CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, February 13, 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: 87194979303
Password: 846409
1. Call to Order:
2. Roll Call:
3. Invocation:
4. Pledge of Allegiance:
5. Public Comment:
Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.
6. Presentations:
A. Retirement of Chief of Police Mario Krstic
7. Consent Agenda:
Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.
A. Authorization to waive full reading of ordinances and resolutions and to identify by title only.
Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.
B. Minutes of Regular City Council Meeting of January 23, 2023.
Recommend approval of minutes.
Documents: Draft Action Minutes of January 23, 2023
Request by Farmersville Youth Soccer League for Special Event Funding for Fiscal Year 2022-23
Recommend that the City Council review and approve a request from Farmersville Youth Soccer League in the amount of $1,500.
D. Request by Reencuentro Purepecha for Special Event Funding for Fiscal Year 2022-23
Recommend that the City Council review. and approve a request from Reencuentro Purepecha in the amount of $1,300.
8. General Business
A. General Plan Amendment/Zone Change 2022-03 (Camino Castaneda) Recommend that the City Council conduct a Public Hearing and vote to approve the request by:
1. Adopting Resolution 2023-008 adopting a Mitigated Negative Declaration as the environmental finding for the project;
2. Adopting Resolution 2023-009 approving a General Plan land use amendment for a portion of the site;
3. Introducing Ordinance 519 approving the zone change for a portion of the site from "CG" (General Commercial) to "RM-4.0" (Multi-Family Residential).
Documents: Resolution 2023-008
Resolution 2023-009
Ordinance 519
B. AB 361 and Teleconferenced Meetings
Recommend that the City Council provide findings and direction regarding AB 361 related to teleconference meetings.
Documents: AB 361
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. No Parking on Freedom Drive near Walnut Avenue
12. Adjourn To Closed Session
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 330 N. Farmersville Bivd.
Agency Negotiators: Jennifer Gomez and Michael Schulte
Negotiating Parties: Abelardo Ulloa
Under Negotiation: Terms and Price
13. Reconvene.to Open Session:
14. 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
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, January 23, 20236:00 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: 836 3916 8630
Password: 097817
Call to Order: 6:03 pm
Roll Call:
Attendee Name Title Status Arrived
Tina Hernandez Mayor Present 6:00 pm
Danny Valdovinos Mayor Pro Tem Present 6:00 pm
Greg Gomez Council Member Present 6:00 pm
Paul Boyer Council Member Present 6:00 pm
Armando Hinojosa Council Member Present 6:00 pm
Invocation: Mayor Hernandez
4. Pledge of Allegiance: Councilmember Boyer
5. Public Comment: none given
Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.
Attorney Michael Schulte advised Council that there was a clerical error on the consent agenda regarding minutes. Listed were the minutes from December 12, 2022; however, it should have been January 9, 2023. He also recommended that Item 6A, Recognition of Mayor Hernandez, be moved to item 8A due to the voting process and item 8A, adopting Mid-Year Budget, be moved to 8B.
Presentations:
Recognition of Mayor Tina Hernandez as the first Latina Mayor of the City of Farmersville
See item 8A
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.
Councilmember Boyer pulled items 7B and 7l for discussion.
A. Minutes of Regular City Council Meeting of January 9, 2023.
Recommend approval of minutes.
Documents: Draft Action Minutes of December 12, 2022
B. Finance Update for December 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 the previous month.
Documents: December 2022 Warrant Register
Investment Summary December 2022
Councilmember Boyer inquired about the city's investment rates. Steve Huntley, Director of Finance and Administration, answered questions and concerns from Councilmember Boyer.
Motion to approve item 7B
RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Boyer'
SECONDER: Councilmember Gomez
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT:
Letter of Support of SB X1-2: Transportation fuels: maximum gross gasoline refining margin
Recommend, that the City Council approve the Letter of Support.
Documents: Fact Sheet - Price Gouging Penalty
FAQ - Price Gouging Penalty
Letter of Support
D. Request by Rocken Seniors for Special Event Funding for Fiscal Year 2022-23
Recommend that the City Council deny a request from Rocken Seniors for funding.
Documents: Event Funding Application
Request by Farmersville Elite Soccer Club for Special Event Funding for Fiscal Year 2022-23
Recommend that the City Council review and approve a request from Farmersville Elite Soccer Club in the amount of $1,375.
Documents: Event Funding Application
F. Request by Farmersville Youth Cheer for Special Event Funding for Fiscal Year 2022-23
Recommend that the City Council review and approve a request from Farmersville Youth Cheer in the amount of $1,500.
Documents: Event Funding Application
G. Waive the Second Reading and adopt Ordinance 518 approving a zone change for the site from "CG" (General Commercial) to "RM-
2.5" (Multi-Family Residential) - Camarillo
Recommend that the City Council waive the second reading and adopt Ordinance 514 approving a zone change for the site from "CG" (General Commercial) to "RM-2.5" (Multi-Family Residential).
Documents: Ordinance 518
H. Consider Resolution # 2023-005 approving the submission of an application for the Public Benefits Grant Program with the San Joaquin Valley Air Pollution Control District
Recommend that Council consider and approve Resolution 2023-005.
Documents: Resolution 2023-005
SJVAPCD Grant Application
SJVAPCD Public Benefit Grant Program Guidelines
Dealer Quote
Chevy Bolt Fact Sheet
1. Fire Station #83 Release of Statement of Qualifications Recommend that the City Council authorize the City Manager to release the Request for Statement of Qualifications (RFSQ) to solicit Design-Build Entities (D-BE) for the design and construction of Fire Station #83 on Front Street west of Farmersville Boulevard.
Documents: Fire Station #83 Design Build RFSQ
Councilmember Boyer inquired about the design of the New Fire Station. City Manager Jennifer Gomez briefly discussed some of the possible design ideas from historic buildings in the City. Is. Gomez hopes to incorporate design styles, such as brick and archways. Chief Krstic also informed Council that when the RFP is issued, detailed information is required on the design of the New Fire Station.
Councilmember Gomez requested a summary of the timeline for the build.
John Doyel from QK informed Council that the RFP should be going out by the end of March, the City will be accepting proposals beginning of May, and by June, Council should be awarding the contract to a contractor.
Motion to approved item 7l
RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Boyer
SECONDER: Mayor Pro Tem Valdovinos
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT:
Resolution Authorizing Representative to Submit an Application for Financial Assistance and Execution of any Agreement or
Amendments with the State Water Resources Control Board Recommend that the City Council adopt Resolution 2023-006. • Documents: Resolution 2023-006
Motion to approve items 7A, 7C, 7D, 7E, 7F, 7G 7H and 7J.
RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Boyer
SECONDER: Councilmember Gomez
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT:
8. General Business
Recognition of Mayor Tina Hernandez as the first Latina Mayor of the City of Farmersville.
The City Council presented Tina Hernandez with a signed resolution to recognize her as the first Latina Mayor of the City of Farmersville.
RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Boyer
SECONDER: Councilmember Gomez
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT:
Consider Approving Resolution 2023-003 adopting Mid-Year Budget Amendment for Fiscal Year 2022-23
Recommend that the City Council approve Resolution 2023-003 adopting the Mid-Year Budget Amendment for Fiscal Year 2022-23.
- Documents: Resolution 2023-003
Mid Year FY 2023 Budget Journal
Mid Year FY 2023 Budget
Mid Year FY 2023 CIP
Steve Huntley Director of Finance and Administration, gave a PowerPoint Presentation regarding the Mid-Year Budget Amendment for Fiscal Year 2022-2023. Mr. Huntley discussed the current year's progress, the proposed changes, and the budget's financial health content. Mr. Huntley responded to questions and concerns from the Council.
Councilmember Hinojosa inquired about the purchasing of new Police Cars. Steve Huntley Director of Finance and Administration advised Mr. Hinojosa that the City purchases three new Police cars every other year.
Motion to approve Resolution 2023-003 Mid-Year Budget Amendment.
RESULT: APPROVED (UNANIMOUS)
MOVER: Mayor Pro Tem Valdovinos
SECONDER: Councilmember Boyer
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT: 0
Council Reports
A. City Council Updates and Committee Reports
Councilmember Gomez attended the Latino Caucus Board Retreat. Mr. Gomez informed Council that Homelessness, Housing Affordability, Public Safety, and Local Revenue was discussed.
Mayor Hemandez attended Larry Micari's event for re-election.
10. Staff Communications:
City Manager Gomez reminded Council about the Strategic Planning meeting that will be on February 6, 2023. Ms. Gomez also let Council know that Feb 13 will be Chief Krstic's last meeting before retiring on Feb. 14'h.
Battalion Chief Thomas informed the Council that the school district donated a structure so the fire company could do hands-on training.
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. Adjournment:
. Mayor Hernandez adjourned the meeting at 7:14 pm
Respectfully submitted.
Rochelle Giovani
City Clerk
Strong Roots..... Growing Possibilities
CITY OF
FARMERSVILLE
City Council
Staff Report 7C
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: February 13, 2023
SUBJECT: Request by Farmersville Youth Soccer League for Special Event Funding for Fiscal Year 2022-23
RECOMMENDED ACTION:
It is recommended that the City Council review and approve a request from Farmersville Youth Soccer League in the amount of $1,500.
BACKGROUND and DISCUSSION:
The City Council established an annual grant program in which funds may be awarded to applicants that fund activities or events which will benefit the community. The Farmersville Youth Soccer League has requested $1,500 to assist with their expenses pertaining to their 2023 Soccer Camp taking place on February 18 and 19.
Councilmembers Gomez and Valdovinos have reviewed the application and recommend the approval of $1,500.
FISCAL IMPACT:
Approving this request will leave a balance of $6,525 in the Special Event Budget in the current fiscal year.
ATTACHMENTS):
CITY OF
FARMERSVILLE
City Council
Staff Report 7D
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: February 13, 2023
SUBJECT: Request by Reencuentro Purepecha for Special Event Funding for Fiscal Year 2022-23
RECOMMENDED ACTION:
It is recommended that the City Council review and approve a request from Reencuentro Purepecha in the amount of $1,300
BACKGROUND and DISCUSSION:
The City Council established an annual grant program in which funds may be awarded to applicants that tund activities or events which will benefit the community. The Reencuentro Purepecha is a gathering of indigenous people of the North Western region of Michoacán Mexico. For the past several years this event has taken place in the City of Farmersville and has drawn attendees from as far away as Seattle, Chicago, and the Carolinas.
This cultural event is open to the public at no cost and is scheduled for October 14, 2023.
Reencuentro Purepecha has requested $1,300 to assist with their expenses.
Councilmembers Gomez and Valdovinos have reviewed the application and recommend the approval of $1,300.
FISCAL IMPACT:
Approving this request will leave a balance of $5,225 in the Special Event Budget in the current fiscal year.
ATTACHMENT(S):
AGENDA
CITY 0P
FARMERSVILLE
Staff Report
TO: Honorable Mayor and Members of the Farmersville City Council FROM: Karl Schoettler, City Planning Consultant
DATE: February 13, 2023
RE: General Plan Amendment/Zone Change 2022-03 (Camino Castaneda) RECOMMENDED ACTION:
The project includes several approvals for the development of a 7.5t acre site (on the north side of Walnut Avenue and the east side of Farmersville Boulevard) with a mixed-use project including retail commercial, gas station/convenience store, fast food restaurant and also 24 residential duplexes.
It is respectfully recommended that the City Council conduct a public hearing and vote to approve the request by:
1. Adopting Resolution 2023-008 adopting a Mitigated Negative Declaration as the environmental finding for the project
2. Adopting Resolution 2023-009 approving a General Plan land use amendment for a portion of the site;
3. Introducing Ordinance 519 approving the zone change for a portion of the site from "CG" (General Commercial) to "RM-4.0" (Multi-Family Residential).
ANALYSIS
The application is a series of planning approvals for a development project on two parcels covering approximately 7.5+ acres northeast of Walnut Avenue and Farmersville Boulevard. Map 1 shows the site location and Map 2 is an aerial photo.
The project is unique in that it will feature the close placement of residential and commercial uses. This type of design (known as "mixed use") is strongly encouraged by policies in the Farmersville General Plan for a number of reasons. It will allow residents to walk to commercial uses instead of having to drive. This has a number of benefits, including reduced air pollution, reduced greenhouse gases, reduction in fuel use, reduction in traffic and more opportunities for fitness and exercise, among others.
It is intended that the duplexes will also form a buffer between the commercial uses and existing rural dwellings that are located immediately east of the site - better than would occur if the commercial buildings backed up immediately to the property line and overlooked the rural homes.
Farmersville City Council Camino Castaneda Project (2/13/2023) Project Overview
Exhibit 1 shows that the project proposes the westerly 2/3 of the site for a commercial shopping center and the easterly third for residential duplexes. Key features of the project include:
Commercial Portion
The commercial development is generally situated within the north and western halves of the site.
The gas station/convenience store will occupy the northwest corner, with the fast food restaurant south of that. A main entrance lane from Farmersville Boulevard will separate these uses. The main 23,000 s.f. building will be situated behind, to the east, with a relatively large parking lot occupying the space in front. A second drive connection will be provided to the south, behind the existing Rite-Aid store. A service lane (for delivery vehicles) will be situated behind the main building. A third access lane will run east-west along the north side of the site, providing a second access to Farmersville Boulevard.
Specific improvements for the commercial portion include:
• A commercial building containing 23,000 square feet. This building could be used for retail commercial uses or a medical clinic
• A connected retail commercial building containing 2,390 square feet, for use by small retailers, restaurants and offices
A fast food restaurant with drive-thru lane
A gas station and convenience store (with drive-thru lane) and 12 fueling positions under а сапору.
• Parking lots with 183 spaces
• Landscaping
Walkways
• Trash enclosures
• Lighting
• Street connections (driveways)
• Utility connections (water, sewer and storm drainage) Residential portion
The project proposes 24 residential duplexes in 12 two-story buildings within the eastern portion of the project site. Most of the units will be situated in a north/south fashion along the east property line. Each unit will have a two-car garage opening onto an access lane that will connect south to Walnut Avenue, and north to a service lane that will pass the north side of the commercial development and connect to Farmersville Boulevard. Each unit will feature a small, fenced rear yard.
Eight of the duplexes will be situated along the south side of the site. A small lane will connect the main service drive to serve these eight units. This lane will "dead-end" at its western end.
Specific improvements for the residential portion include:
• Each duplex will have 1,388 square feet of liveable space, and a two-car garage • Each duplex will have a common wall
2 Farmersville City Council Camino Castaneda Project (2/13/2023) • The project will feature on-site parking and drive aisles with guest parking (52 spaces) • Landscaping and walkways?
• A small private park for use by residents
• Street connections
• Street improvements along Walnut Avenue, including paveout, curbs, gutters and sidewalks and street lights
• Utility connections, including water, sewer and storm drainage • Fencing (7 toot concrete block walls along the east property line, and separating the site from the commercial portion)
Project Analysis
The Planning Commission has acted to approve the Site Plan Review, Conditional Use Permit and Parcel Map. requests associated with the project, and those permits do not come forward to the City Council for review, however, information regarding these topics is provided below for the City Council's information.
Circulation
The site will be served by Farmersville Boulevard and Walnut Avenue. Farmersville is designated an Arterial roadway by the Circulation Element of the Farmersville General Plan, and is intended for larger commercial projects. Walnut is designated a "Collector" roadway and is also ultimately intended to serve local and regional developments.
The project proposes four connections to these streets. The commercial portion of the project will connect to Farmersville Boulevard at two locations - near the center of the site and also along the north edge.
The commercial portion also connects to Walnut Avenue with one driveway, immediately east of the Rite Aid site.
The residential portion of the site will connect to Walnut via a driveway near the east edge of the site. The residential portion will also connect to Farmersville Boulevard via the drive lane that will run across the north edge of the site.
• A traffic study was prepared to evaluate potential circulation impacts that may result from the , project. The study found the project will generate an average traffic volume of 4,612 vehicles per day. Of these, approximately 336 will occur during the morning peak travel period and 337 will occur during the evening peak period. The study found that some intersection improvements will eventually be needed, resulting from the project as well as area-wide increases in traffic over time. It should be noted that these are in addition to improvements the development will be , required to make to the streets fronting the site (described below).
Street improvements
The project will be required to install street improvements along both street frontages. For Farmersville Boulevard (recently widened) the project will install new driveways onto the street.
For Walnut, the project will widen the street along the site frontage, and install curbs, gutters, parkways with street trees, sidewalks and street lamps. 3 Farmersville City Council Camino Castaneda Project (2/13/2023) Based on findings of the traffic study the project will also be required to extend the eastbound left turn lane on Walnut at Farmersville Blvd. The project will also be required to contribute funds toward future intersection improvements at the Walnut/Freedom and Farmersville Blvd/Front Street intersections.
Utilities
The project will be required to extend and connect to City utility lines, including water, sewer and storm drain. There are currently water, sewer and storm drain mains under Farmersville Boulevard and the project will tap these. The Public Works and Engineering Departments report there is adequate capacity in all systems to accommodate the project. In order to conserve water, all landscaping on the site will be required to meet the State's water-efficient landscape ordinance. All restrooms will feature low flow toilets and fixtures with automatic shut-off.
Architectural Design
Exhibit 2 shows the design for commercial buildings proposed in the project. The buildings are proposed with traditional commercial styles seen elsewhere in suburban commercial developments in the region. Buildings will be surfaced primarily with stucco. Visual interest is provided by using varying wall planes and varying roof heights, articulated columns, as well as arches over store entrances and tower "marquee" features. Generous use of windows will allow shoppers to be able to see inside stores and create an interesting pedestrian environment. The City will review final design and colors prior to granting a building permit.
For the rear of the building, to avoid blank walls, the project will be required to provide some visual variety and relief - such as welded steel trellises, color variations or similar architectural features.
Exhibit 3 shows proposed façade designs for the duplexes. These dwellings will be contemporary in design with stucco finishes and tile roofs. Each unit will have a two-car garage, opening to the private drive in front of the buildings.
Parcel Map
Exhibit 4 shows the proposed parcel map that will divide the site into four parcels, as follows:
Parcel 1: 0.98 acres Gas Station/Convenience Store
Parcel 2: 0.63 acres Fast Food restaurant
Parcel 3: 3.16 acres Anchor tenant and retail commercial spaces Parcel 4: 2.59 acres Residential duplexes
The key issue with a parcel map of this type is to ensure there are legal easements that allow for vehicles and utility lines crossing property lines. There is a condition of approval in the parcel map resolution to provide for this.
Lighting
The project will include exterior lighting on poles (in parking lot areas) and on the sides of buildings, to provide adequate nightime lighting for the project. In order to ensure that light does not unnecessarily illuminate neighboring parcels and streets, the project will be required to adjust light fixtures (and provide hooding devices where necessary). 4 Farmersville City Council Camino Castaneda Project (2/13/2023) Alcohol Sales
The proposed convenience store is expected to sell alcoholic beverages. This activity triggers a Conditional Use Permit (CUP) to allow for additional oversight by the City. A specific retailer has not yet been identified for the convenience store/gas station but the applicant has made a request for the CUP to provide for this type of retailer, when one is contracted. The Planning Commission voted to approve this permit at their meeting on January 18 and added a condition that additional review could be required once a retailer is secured.
Noise
Commercial developments have the potential for creating noise that may have impacts on adjoining land uses. Noise can result from traffic, delivery trucks, amplified music and drive-thru speakers, among others.
The proposed project has been designed to buffer existing dwellings to the east from the commercial uses by placing the residential duplexes between the two uses. The duplexes will also be buffered from the commercial uses by a concrete block wall and landscaping between the duplexes and commercial buildings. It is anticipated that this design strategy will mitigate noise concerns to a reasonable level.
Environmental Analysis
The City hired a consultant to prepare an environmental analysis for the project. The study was prepared consistent with CEQA (California Environmental Quality Act). The study found the project would have no significant impacts, provided that "mitigation measures" are implemented with the project's construction and operation. Specific issues and mitigation measures that were identified include:
• Air Quality - The developer will be required to devise and submit measures for reducing air quality impacts, particularly as it relates to equipment used during construction of the project. • Biological resources - The project will be required to implement measures to avoid nesting - birds on the site and surrounding properties, during construction. • Cultural resources - The project will be required to implement measures to ensure the protection of human remains and of cultural artifacts that may be discovered during construction.
• Circulation - The project will be required to pay funds toward future improvements of the intersection of Walnut Avenue/Freedom Drive and Farmersville Boulevard/Front Street. This is in addition to improvements along the site frontages, including installation of paveout, curbs, gutters, sidewalks, parkways, street trees, and street lights.
As required by law, the study was advertised and circulated for review and comments by the public and by public agencies. No comments were received that required responses or any change to the findings of the study
Planning Commission Hearing
The Planning Commission conducted a public hearing on the project on January 9, 2023. After receiving the staff report the Commission opened the hearing for public comments. The applicant and their representative spoke in favor of the project and answered questions of the Commission. 5 Farmersville City Council Camino Castaneda Project (2/13/2023) A neighboring property owner asked about water supplies for the project, in light of the ongoing drought. Staff responded that the project will be required to utilize drought-tolerant landscaping and that buildings will utilize low flow toilets and sinks with low flow, automatic shutoff valves, to reduce water use. Based on the information provided, the Commission voted unanimously to approve the Site Plan Review, Conditional Use Permit and Parcel Map, and voted unanimously to recommend the City Council's approval of the zone change, General Plan land use amendment, and adoption of the environmental finding for the project.
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:
The applicant has paid fees to cover processing of the request and will be paying fees for the building permits for the new dwellings. The project will be paying impact fees to the City prior to construction. Depending on uses that are developed on the site, businesses will be generating sales taxes based on goods sold. Individual uses will also pay monthly utility bill charges to the City.
CONCLUSION:
Based on the information provided above and review by the Planning Commission, it is recommended the City Council approve the reequest.
Respectfully submitted, Approved as to form:
Karl Schoettler Jennifer Gomez
City Planning Consultant City Manager
Attachments): Resolution 2023-008 (Environmental finding) Resolution 2023-009 (General Plan amendment)
Ordinance 519 (zone change)
Farmersville City Council Camino Castaneda Project (2/13/2023) Map 1: Location
TERESA
TERRY AVE.
AVE 291
TEDDY ST Site
DILLON
GREG
GREG
W KARSTENS
Farmersville Blvd PRVT
WCAROLYN ST
INST W MARILYN ST
WALNUT AVE Walnut Ave. (Ave. 288)
PARINIRIN
TYINTACT AVE
STEVEN AVE MATTHEW AVE VENTURAAVE ASHLEY ST
TEH
W CHANDLER
CITRUS S
CITRUS CITRUS
*STEVEN AVE
MATTHEW AVE PONDEROSA ST
Railroad north
E FRONT ST.
7 Farmersville City Council Camino Castaneda Project (2/13/2023) Map 2: Aerial Photo
Location
BI
Farmersv
ah, Tals
Walnut Avenue
north
Farmersville City Council Camino Castaneda Project (2/13/2023) Exhibit 1: Proposed Site Plan
9 10
Exhibit 2: Commercial Facade Drawings
Camino Castaneda Project (2/13/2023) Farmersville City Council Farmersville City Council Camino Castaneda Project (2/13/2023) Exhibit 3: Residential Facades
NOUVATi D.TA8/117022
BE
11 Farmersville City Council
NOVEMBER 17, 2022
CAMINO CASTANEDA TPM
SITE DATA:
AMN
11120002
C6, AM-25
LACHERCEN
RESIDENTIAL
CENERAL MAN DESIGNATION: GENERAL COMMERCIA
(1,031 SF UNIT)
IS GROSS AC
2 12 NSTALLS CH BEQUIRED._ PROPOSES
OR 72 Exhibit 4: Proposed Parcel Map
GAS STN. STORE W/ DRIVE-THRU 11 STD; 1 ACCESSIELE STO
AST FOOD VI/ DRIVE-THRU
CANCERY E
TOTAL (W/ MEDICAL)
PARKING STALLS (0M4-2.5
REQUIREC B6 STO: 2 ACCESSIBLE STD
;2/DUPLEX UNIT + 1 STALL/3 DU)
Camino Castaneda Project (2/13/2023)
WALNUT AVE..
ORDINANCE NO. 519
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 ocated on the north side of Walnut Avenue and the east side of Farmersville Blvd Assessor Parcel Numbers 111-290-002 and 111-290-014) 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 13th day of February, 2023 passed and adopted at a Regular meeting of the City Council held on the _ _day of February, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Tina Hernandez, Mayor
Farmersville City Council
Rochelle Giovanni, City Clerk
City of Farmersville
Farmersville City Council
Ordinance 519 (Camino Castaneda)
Exhibit 1: Proposed Zoning
STEN ·
PRVT
Proposed Zoning:
"RM-4.0"
YN ST Farmersvill
YN ST
WALNUT AVE
HARTLEY AVE
BANQUEITE EDOM DR
ASHLEY ST north
RESOLUTION 2023-009
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 2022-03
(CAMINO CASTANEDA).
WHEREAS, the City of Farmersville has received an application from ECP LP Armando Vanuelos, PO Box 1109, Visalia, CA 93279, to amend zoning and land use designations for a 7.4tacre site located on the north side of Walnut Avenue and the east side of Farmersville Boulevard. The Assessor Parcel Numbers are 111-290-002 and 111- 290-014, and
WHEREAS, the General Plan Amendment proposes to amend the land use designation for a portion of the east side of the site from "General Commercial" to "Medium Density Residential". The associated zone change proposes to amend the zoning of the same area from "CG" (General Commercial) to the "RM-4.0" (Low Density Multi-Family Residential) zone, and
WHEREAS, associated actions related to the site include a Site Plan Review, Conditional Use Permit and Parcel Map to facilitate a mixed-use development, and WHEREAS, the Farmersville Planning Commission previously conducted a public hearing on January 18, 2023 to consider this request and voted unanimously to recommend approval to the City Council of the General Plan amendment and zone change, and
WHEREAS, property owners within 300 feet of the subject parcels were notified of the City Council's hearing and a public hearing notice was published ten (10) days prior to the City Council's hearing, 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:
Farmersville City Council
Resolution 2023-009
General Plan Amendment 2022-03/Zone Change 2022-03 (Camino Castaneda)
1. The proposed action is consistent with the goals, objectives and policies of the 2025 Farmersville General Plan.
2. The City has prepared and circulated for public review and comment an Initial Environmental Study, consistent with the Guidelines of the California Environmental Quality Act (CEQA) The Study has found the project will have no significant impacts on. the environment, provided that mitigation measures are implemented, and a Mitigated The proposed action will not have an adverse impact on the health, safets ind welfare of residents in the neighborhood or community NOW, THEREFORE BE IT RESOLVED THAT General Plan Amendment 2022- 03 as shown on Exhibit 1 (attached), is hereby approved by the Farmersville City Council.
The foregoing resolution was adopted upon a motion of Council member _, second by Council member. -, at a regular meeting of the Farmersville City Council on the 13th day of February, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: •
Tina Hernandez, Mayor
Farmersville City Council
Rochelle Giovani, City Clerk
City of Farmersville
Farmersville City Council
Resolution 2023-009
General Plan Amendment 2022-03/Zone Change 2022-03 (Camino Castaneda) Exhibit 1: Proposed General Plan Designation
STEN E PRVT Proposed Land Use
Designation:
"Medium Density
YN ST Farmersvil Residential"
YN ST
WALNUT AVE
HARTLEY
EDOM DR
RANQU ASHLEY ST north
RESOLUTION 2023-008
BEFORE THE CITY COUNCIL
•
CITY OF FARMERSVILLE
COUNTY OF TULARE, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE
ADOPTING A MITIGATED NEGATIVE DECLARATION AS THE
ENVIRONMENTAL FINDING FOR THE CAMINO CASTANEDA PROJECT
(INCLUDING GENERAL PLAN AMENDMENT/ZONE CHANGE 2022-03, SITE PLAN REVIEW 2022-01, CONDITIONAL USE PERMIT 2022-02 AND PARCEL MAP 2022-02) WHEREAS, a request was submitted by ECP LP Armando Vanuelos, PO Box 1109, Visalia, CA 93279, for a development project on two existing parcels containing approximately 7Atacres on the north side of Walnut Avenue and the east side of Farmersville Boulevard (Assessor Parcel Numbers 111-290-002 and 111-290-014). The. project is a mixed-use development including commercial and residential components, and WHEREAS, specific requests include:
a. A General Plan Amendment to amend the 2025 Farmersville General Plan's land use map for the eastern portion of the site from "General Commercial" to "Medium Density Residential"
b. A zone change to amend the zoning of the eastern portion of the site from "CG" (General Commercial) to "RM-4.0" (Low Density Multi-Family Residential). c. A Site Plan Review for the design and development of a mixed use project including the following components:
• A commercial building containing 23,000 square feet designed for a market or medical clinic, along with additional retail commercial spaces. • A fast food restaurant with drive-thru.
• A gas station and convenience store (with drive-thru). The gas station will feature 12 fueling positions
• Parking lots with 183 spaces
• Landscaping and walkways
• Lighting
• Trash enclosures
• Walls
-1-
Farmersville City Council
Resolution 2023-008
Environmental Finding for Camino Castaneda Project
• Street improvements, including paveout, curbs, gutters, sidewalks, street lights.
• Utility connections, including water, sewer, storm drainage, and private utilities (gas, electricity, communications, etc.)
• 22 residential duplexes, including parking areas, landscaping, fencing, lighting and trash enclosures as well as street improvements and utility connections. d. A Conditional Use Permit to allow for the sales of alcoholic beverages for off-site consumption from the convenience store/gas station that is proposed within the c. A Parcel Map to divide the sile into four lots.
WHEREAS, the City has prepared an Initial Environmental Study to evaluate potential impacts to the environment that may result from the project, consistent with the Guidelines of the California Environmental Quality Act (CEQA), and
WHEREAS, the study was circulated for public review and comment, and at the end of the comment period no substantive comments had been received, and WHEREAS, the study determined the project. would have no significant impacts on the environment, provided that mitigation measures are incorporated into the design, construction and operation of the project. These measures are listed in Exhibit "A" of this resolution, and WHEREAS, the Farmersville Planning Commission previously considered this issue in a public hearing on January 18, 2023 and voted unanimously to recommend the City Council adopt the Mitigated Negative Declaration, and
WHEREAS, the City has notified property owners within 300 feet of the site of the proposed project, and has also published a notice of the City Council hearing in the newspaper, at least ten days before the hearing; and
WHEREAS, the City Council has considered this matter and accepted evidence and 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 project:
1. The project is consistent with the Farmersville General Plan and the Farmersville Zoning Ordinance, as amended.
-2-
Farmersville City Council
Resolution 2023-008
Environmental Finding for Camino Castaneda Project
2. The project will not have a significant impact on the environment provided that mitigation measures are incorporated into the project design and operation, and a Mitigared Negative Declaration has been prepared, consistent with the Guidelines of the California Environmental Quality Act. Mitigation measures are listed in Exhibit "A" of this Resolution.
3. The project will not have an adverse impact on the health, safety and welfare of residents in the neighborhood or community.
NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts a Mitigated Negative Declaration as the environmental finding for the proposed project.
The foregoing resolution was adopted upon a motion of Council member second by Council member → at a regular meeting of the Farmersville City Council on the 13th of February, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ina Hernandez, Mayo
armersville City Counc
Rochelle Giovani, City Clerk
City of Farmersville
-3-
Farmersville City Council
Resolution 2023-008
Environmental Finding for Camino Castaneda Project
Exhibit "A": Mitigation Measures
MIM AIR-1 (Air Quality):
Before a construction permit is issued for the proposed Project, the project applicant, project engines greater than 50 horsepower shall have engines that meet either EPA or CARB Tier 4 Final off-road emission standards except as otherwise specified herein. If engines that comply with Tier 4 Final off-road emission standards are not commercially available, then the construction contractor shall use the next cleanest piece of off-road equipment (e.g., Tier 4 Interim) that is commercially available. For purposes of this project design feature, "commercially available" shall mean the equipment at issue is available taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the project site of equipment. If the relevant equipment is determined by the project applicant to not be commercially available, the contractor can confirm this conclusion by providing letters from at least two rental companies for each piece of off-road equipment that is at issue.
BIO-1 (Nesting birds):
1. To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August.
2. If it is not possible to schedule construction between September and January, pre-construction survéys for nesting birds shall be conducted by a qualified biologist to ensure that no active nests Will be disturbed during the implementation of the Project. A pre-construction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact areas. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction- free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.
CUL-1 (Cultural Resources):
• Before initiation of construction or ground-disturbing activities associated with the Project, the City shall require all construction personnel to be alerted to the possibility of buried cultural resources, including historic, archeological and paleontological resources; -4-
Farmersville City Council
Resolution 2023-008
Environmental Finding for Camino Castaneda Project
• The general contractor and its supervisory staff shall be responsible for monitoring the construction Project for disturbance of cultural resources; and • If a potentially significant historical, archaeological, or paleontological resource, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains or trash deposits are encountered during subsurface construction activities (i.e., trenching, grading), all construction activities within a 100-foot radius of the identified potential resource shall cease until a qualified archaeologist evaluates the item for its significance and records the item on the appropriate State Department of Parks and Recreation (DPR) forms. The archaeologist shall determine whether the item requires further study. If, after the qualified archaeologist conducts appropriate technical analyses, the item is determined to be significant under California Environmental Quality Act, the archaeologist shall recommend feasible mitigation measures, which may include avoidance, preservation in place or other appropriate measure, as outlined in Public Resources Code section 21083.2.
The City of Farmersville shall implement said measures.
CUL-2 (Cultural Resources):.
The Project applicant shall incorporate into the construction contracts) a provision that in the event a fossil or fossil formations are discovered during any subsurface construction activities for the proposed Project (i.e., trenching, grading), all excavations within 100 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the Project applicant, who shall coordinate with the paleontologist as to any necessary investigation of the find. If the find is determined to be significant under CEQA, the City shall implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code section 21083.2.
TRA-1 (Circulation):
Prior to issuance of building permit, the Project shall pay its fair share cost percentages and/or construct the improvements (identified in the project's Traffic Impact Analysis) to the intersections at Farmersville Boulevard and Front Street, Walnut Avenue and Freedom Avenue, and Farmersville Boulevard and Walnut Avenue.
-5-
CITY OF
FARMERSVILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: February 13, 2023
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.
ATTACHMENTS):
AB 361
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 1133 of, the Government Code, relating to open meetings, and declaring he 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 xceptions, that all meetings of a legislative body of a local agency, as thos terms are defired, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference Location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. • Executive Order No. N-29-20 suspends the Ralph M. Brown Act's 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.
This bill, until January 1, 2024, would authorize a local agency to use mposed by the Ralph M. Brown Act when a legislative body of a loca gency holds a meeting during a declared state of emergency, as that tern is delined, when state or local heaith officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of - attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from 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
1s bil would exclude trom that ore
the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with pecified exceptions, that all meetings of a state body be open and publi nd all persons be permitted to attend any meeting of a state body. The ac requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state swdy ly resolving requests for seatshady accommodurn for indiand This bill, until January 31, 2022, would authorize, subject to specified lotice and accessibility requirements, a state body to hold public meeting through teleconferencing and to make public meetings accessibl telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each 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 authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 - 4
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.
Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address he meeting telephonically or otherwise electronically would satisfy any equirement that the legislative body allow members of the public to atten‹ the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the (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 5) The California Constitution requires local agencies, for the purpos f ensuring public access to the meetings of public bodies and the writing 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 The people of the State of California do enact as follows:
(e), a legislative body may hold public meetings through teleconferencing 92 - 5- •Ch. 165
electronical pubil mecirs of accessible elim on dalry and otherise the legislative body.
(b) (1) For a legislative body holding a public meeting through tele terencing pisan o seal the wing regularent.
in this article are suspended:
party patch in conteme logion cret tide me bet it be
and agenda of the public meeting or proceeding.
(C) Man tas on terence lie may be aces the leg thrive body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at c) A legislative body that holds a meeting through teleconferencing anc llows members of the public to observe and address the meeting may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
hich members of the pu
body at holds a meeting tree leonere in pursuan ch les sedation 92 Ch. 165 - 6-
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and otter 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 the effective date of this section in which the time of the meeting has beer 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 adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and (b) (1) For a state body holding a public meeting through for a public meeting, are hereby suspended.
suant to state body, old in the pole meting through teleconferencin ursuant to this section. a
suspended:
A) Each teleconference location from which a member will b articipating in a public meeting or proceeding be identified in the notic and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
mem) ers ofe he dy tic to dame ding tadre the meeting telephonically 92 — 7— Ch. 165
or otherwise electronically, consistent with the notice and accessibility offer public comment.
this fro and odys me a me in trugh entere in purest o
meeting telephonically or otherwise electronically, the state body shall also do both of the following:
in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by vhich members of the public may observe the meeting and offer publi omment, pursuant to paragraph (2) of subdivision (e)
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of he means by which members of the public may observe the meeting anc offer public comment. As to any instance in which there is a change in th 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 need not be limited to, posting such means on the state body's internet 1) All state bodies utilizing the teleconterencing procedures in this sectio re urged to use sound discretion and to make reasonable eftorts to adhes as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165 -8-
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
2) Teleconterencing, as authorized by this section, may be used for a urposes in connection with any meeting within the subject matt jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
cocontre race of the a mas or the pite a peristory and
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconterence 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 • provide an opportunity fo
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) (I) No legislative body shall take action by secret ballot, whether preliminary or final.
2 The legislative body of local generall policy report any cir aken and the vote or abstentior on that action of each member present for 3 Prior to taking final action, the legislative body shall rally rea ummary of a recommendation for a final action on the salaries. salar agency executive is delh the final action is be seken. is paragrape 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.
92 Ch. 165
toleconference if a least 50 percention the nuaber of micia that ltd oward the establishment of a quorum when or near the jurisdiction of the authority. A teleconference meeting for which , a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
• (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has I2 or more members.
of the following circumstances:
4) The legislative body holds a meeting during a proclarmed state c nergency, and state or local officials have imposed or recommende measures to promote social distancing.
to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivisior shall do all of the following
92 Ch. 165 — 10—
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of' the public may access the meeting and ofter public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-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 internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online 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 11) A legislative body that does not provide a timed public commen eriod. but takes bublic comment separatelv on each agenda item. shal 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. i1) A legislative body that provides a timed general public commer eriod that does not correspond to a specific agenda item shall not close tr public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed 92 r
- 11 - Ch. 165
(3) If a state of emergency remains active, or state or local officials have to parateren 1), for every i days terenter, barth phow dings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(1) The staft be colleging reumstan tes exectly impact the ability of the members to meet safely in person.
or oa ra montinue to impose or commend measure
to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
eleconference meetings in a manner that protects the statutory an constitutional rights of the parties or the public appearing before th legislative body of a local agency. Each teleconference location shall be 92 Ch. 165 -12-
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(C) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
2) The legislative body of a local agency shall publicly report any actior taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This 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 the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity 140803 8, and 14087-9603 or tie Welfare and institutions Cote, any Joint powers authority created pursuant to Article 1 (commencing with Sectior 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 - 13- Ch. 165
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code it the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with he requirements of paragraph (3) of subdivision (b) if the legislative bod omplies with the requirements of paragraph (2) of this subdivision in an of the following circumstances:
engency, end stave or local of ails have impose or moment measures to promote social distancing.
to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of nergency and has determined, by majority vote, pursuant to subparagrap 3), that, as a result of the emergency, meeting in person would prese imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. n each instance in which notice of the time of the teleconferenced meeting s otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the • local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, agenda until public access to the meeting via the call-in option o nternet-based service option is restored. Actions taken on agenda items 92 Ch. 165 - 14-
the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (1) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has (i) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be ublic comment period or the opportunity to register, pursuant t ubparagraph (F), until the timed general public comment period has elapsec ) It a state of emergency remains active, or state or local officials ha aposed or recommended measures to promote social distancing, in ord to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after leconferencing for the first time pursuant to subparagraph (A), (B), or (( f paragraph (1), and every 30 days thereafter, make the following finding by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
9) Any of the following circumstances exisi
i) The state of emergency continues to directly impact the ability of th members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
1) For the purposes of this subdivision, "state of emergency" means ate of emergency proclaimed pursuant to Section 8625 of the Californi Emergency Services Act (Article 1 (commencing with Section 8550) of (D This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
be gesand public, and i persons stali be permited to ated ay me eing! 92 - 15- Ch. 165
of the legislative body of a local agency, except as otherwise provided in (2) Teleconferencing, as authorized by this section, may be used for all urposes in connection with any meeting within the subject matte urisdiction of the legislative body. All votes taken during a teleconference meeting shall be by rollcall.
identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the • teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of 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 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 shal not atenge pubics right underthe Cat bria Finic Records c This paragraph (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) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 - 16-
members who are outside the jurisdiction of the authority may be counted oward the establishment of a quorum when participating in th eleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over a hiconferee ny exer, as assdition, and the coals, authy, that ovides any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Sectior 5500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
proceeding authorized by law. The teleconferenced meeting or proceeding • shall comply with all requirements of this chapter and all otherwise • applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall
(3) If the legislative body of a local agency elects to use teleconferencing it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 - 17- Ch. 165
legislative body of a local agency. Each teleconference location shall be 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.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
taken he the live boden a late act shal alone or present one 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 counter toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that woul 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 constried 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 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 Code if the advisory committee has 12 or more members.
Sesion 5495 oi the Goyer ment ode bil posed by bolm tis bill and if (1) both bills are enacted and become effective on or before January 1 2022, but this bill becomes operative first, (2) each bill amends Sectior 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 metings 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, turtner, withın the meanıng ot paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as iț 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 Meting 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 metings in lieu of physical location meetings, and •
92 -19 - Ch. 165
(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this ac protects the health and safety of civil servants and the public and does no preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location people's business.
The facts constituting the necessity are:
of emergencies, it is necessary that this act take effect immediately. 92