicles. In nearly all cases, the 85"-percentile speed and the recommended speed limit lie somewhere within the pace, frequently in the middle to upper ranges. This is an important indicator used to determine appropriate speed limits.

The number of vehicles within the pace is an indication of the bunching of vehicular speeds.

Ideally, if all vehicles were traveling at or about the same speed, there would be a reduced likelihood of traffic collisions. In speed limit analysis, the higher the number (percentage) of vehicles within the pace, the better the speed distribution. • The critical (85%) speed (or 85'"-percentile speed) is that speed at or below which 85 percent of the observed vehicles are traveling. The 85'-percentile speed is the primary indicator of a speed limit that might be imposed subject to the secondary factors of collision experience and highway, traffic, and roadside conditions not readily apparent to the driver.

Per the CA MUTCD, a posted speed limit "shall be established at the nearest 5 mph increment of the 85".-percentile speed of free-flowing traffic, except as shown in the two Options below." Option

1. The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85 percentile speed, in compliance with CVC Sections 627 and 22358.5.

2. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85"1-percentile speed, if no further reduction is used. Refer to CVC Section 21400(b).

Also per the CA MUTCD, if the posted speed limit "has had the 5 mph reduction applied, then an engineering and traffic survey shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer." 901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.qkinc.com
QK
MEMO PAGE 3 OF 3
Results
Farmersville Blvd (Noble Ave)
Current Speed Average Speed 10 MPH Pace Critical 85th % Direction Limit (MPH) (MPH) Speed(MPH) Speed (MPH)
All 55 46 41-50 52
Farmersville Rd (Walnut Ave)
Current Speed Average Speed 10 MPH Pace Critical 85th % Direction Limit (MPH) (MPH) Speed (MPH) Speed (MPH)
All 40/35 49 43-52 55
*See appendix for all recorded information.

Collision Review
Per the CA MUTCD, the most recent two-year collision records should be reviewed when determining appropriate speed limits. Collision data was obtained from the California Highway Patrol's State-Wide Integrated Traffic Records System (SWITRS) for the years 2020 and 2021.

During this two-year period, there were no collisions on the road segments surveyed resulting in fatalities. Therefore, a speed reduction based on collision history is not recommended for the roadway segments studied.

Conclusion
Based on the speed data collected and review of the collision history and conditions not readily apparent to the driver, the recommended speed limit for Farmersville Blvd is 50 mph between Noble Ave and Walnut Ave.

Attachment 1- Speed Survey Counts
HK/KG
NO. 90901
*
STATE OF C/vIL

CALIFORNIA
901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.qkinc.com
Speed Survey
Metro Traffic Data Inc. Prepared For.
310 N. Irwin Street - Suite 20 QK Inc.

Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Farmersville Bivd
LIMITS: btwn Terry Ave / Noble Ave
speed curve
LATITUDE: 36.3228351
100 LONGITUDE: -119.2069203
90 DATES/TIMES: 11/30/2022
09:55 to 10:40
DIRECTION: Northbound
85% SPEED 53
10 10 mph PACE_ 43 - 52 MPH
30 10 AVG. SPEED 47 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
MPH
70 -ooo
68 66
65 63
62 X
61 60 X
59 58
57 X
56 55 X X 2
54 X

X X N NN
52 X X X XXXX
51 X
xxxx| Xxxx xxxxxx× xxxxxx×
46 xxxxxxxx XXX×
45 X
X
X
TOTAL: 100

Page 1 of 3 ends

Speed Survey
Metro Traffic Data Inc. Prepared For.
310 N. Irwin Street - Suite 20 QK Inc.

Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME Farmersville Bivd
LIMITS: biwn Terry Ave / Noble Ave
speed curve
LATITUDE: 36.3228351
100 LONGITUDE: -119.2069203
DATES/TIMES: 11/30/2022
09:55 to 10:40
Percentile
DIRECTION: Southbound
85% SPEED 50
10 mph PACE 41 - 50 MPH
10 AVG. SPEED 45 MPH
Speed (MPH) POSTED SPEED
55 MPH
MPH
70 69 •oo
68 67
66 65
64 63
62 61
60 59
58 X
57 56 X
55 54
53 X X
52 X
51 2
50 X X
X 4
X X X X X X X X 13
40 X
X XX X
• 0
TOTAL: 100

Page 2 of 3 ends

Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.

Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Farmersville Bivd
LIMITS: btwn Terry Ave / Noble Ave
speed curve
LATITUDE 36.3228351
100 LONGITUDE -119.2069203
90 DATES/TIMES: 11/30/2022
09:55 to 10:40
Percentile
DIRECTION Northbound + Southbound
85% SPEED 52
10 mph PACE 41 - 50 MPH
30 35 10 AVG. SPEED 46 MPH
Speed (MPH)
POSTED SPEED N.P. MPH / 55 MPH
MPH
70 69
000-
68 67
66 65
64 63
62 61 Nois
60 XX
59 58 X X
xXI
57 X
56 X X
55 X X X 3
54 3
53 52 XXXX
51 50 X X X X
X X
xxxxxxxx xxxx xxxxxxx
xxxxx× 12
10 X
X X
X
98800888088×
0 0
• •0
0 TOTAL:_ 200

Page 3 of 3 ends

Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.

Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Farmersville Rd
LIMITS: btwn Terry Ave / Walnut Ave
speed curve
LATITUDE: 36.3141904
100 LONGITUDE -119.2069954
90 80 DATES/TIMES: 11/30/2022
09:55 to 10:35
Percentile
DIRECTION Northbound
85% SPEED 56
10 43 - 52 MPH
10 mph PACE
10 AVG. SPEED 49 MPH
Speed (MPH)
POSTED SPEED 40 MPH
MPH
70 69
68 67
66 65
64 63
62 61
60 59
58 57 XX
56 X X
55 54
53 X XX X
52 X
51 50 X X X X
X
xxxx
X X
X
xxx xx× + 0
xxxxx× X
xxxxxx×
TOTAL:

Page 1 of 3 ends

Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.

Hanford, CA 93230 901 East Main St
Metro Traftic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME Farmersville Rd
LIMITS btwn Terry Ave / Walnut Ave
speed curve
LATITUDE 36.3141904
100 LONGITUDE -119.2069954
90 DATES/TIMES: 11/30/2022
09:55 to 10:35
Percentile
DIRECTION: _ Southbound
85% SPEED 55
10 mph PACE _ 43 - 52 MPH
30 10 AVG. SPEED 48 MPH
Speed (MPH)
POSTED SPEED 35 MPH
MPH
70 o 00
68 67
• • 0
65 64
63 X
61 60 X
59 X 2
58 57 4
56 55 X X
54 X
53 X
52 51 7
xxxxxx× xxx> xxxxxxx x x× x x× x x×
xxxxxxxxxx× 1
xx X X
X X
TOTAL:_

Page 2 of 3 ends

Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.

Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Farmersville Rd
LIMITS biwn Terry Ave / Walnut Ave
speed curve
LATITUDE 36.3141904
100 LONGITUDE -119.2069954
90 80 DATES/TIMES: 11/30/2022
09:55 to 10:35
Percentile
DIRECTION Northbound + Southbound
85% SPEED 55
10 mph PACE 43 - 52 MPH
35 10 AVG. SPEED 49 MPH
Speed (MPH)
POSTED SPEED 40 MPH / 35 MPH
MPH
70 68
67 66
65 64
63 62
61 X
xx
60 X
59 X 2
58 X X 2
57 X 11
56 55 X
54 53 X X X
52 X
51 X 14
50 X X 16
xxxx xxxx xxxx xxx× xxX
48 X 8
X X X x 13
45 X 10
xxx×
44 xx× xx× 11
43 X
X X X
40 XXXX
0 o
TOTAL: 200

Page 3 of 3 ends

CITY OF

FARMERSVILLE
City Council
Staff Report 8F
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE:

SUBJECT: AB 361 and Teleconferenced Meetings
RECOMMENDED ACTION:

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

BACKGROUND and DISCUSSION:

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

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

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

On October 17, 2022, Governor Newsom announced that he will end the State of Emergency on February 28, 2023, so AB 361 will also come to an end at that time. Meanwhile, staff respectfully requests findings by the City Council and direction at this time.

ATTACHMENT(S):

AB 361

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

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to 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, ubiect to certain provisions. to commence an action bv mandamus o njunction for the purpose of obtaining a judicial determination that specifier 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 provide that notice and accessibility requirements are met, the public members ar allowed to observe and address the legislative bodv at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165 2
resolving requests for reasonable accommodation for individuals with disabilities, as specified.
emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of This bill would require legislative bodies that hold teleconferenced ne the suring the pot agendas, as onserened to role merger or ne i the meeting and post agendas.
public to access the meeting and address the legisiative body, to give notice of the means by which members of the public may access the meeting and - offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the . meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local gency's control which prevents members of the public from offering publi omments, until public access is restored. The bill would specify that action 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 and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 - 3 - Ch. 165
'his bill would exclude from that prohibition, a registration requireme nposed by a third-party internet website or other online plattorm not unde the control of the legislative body.
requires at least one member of the state body to be physically present at The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the with disabilities, as specified
This bill, until January 31. 2022
are to eating and is make pose madis neil.
through teleconferencing and to
telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding 92 Ch. 165
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address he ling lativeant to Wiese precision the bail wodd suspend cubain meeting pursuant to these
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 satisty any requirement that the legislative body allow members of the public to attenc 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 (4) This bill would declare the Legislature's intent, consistent with the (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

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

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

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

SECTION 1. Section 89305.6 is added to the Education Code, to read:
39305.6. (a) Notwithstanding any other provision of this article, anc subject to the notice and accessibility requirements in subdivisions (d) an‹ (e), a legislative body may hold public meetings through teleconferencing 92 - 5 Ch. 165
the legislative body.
e) Eferenzi le pissane to his secio, all or the following regiments. eleconterencing pursuant to this section, a
in this article are suspended:
part pati in a public me loco procering beide me bet eil be 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.
allows members of the public to observe and address the meeting elephonically or otherwise electronically, consistent with the notice and any requirement that the legislative body allow members of the public to (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
applicable.
92 Ch. 165
(2) In each instance in which notice of the time of the meeting is otherwise 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 neans of public observation and comment, or any instance prior to th ffective date of this section in which the time of the meeting has beel 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 satisty this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to dhere as closely as reasonably possible to the otherwise applicabl rovisions of this article, in order to maximize transparency and provid 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.
11133. (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
for a public meeting, are hereby suspended.
2) For a state body holding a pu
suspended:
para patch telence lot or com hide me betel be
a Menta lie pete may eat to til body are
teleconference conference location.
1) A ste body die ho do re in tours enter nearly,
92 -7- Ch. 165
or otherwise electronically, consistent with the notice and accessibility equirements in subdivisions (d) and (e), Shall have satistied any requiremen hat the state body allow members of the public to attend the meeting an offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
this seton and alys lie mes in the pugie to sere in audren tho meeting telephonically or otherwise electronically, the state body shall also do both of the following:
1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer publi comment, pursuant to paragraph (2) of subdivision (e)
(e) Except to the extent this section provides otherwise, each state body • that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
public mee ad according to the fine ames opersise prescried by ach article, and using the means otherwise prescribed by this article, as applicable.
given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(t) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere s closely as reasonably possible to the otherwise applicable provisions o nis article, in order to maximize transparency and provide the public acces 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
953. (a) All meetings oi the legislative body of a local agency shi open and public, and all persons shall be permitted to attend any meeti 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 jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
it 3) If host ative at all peter le focations cond encing, teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to 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.
take The leg volatior bodental on atact shot elity reper present ior 3) Prior to taking final action, the legislative body shall orally report :
ummary of a recommendation for a final action on the salaries. salar schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during recommendation.
92 Ch. 165
-
) (1) Notwithstanding the provisions relating to a quorum in paragrat ) ot subdivision (b), it a health authorty conducts a teleconterence meetin establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
emer ry, and ative or local of a male have riposed or reconstand ed or recommended
measures to promote social distancing.
to the health or safety of attendees.
imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
92 In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, he body shall take no further action on items appearing on the meetin genda until public access to the meeting via the call-in option o internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E). The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (E) 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 (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of 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 or paragraph (), ar every 3i days theater, mar the polowing ogs by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
1) The seaf the colloing counse to xictly impact the ability of the embers to meet sately in persor
i1) State or local officials continue to impose or recommend measure to promote social distancing.
sta4) For hear oro of the pubis on seato ens or no mean a 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 4953. (a) All meetings of the legislative body of a local agency shal 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 rovided in this chapter. Local agencies shall conduct meetings subject t his chapter consistent with applicable state and federal civil rights laws nondiscrimination obligations.
all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
meeting shall be by rollcall.

Athe legislative body of a local agency elects to use teleconferencin • shall post agendas at all teleconference locations and conduc onstitutional rights of the parties or the public appearing before thi egislative body of a local agency. Each teleconference location shall bi 92 Ch. 165 - 12-
4) For the purposes of this section, "teleconference means a meetin f a legislative body, the members of which are in different locations preliminary or final.
2) The legislative body of a local agency shall publicly report any actic ken and the vote or abstention on that action of each member present f (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 I) to inspect or copy records created or received in the process of developing the recommendation.
(d) ) 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 oward the establishment of a quorum when participating in 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 uthority members from regularly meeting at a common physical site with 1e unsdiction of the authority or from using teleconference locations withi 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 Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 - 13 - Ch. 165

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 identity and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, - the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or 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 tr 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) (1) A legislative body that provides a timed public comment perio 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. (i11) A legislative body that provides a timed general public commen period that does not correspond to a specific agenda item shall not close the imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(0) The lat the elloging courses to dixitly impact the abiliy 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).
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 52232
proceeding.
(2) Teleconferencing, as authorized by this section, may be used for al purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced identified in the notice and agenda of the meeting or proceeding, and each eleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of 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 affect the public's right under the California Public Records Act (Cret or rene are do received the proces or eloping te
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 the establishment of a quorum when participating in the eleconference if at least 50 percent of the number of members that would (2) Nothing in this subdivision shall be construed as discouraging healt authority members from regularly meeting at a common physical site withir r near the jurisdiction of the authority. A teleconference meeting for whic quorum is established pursuant to this subdivision shall be subiect to a and 14007.9605 of the Weltare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety rovided in this chapter. Local agencies shall conduct meetings subject 1 his chapter consistent with applicable state and federal civil rights law including,
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 92 — 17 — Ch. 165
legislative body of a local agency. Each teleconference location shall be shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in ubdivision (d). The agenda shall provide an opportunity for members o e public to address the legislative body directly pursuant to Section 54954. at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local 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 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 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.

Sections 3.1 and 4.1 of this bill incorporate amendments t lection 54953 of the Government Code proposed by both this bill an Assembly Bill 339. Those sections of this bill shall only become operativ f (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 teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

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

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

SEC.8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and health emergency have been productive, have increased public participation by members of state bodies and reduced work hours spent traveling to and from meetings.
92 - 19 - Ch. 165
(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to people's business.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public 92

Farmersville City CouncilJanuary 9, 2023

Farmersville City Council
January 9, 2023