Agenda packet — Lindsay City Council, February 14, 2023 (part 1 of 2)

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on February 14, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.

Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE
Led by Mayor CERROS.

4. APPROVAL OF AGENDA

5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.

6. COUNCIL REPORT

7. CITY MANAGER REPORT

8. RECOGNITION ITEMS

8.1 Proclamation in Honor of Black History Month (p. 5)

9. PRESENTATION ITEMS

9.1 Upcoming Lindsay Wellness Center Events
Presented by Stephanie Orosco, Interim Recreation Services Director

9.2 City Development Update
Presented by Neyba Amezcua, Director of City Services & Planning February 14, 2023 Regular Meeting of the Lindsay City Council

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10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.

10.1 Minutes from January 24, 2023, Regular Meeting (pp. 6 – 11)

10.2 Warrant List for January 17, 2023, through February 05, 2023(pp. 12 – 24)

10.3 Treasurers Report for January 2023 (p. 25)

10.4 Minute Order Approval of Resolution 23-03, A Resolution of the City Council of the City of Lindsay Approving and Adopting the Amended City of Lindsay City Council Handbook (pp. 26 – 160)

10.5 Second Reading of Ordinance No. 605, An Ordinance of the City of Lindsay Amending Title Eight (8) Health and Safety, Recycling and Diversion of Construction and Demolition Debris of the Lindsay Municipal Code to Comply with Current State Legislation for the Recycling and Diversion of Construction and Demolition Debris Consistent with the Goals of the California Integrated Waste Management Act and CalGreen SB 1383 Baseline Requirements, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 161 – 180)

10.6 Consider the Minute Order Approval of Addendum No. 1 to Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the Friday Night Market and Authorize City Manager to Execute Any Documents Thereto (pp. 181 – 191)

10.7 Consider the Minute Order Approval of Proposed City Hall Closure for One (1) City Hall Cleanup Day on Friday, March 17, 2023 (p. 192)

10.8 Consider the Minute Order Approval of Finding that Linda Vista Street Rehabilitation Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15301 Class 1 CEQA Guidelines and Direct City Clerk to File a Notice of Exemption (NOE) (pp. 193 – 194)

10.9 Consider Minute Order Approval of Purchase of Five (5) 2023 Ford Explorer Interceptor Police Vehicles and Recognize Phil Long Ford of Denver, LLC. as a Sole-Source Provider for the Purchase (pp. 195 – 197)

11. ACTION ITEMS

11.1 Consider Approval of Resolution 23-05, A Resolution of the City Council of the City of Lindsay Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and Authorizing a Hybrid Meeting Format of the Legislative Bodies of the City of Lindsay to Allow Attendance In Person or Teleconference February 14, 2023 Regular Meeting of the Lindsay City Council

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Pursuant to Government Code Section 54953(e)(3) until February 28, 2023 and Information on Newly Passed Assembly Bill 2449 (pp. 198 – 206)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager

11.2 Consider Approval of Job Description for the Lead Lifeguard Job Position (pp. 207 – 212) Presented by Stephanie Orosco, Interim Director of Recreation

11.3 Consider Date for Special Meeting of the Lindsay City Council to Tour City Water & Sewer Facilities (p. 213)
Presented by Joseph M. Tanner, City Manager

11.4 Special Event Permit No. 23-01 (pp. 214 – 242)
A. Consider Application for Special Event Permit (SEP) No. 23-01 for a Brewfest at Olive Bowl/Kaku Park Located at Accessor’s Parcel Numbers (APNs) 205-320- 001 & 205-030-044 on March 18, 2023
B. Consider Fee Waiver for Special Event Permit (SEP) No. 23-01 for a Brewfest at Olive Bowl/Kaku Park Located at Accessor’s Parcel Numbers (APNs) 205-320- 001 & 205-030-044 on March 18, 2023
Presented by Neyba Amezcua, Director of City Services & Planning

12. PUBLIC HEARINGS

12.1 First Reading of Ordinance No. 607, An Ordinance of the City of Lindsay Enacting Chapter

15.03 of Title Fifteen (15) of the Lindsay Municipal Code to Set Forth Procedures and Expediting the Permitting Process for Electric Vehicle Charging Systems, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 243 – 252)
Presented by Neyba Amezcua, Director of City Services & Planning

13. EXECUTIVE (CLOSED) SESSION

13.1 Conference with Real Property Negotiators
Pursuant to Cal Gov. Code § 54956.8
Property: Portion of City Park (APN 201-150-003), Lindsay, California 93247 Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: City of Lindsay
Under Negotiation: Terms and Conditions of Potential Sale

14. REQUEST FOR FUTURE ITEMS

15. ADJOURNMENT
February 14, 2023 Regular Meeting of the Lindsay City Council

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Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.

February 14, 2023 Regular Meeting of the Lindsay City Council

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Proclamation
WHEREAS, the Lindsay City Council takes pride in recognizing February 2023 as Black History Month, celebrating the many notable contributions that people of African descent have made to our community, state, and country; and WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm the importance of Black history throughout our American experience, which dates thousands of years and includes some of the greatest, most advanced and innovative societies that we can all draw inspiration from; and WHEREAS, because of their determination, hard work, and perseverance, African Americans have made valuable and lasting contributions to Lindsay and our state, achieving exceptional success in all aspects of society, including business, education, politics, science, athletics and the arts; and WHEREAS, this observance presents a special opportunity to become more knowledgeable about Black heritage and to honor the many Black leaders who have played a part in the progress of our community;
NOW, THEREFORE, BE IT RESOLVED, I, Hipolito Angel Cerros, Mayor of the City of Lindsay, do hereby proclaim February 2023 as Black History Month in Lindsay.

IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 14th Day of February of 2023.

LINDSAY CITY COUNCIL
_____________________________
Hipolito A. Cerros, Mayor
February 14, 2023 Regular Meeting of the Lindsay City Council

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LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA

MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on January 24, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.

Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. ROLL CALL
Present Mayor Pro Tem Flores
Mayor Cerros
Council Member Caudillo
Council Member Sanchez
Council Member Serna

3. PLEDGE
Led by Council Member SERNA.

4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (4-0) AYE ABSENT AYE AYE AYE

February 14, 2023 Regular Meeting of the Lindsay City Council

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x Public comment from Miguel Ramirez with Southern California Gas. Informed that Winter gas bills in California are expected to double or go up higher due to national regional markets, below normal temperatures, natural gas demand for heating, reduced supply from Canada, reduced interstate pipeline supply, and low natural gas storage levels. He recommended that residents lower their home thermostat to save gas and visit the Southern California Gas website for more information.
x Public comment from Mercy Herrera. Stated that she would like the City Council to discuss and reconsider billing sewer and refuse on the County property tax rolls. x Public Comment from Clayton Smith from Congressman David Valadao’s office. Shared that Lindsay is now represented by Congressman Valadao due to redistricting. He has met with City Staff members and Lindsay Chamber of Commerce Staff to learn more about Lindsay. He looks forward to getting to know Lindsay more and hopes to be a resource at the federal level. He hopes to do everything he can to assist Lindsay residents, especially farmworkers.

6. COUNCIL REPORT
x Council Member SERNA was happy to see all the new faces in the council chambers. SERNA stated that he unfortunately missed the last Council meeting, but is glad to be back. SERNA attended the Lindsay Wellness Center Programming Committee meeting and there are many exciting events coming up such as; Dollars for Scholars Fundraiser, Family Camp Out, Special Olympics Polar Plunge, Health Fair, and the Orange Blossom Festival. SERNA thanked Stephanie for everything she has been doing at the Wellness Center. SERNA informed that COVID-19 is still very prominent, and that Rite-Aid Pharmacy is still offering vaccines. x Council Member SANCHEZ shared that she is glad to see a full house at tonight’s meeting, no other report to share.
x Council Member CAUDILLO attended Supervisor Larry Micari’s event this past weekend and enjoyed it very much.
x Mayor CERROS attended a meeting with Senator Padilla’s Office in which they discussed possible funding for City water projects. CERROS met with Linda Ledesma with Healthy Kids/Healthy Lindsay and appreciates all they do for the community and hopes to soon share more about their upcoming events. CERROS thanked Council Member CAUDILLO for the free items she collected and gave away to local farmworkers. CERROS thanked City Staff to attending meetings with Senator Hurtado and Congressman Valadao’s Office to discuss funding for City water projects. CERROS re-iterated his appreciation and support of the Department of Public Safety. CERROS shared that the Lindsay Chamber of Commerce Brewfest is coming up on March 18, 2023, the location is still to be determined. x CITY COUNCIL unanimously agreed to allow Mayor Pro Tem FLORES to give a report upon her arrival.

7. CITY MANAGER REPORT
x CITY MANAGER shared his sincere condolences to the families affected by the Monterey Park and Half Moon Bay Shootings.
x CITY MANAGER shared that the Lindsay Chamber of Commerce Awards Dinner is coming up on January 28, 2023.
x CITY MANAGER shared that City Staff is working diligently with Senator Hurtado’s Staff to submit a water project bill idea, and will submit similar requests to offices of other elected officials as they become available.
x CITY MANAGER shared that Frontier Communication has a permit application pending with the City. Frontier would like to provide broadband internet and phone to Lindsay residents.

February 14, 2023 Regular Meeting of the Lindsay City Council

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x CITY MANAGER shared that the Olive Bowl/Kaku Park renovation is moving ahead slowly but surely. The project is in its last planning phase and hopefully begin construction in the Spring. x CITY MANAGER met with Judyth Dreiger (Lindsay Murals) to discuss the possibility of new murals in the City made possible by grant funding.
x CITY MANAGER shared that the City has met all State Auditor recommendations as set forth in Report 2020-804. CITY MANAGER hopes that the City can eventually be removed from the Auditor’s list of High-Risk Cities.

8. RECOGNITION ITEMS

8.1 City of Lindsay Quarterly Employee Spotlight
Presented by Mari Carrillo, Human Resources Manager

9. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.

9.1 Minutes from January 10, 2023, Regular Meeting (pp. 4 – 8)

9.2 Warrant List for January 01, 2023, through January 16, 2023 (pp. 9 – 13)

9.3 Minute Order Approval of 2023-2025 City Council Goals, Strategies, and Action Plan (pp. 14 – 21)

9.4 Minute Order Approval of Facility Use Fee Waiver for the Northern California Special Olympics Polar Plunge Event at the Lindsay Wellness Center on March 25, 2023 (pp. 22 – 26)
Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS CAUDILLO (4-0) AYE ABSENT AYE AYE AYE

10. ACTION ITEMS

10.1 Consider the Approval of Trail Improvement Project Cost for the Sierra Vista Estates Landscape and Lighting Assessment District and Authorize City Manager to Execute Any Documents Thereto (pp. )
Presented by Joseph M. Tanner, City Manager
Motion to Approve Gold Option 1 Landscaping for Sierra Vista LLAD 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (4-0) AYE ABSENT AYE AYE AYE
February 14, 2023 Regular Meeting of the Lindsay City Council

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10.2 Consider the Approval of Job Description for the Police Corporal Job Position (pp. 41 – 44) Presented by Chief Rick Carrillo, Director of Public Safety Motion to Approve Item 10.2
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ CERROS (4-0) AYE ABSENT AYE AYE AYE

10.3 Consider the Approval of Resolution 23-02, A Resolution of the City Council of the City of Lindsay Approving a Contract with Lew Edwards Group (LEG) to Provide Planning, Communication, and Engagement Services for Quality-of-Life Vision, and Approving a Contract with Fairbank, Maslin, Maullin, Metz & Associates (FM3) to Conduct a Quality of Life/Satisfaction Survey for the City of Lindsay, and Authorize City Manager to Execute Any Documents Thereto (pp. 45 – 58)
Presented by Joseph M. Tanner, City Manager
x CITY CLERK noted for the record that Mayor Pro Tem FLORES joined the meeting at 7:21 PM. x Public comment from Beverly Santana. Beverly questioned if the City’s water wells can be repaired or if the City definitely needs new water wells. CITY MANAGER responded that the Water Feasibility Study is looking into that question exactly. CITY MANAGER stated that it is very difficult to build a new well in the City because of the risk of it being contaminated. x Public comment from Mercy Herrera. Mercy questioned the total cost of the contract and supports that it would be funded by ARPA funds. CITY MANAGER responded that the contract would likely be for a term of one year or less and be terminated upon completion of the work.

Motion to Approve Resolution No. 23-02
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
FLORES SANCHEZ (5-0) AYE AYE AYE AYE AYE

10.4 Consider the Approval of Resolution 23-03, A Resolution of the City Council of the City of Lindsay Approving and Adopting the Amended City of Lindsay City Council Handbook (pp. 59 – 193)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager Motion to Table Resolution 23-03 to the Next Regular Meeting 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SERNA CERROS (3-1) AYE ABSTAIN AYE AYE NAY
February 14, 2023 Regular Meeting of the Lindsay City Council

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11. PUBLIC HEARINGS

11.1 Consider Approval of Resolution 23-04, A Resolution of the City Council of the City of Lindsay Approving Conditional Use Permit No. 23-01, A Request by NFDI LLC. to Allow for an Eight (8) Acre Mini Storage Facility in the Mixed-Use (MXU) Zone for Property Located North of Tulare Road, West of the Southern Pacific Railroad Tracks (Portion of APN 201-170-010) and Finding that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Sections 15315 and 15183 of the CEQA Guidelines (pp. 194 – 205)
Presented by Curtis Cannon, Planning Manager
x Mayor opened the public hearing at 7:58 PM.
x Public comment from Darlene Mara on behalf of NFDI LLC. Informed that they are currently waiting on a will serve letter and environmental document. Hopes that once everything is received, the project can move forward in the next few months. Project is a 10-million-dollar investment, which means additional property taxes to the City, which is a good thing. x Receiving no further public comment, Mayor closed the public hearing at 8:01 PM.

Motion to Approve Resolution 23-04
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
AYE AYE (5-0) AYE AYE AYE AYE AYE

11.2 First Reading of Ordinance No. 605, An Ordinance of the City of Lindsay Amending Title Eight (8) Health and Safety, Recycling and Diversion of Construction and Demolition Debris of the Lindsay Municipal Code to Comply with Current State Legislation for the Recycling and Diversion of Construction and Demolition Debris Consistent with the Goals of the California Integrated Waste Management Act and CalGreen SB 1383 Baseline Requirements, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 206 – 226)
Presented by Curtis Cannon, Planning Manager
x Mayor opened the public hearing at 8:09 PM.
x Receiving no public comment, Mayor closed the public hearing at 8:10 PM.

Motion to Approve Item 11.2
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
AYE AYE (5-0) AYE AYE AYE AYE AYE
February 14, 2023 Regular Meeting of the Lindsay City Council

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12. EXECUTIVE (CLOSED) SESSION

12.1 Conference with Real Property Negotiators
Pursuant to Cal Gov. Code § 54956.8
Property: 108 West Honolulu Street, Lindsay, California 93247 (APN 205-271-001) Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: Woodlake Holdings LLC
Under Negotiation: Terms and Conditions of Potential Sale x CITY CLERK noted for the official record that Council Member CAUDILLO recused herself from Closed Session item 12.1.

12.2 Public Employee Performance Evaluation – City Manager Pursuant to Cal Gov. Code § 54957(b)(1)

13. REQUEST FOR FUTURE ITEMS
x Economic Development Job Description
x Follow up on property tax roll billing
x Establishment of new committees

14. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.
x Mayor adjourned the meeting at 9:17 PM.

February 14, 2023 Regular Meeting of the Lindsay City Council

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CITY OF LINDSAY | WARRANT LIST 2/5/2023
TRANSACTION DATES: 01/17/2023 THROUGH 02/05/2023
Check# Fund Date Vendor # Vendor Name Description Amount 22799 $17,205.00
552ͲWATER 01/20/23 5344 99 PIPE LINE INC. LAFAYETTE WATER REP 17,205.00 22800 $130.72
552ͲWATER 01/20/23 007 AG IRRIGATION SALES PVC PIPES & COUPLIN 130.72 22801 $450.00
101ͲGENERAL FUND 01/20/23 3898 AMERICAN INCORPORAT 911 PARKSIDE S/A HV 450.00 22802 $886.00
101ͲGENERAL FUND 01/20/23 2323 ANDERSON FAMILY BUS C.SͲ#50220202 AUGͲD 7.00 101ͲGENERAL FUND 01/20/23 2323 ANDERSON FAMILY BUS C.S.#50220251 AUGͲD 111.00 101ͲGENERAL FUND 01/20/23 2323 ANDERSON FAMILY BUS C.M.#50220259 AUGͲD 14.00 101ͲGENERAL FUND 01/20/23 2323 ANDERSON FAMILY BUS P.S.#50220253 AUGͲD 740.00 101ͲGENERAL FUND 01/20/23 2323 ANDERSON FAMILY BUS C.S.#50220500 AUGͲD 14.00 22803 $18,009.01
552ͲWATER 01/20/23 6630 AQUAͲMETRIC SALES, 1" IPERL TR/PL 100C 13,011.88 552ͲWATER 01/20/23 6630 AQUAͲMETRIC SALES, FIRE HYDRANT CONST 4,997.13 22804 $281.68
101ͲGENERAL FUND 01/20/23 3428 AT&T MOBILITY F.D. 287297286867 J 40.24 101ͲGENERAL FUND 01/20/23 3428 AT&T MOBILITY H.R. 287297286867 J 40.24 101ͲGENERAL FUND 01/20/23 3428 AT&T MOBILITY P.S. 287297286867 J 80.48 101ͲGENERAL FUND 01/20/23 3428 AT&T MOBILITY C.S. 287297286867 J 40.24 101ͲGENERAL FUND 01/20/23 3428 AT&T MOBILITY C.M. 287297286867 J 40.24 400ͲWELLNESS CENTER 01/20/23 3428 AT&T MOBILITY W.C. 287297286867 J 40.24 22805 $382.39
101ͲGENERAL FUND 01/20/23 5457 AUTO ZONE COMMERCIA LIGHT TOWER MOTOR O 91.97 101ͲGENERAL FUND 01/20/23 5457 AUTO ZONE COMMERCIA LIGHT TOWER MOTOR O 71.97 101ͲGENERAL FUND 01/20/23 5457 AUTO ZONE COMMERCIA 6PC DRIVER SET 17.06 101ͲGENERAL FUND 01/20/23 5457 AUTO ZONE COMMERCIA MULTIͲUSE LUBRICANT 4.56 553ͲSEWER 01/20/23 5457 AUTO ZONE COMMERCIA DURALAST BATTERY 196.83 22806 $95.24
101ͲGENERAL FUND 01/20/23 5381 AWAKE SKATE SHOP JACKETS W/EMBROIDER 95.24 22807 $276.00
101ͲGENERAL FUND 01/20/23 5013 BUZZ KILL PEST CONT 801 ELMWOOD #CL801 25.00 101ͲGENERAL FUND 01/20/23 5013 BUZZ KILL PEST CONT 911 N PARKSIDE #CL9 27.00 101ͲGENERAL FUND 01/20/23 5013 BUZZ KILL PEST CONT 157 N MIRAGE #CL157 33.00 101ͲGENERAL FUND 01/20/23 5013 BUZZ KILL PEST CONT 174 SWEET BRIER#CL1 34.00 552ͲWATER 01/20/23 5013 BUZZ KILL PEST CONT 729 W HONOLULU #CL7 28.00 553ͲSEWER 01/20/23 5013 BUZZ KILL PEST CONT 23611 RD 196 #CL236 33.00 886ͲSAMOA 01/20/23 5013 BUZZ KILL PEST CONT SAMOA #CLSAMOA 43.00 887ͲSWEETBRIER TOWNHOUSES 01/20/23 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 53.00 22808 $2,572.47
101ͲGENERAL FUND 01/20/23 6351 CANON FINANCIAL SER H.R. 1/1/23Ͳ1/31/23 428.75 101ͲGENERAL FUND 01/20/23 6351 CANON FINANCIAL SER C.M. 1/1/23Ͳ1/31/23 428.75 101ͲGENERAL FUND 01/20/23 6351 CANON FINANCIAL SER F.D. 1/1/23Ͳ1/31/23 428.74 101ͲGENERAL FUND 01/20/23 6351 CANON FINANCIAL SER P.S. 1/1/23Ͳ1/31/23 428.74 101ͲGENERAL FUND 01/20/23 6351 CANON FINANCIAL SER C.S. 1/1/23Ͳ1/31/23 428.74 400ͲWELLNESS CENTER 01/20/23 6351 CANON FINANCIAL SER W.C. 1/1/23Ͳ1/31/23 428.75 22809 $572.35
101ͲGENERAL FUND 01/20/23 076 CENTRAL VALLEY BUSI BUSINESS CARDS 418.17 101ͲGENERAL FUND 01/20/23 076 CENTRAL VALLEY BUSI BUSINESS CARDS 154.18 February 14, 2023 Regular Meeting of the Lindsay City Council

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22810 $6,550.00
261ͲGAS TAX FUND 01/20/23 1702 CENTRAL VALLEY SWEE DEC. STREET SWEEPIN 6,550.00 22811 $332.92
400ͲWELLNESS CENTER 01/20/23 6500 CHARTER COMMUNICATI JAN. W.C. INTERNET 332.92 22812 $373.72
101ͲGENERAL FUND 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.39 101ͲGENERAL FUND 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.39 101ͲGENERAL FUND 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.39 552ͲWATER 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.39 553ͲSEWER 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.39 554ͲREFUSE 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.39 556ͲVITAͲPAKT 01/20/23 5832 CINTAS CORPORATION 12/14/22 UNIFORMS 53.38 22813 $2,845.33
883ͲSIERRA VIEW ASSESSMENT 01/20/23 6090 CLEAN CUT LANDSCAPE SIERRA VIEW ESTATES 1,129.00 884ͲHERITAGE ASSESSMENT DIST 01/20/23 6090 CLEAN CUT LANDSCAPE HERITAGE PARK 274.00 887ͲSWEETBRIER TOWNHOUSES 01/20/23 6090 CLEAN CUT LANDSCAPE SWEETBRIER/HERMOSA 475.00 887ͲSWEETBRIER TOWNHOUSES 01/20/23 6090 CLEAN CUT LANDSCAPE SAMOA TOWNHOMES 133.00 888ͲPARKSIDE 01/20/23 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES 197.00 889ͲSIERRA VISTA ASSESSMENT 01/20/23 6090 CLEAN CUT LANDSCAPE SIERRA VISTA ESTATE 83.33 890ͲMAPLE VALLEY ASSESSMENT 01/20/23 6090 CLEAN CUT LANDSCAPE MAPLE VALLEY 45.00 891ͲPELOUS RANCH 01/20/23 6090 CLEAN CUT LANDSCAPE PELOUS RANCH 509.00 22814 $415.50
101ͲGENERAL FUND 01/20/23 102 CULLIGAN C.S. 150 N MIRAGE 23.00 101ͲGENERAL FUND 01/20/23 102 CULLIGAN 185 N GALE HILL 50.75 101ͲGENERAL FUND 01/20/23 102 CULLIGAN 185 GALEHILLͲLATE F 0.50 552ͲWATER 01/20/23 102 CULLIGAN 18899 AVE 240 131.75 552ͲWATER 01/20/23 102 CULLIGAN 18869 AVE 240 100.75 552ͲWATER 01/20/23 102 CULLIGAN 18829 AVE 240 62.00 552ͲWATER 01/20/23 102 CULLIGAN 23965 RD 188 23.25 553ͲSEWER 01/20/23 102 CULLIGAN YARD 23611 RD 196 23.50 22815 $1,700.00
552ͲWATER 01/20/23 6118 CVIN LLC D.B.A. VAS 12/1/22Ͳ12/31/22 283.34 552ͲWATER 01/20/23 6118 CVIN LLC D.B.A. VAS 1/1/23Ͳ1/31/23 283.34 553ͲSEWER 01/20/23 6118 CVIN LLC D.B.A. VAS 1/1/23Ͳ1/31/23 283.33 553ͲSEWER 01/20/23 6118 CVIN LLC D.B.A. VAS 12/1/22Ͳ12/31/22 283.33 554ͲREFUSE 01/20/23 6118 CVIN LLC D.B.A. VAS 12/1/22Ͳ12/31/22 283.33 554ͲREFUSE 01/20/23 6118 CVIN LLC D.B.A. VAS 1/1/23Ͳ1/31/23 283.33 22816 $219.68
101ͲGENERAL FUND 01/20/23 105 DATAPRINT INC. 24#PREM CLR BD24X50 219.68 22817 $4.26
553ͲSEWER 01/20/23 1235 DELTA VECTOR CONTRO MOSQUITO,VECTOR TES 4.26 22818 $105.00
101ͲGENERAL FUND 01/20/23 316 DEPT OF JUSTICE NOV. DUI ANALYSIS 105.00 22819 $1,390.28
700ͲCDBG REVOLVING LN FUND 01/20/23 2540 DEPT.OF HOUSING & C 1/15/23 CDBG TO HCD 1,390.28 22820 $4,572.94
720ͲHOME REVOLVING LN FUND 01/20/23 2540 DEPT.OF HOUSING & C 1/15/23 HOME TO HCD 4,572.94 22821 $8,743.05
101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING MODIFY ROD GOLF CAR 35.34 101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING CUTOFF WHEEL,GRIT F 55.83 101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING BELLͲSUPPORT STRUCT 2,374.38 101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING BELLͲSUPPORT STRUCT 2,374.37 101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING BELLͲSUPPORT STRUCT 2,374.38 February 14, 2023 Regular Meeting of the Lindsay City Council

Page 13 ends

101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING BELLͲREPLACED COMPO 367.37 101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING BELLͲREPLACED COMPO 367.38 101ͲGENERAL FUND 01/20/23 119 DOUG DELEO WELDING BELLͲREPLACED COMPO 367.38 553ͲSEWER 01/20/23 119 DOUG DELEO WELDING SS FLAT EXPANDED ME 426.62 22822 $19.44
552ͲWATER 01/20/23 5185 ESEQUIEL BEDOLLA REFUND CLOSED UB AC 19.44 22823 $326.63
552ͲWATER 01/20/23 129 FEDEX 12/16/22 STANDARD P 44.36 552ͲWATER 01/20/23 129 FEDEX 12/30/22 SENSUS USA 282.27 22824 $100.54
552ͲWATER 01/20/23 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS 100.54 22825 $114.86
553ͲSEWER 01/20/23 6010 FRONTIER COMMUNICAT 559Ͳ562Ͳ6317 114.86 22826 $600.00
400ͲWELLNESS CENTER 01/20/23 6781 GARCIA WELDING & FA W.C.ͲALUMINUM RAMP 600.00 22827 $1,236.01
101ͲGENERAL FUND 01/20/23 1391 HOME DEPOT SUPPLIES FOR CAMERA 115.51 101ͲGENERAL FUND 01/20/23 1391 HOME DEPOT 8' STEP LADDER 76.34 101ͲGENERAL FUND 01/20/23 1391 HOME DEPOT P.S. PATIO SUPPLIES 1,023.69 101ͲGENERAL FUND 01/20/23 1391 HOME DEPOT MILWAUKEE SDS BIT 20.47 22828 $650.00
101ͲGENERAL FUND 01/20/23 6346 JEFF PFEIFFER JAN SQUIRREL TREATM 425.00 101ͲGENERAL FUND 01/20/23 6346 JEFF PFEIFFER OLIVE BOWL SQUIRREL 225.00 22829 $2,362.50
553ͲSEWER 01/20/23 5335 JUAN GOMEZ WWTPͲOPERATIONS 2,362.50 22830 $58,349.92
101ͲGENERAL FUND 01/20/23 6100 KEENAN & ASSOCIATES FEB. PPO 250 ACTIVE 53,799.33 101ͲGENERAL FUND 01/20/23 6100 KEENAN & ASSOCIATES FEB. 250 RETIREE 2,892.93 101ͲGENERAL FUND 01/20/23 6100 KEENAN & ASSOCIATES FEB. 500 ACTIVE 1,657.66 22831 $809.00
261ͲGAS TAX FUND 01/20/23 5542 KRC SAFETY CO., INC BRACKETS & BUCKLES 57.81 552ͲWATER 01/20/23 5542 KRC SAFETY CO., INC BARRICADE BATTERY L 751.19 22832 $926.78
101ͲGENERAL FUND 01/20/23 4067 LINCOLN NAT'L INSUR JAN. 2023 LIFE PLAN 926.78 22833 $245.80
101ͲGENERAL FUND 01/20/23 5424 LINDSAY VETERINARY 12/14/22 SPAY&NEUTE 65.00 101ͲGENERAL FUND 01/20/23 5424 LINDSAY VETERINARY 12/16/22 SPAY#25326 40.00 101ͲGENERAL FUND 01/20/23 5424 LINDSAY VETERINARY 12/20/22 SPAY#25326 40.00 101ͲGENERAL FUND 01/20/23 5424 LINDSAY VETERINARY 12/20/22 SPAY#25326 40.00 101ͲGENERAL FUND 01/20/23 5424 LINDSAY VETERINARY 12/28/22 EXAM&INJEC 60.80 22834 $2,050.00
400ͲWELLNESS CENTER 01/20/23 6260 LLEON SERVICES CHEMICAL BALANCE 1,800.00 400ͲWELLNESS CENTER 01/20/23 6260 LLEON SERVICES THERAPY POOL HEATER 250.00 22835 $722.35
101ͲGENERAL FUND 01/20/23 2933 MALLORY CO. NITRILE GLOVES 722.35 22836 $25,593.72
600ͲCAPITAL IMPROVEMENT 01/20/23 6639 MOORE IACOFANO GOLT NOV. OLIVE BOWL AAS 25,593.72 22837 $11.81
101ͲGENERAL FUND 01/20/23 5625 NGLICͲSUPERIOR VISI JAN. BILL CORRECTED 11.81 22838 $13.95
101ͲGENERAL FUND 01/20/23 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 22839 $603.39
552ͲWATER 01/20/23 6673 PACE SUPPLY CORP PVC BLUE PIPE 603.39 February 14, 2023 Regular Meeting of the Lindsay City Council

Page 14 ends

22840 $516.11
101ͲGENERAL FUND 01/20/23 276 PORTERVILLE RECORDE 12/24/22 PUBLIC NOTICE 127.01 101ͲGENERAL FUND 01/20/23 276 PORTERVILLE RECORDE 12/24/22 PUBLIC NOTICE 119.10 400ͲWELLNESS CENTER 01/20/23 276 PORTERVILLE RECORDE HEALTH CONNECTION V 270.00 22841 $25,867.52
552ͲWATER 01/20/23 4618 PROVOST & PRITCHARD WELL 11 TREATMENT 328.00 552ͲWATER 01/20/23 4618 PROVOST & PRITCHARD NOV. WATER FEASIBIL 6,570.10 553ͲSEWER 01/20/23 4618 PROVOST & PRITCHARD GWM&R EAST PONDS 645.90 553ͲSEWER 01/20/23 4618 PROVOST & PRITCHARD WWTP SAMPLE PFAS/PF 1,047.40 556ͲVITAͲPAKT 01/20/23 4618 PROVOST & PRITCHARD VITAͲPAKT CONSULT S 12,626.50 600ͲCAPITAL IMPROVEMENT 01/20/23 4618 PROVOST & PRITCHARD HERMOSA ST REHAB 462.00 600ͲCAPITAL IMPROVEMENT 01/20/23 4618 PROVOST & PRITCHARD TULARE&FOOTHILL INT 4,187.62 22842 $941.92
101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION OFFICE SUPPLIES 187.66 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION OFFICE SUPPLIES 39.23 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION CUSTOM STAMP 65.23 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION DESK ACCESSORIES 31.53 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION OFFICE SUPPLIES 268.69 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION BATTERIES 44.58 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION 6 OUTLET SURGE 14.75 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION PAPER CUTTER 59.91 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION STAPLES,DESKPAD,SUG 27.36 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION OPERATING SUPPLIES 189.29 101ͲGENERAL FUND 01/20/23 285 QUILL CORPORATION RUBBER BANDS 13.69 22843 $5,000.00
552ͲWATER 01/20/23 6095 RALPH GUTIERREZ WAT CPO WATER TREATMENT 2,500.00 553ͲSEWER 01/20/23 6095 RALPH GUTIERREZ WAT CPO SEWER TREATMENT 2,500.00 22844 $500.00
400ͲWELLNESS CENTER 01/20/23 6986 SALMA AZIZ FACILITY RENTAL DEP 500.00 22845 $66.74
101ͲGENERAL FUND 01/20/23 298 SAVE MART SUPERMARK COFFEE F.D. BREAKRO 25.48 101ͲGENERAL FUND 01/20/23 298 SAVE MART SUPERMARK CUSTOMER SVC TRAINI 41.26 22846 $216.81
400ͲWELLNESS CENTER 01/20/23 6266 SEQUOIA DOOR INC REPLACE LOCK ON ELE 216.81 22847 $42,653.16
101ͲGENERAL FUND 01/20/23 310 SOUTHERN CA. EDISON 600001505934 1,439.69 101ͲGENERAL FUND 01/20/23 310 SOUTHERN CA. EDISON 600001505934 56.30 101ͲGENERAL FUND 01/20/23 310 SOUTHERN CA. EDISON 600001505934 928.33 101ͲGENERAL FUND 01/20/23 310 SOUTHERN CA. EDISON 600001505934 967.62 101ͲGENERAL FUND 01/20/23 310 SOUTHERN CA. EDISON 600001505934ͲLATE F 229.88 101ͲGENERAL FUND 01/20/23 310 SOUTHERN CA. EDISON 700141289638ͲLATE F 53.30 261ͲGAS TAX FUND 01/20/23 310 SOUTHERN CA. EDISON 600001505934 5,996.74 552ͲWATER 01/20/23 310 SOUTHERN CA. EDISON 600001505934 19,932.10 553ͲSEWER 01/20/23 310 SOUTHERN CA. EDISON 598 MONTE VISTA DR 15.61 553ͲSEWER 01/20/23 310 SOUTHERN CA. EDISON WWTPͲ23611 RD 196 10,988.54 553ͲSEWER 01/20/23 310 SOUTHERN CA. EDISON 600001505934 487.97 556ͲVITAͲPAKT 01/20/23 310 SOUTHERN CA. EDISON 600001505934 707.72 883ͲSIERRA VIEW ASSESSMENT 01/20/23 310 SOUTHERN CA. EDISON 600001505934 29.80 884ͲHERITAGE ASSESSMENT DIST 01/20/23 310 SOUTHERN CA. EDISON 600001505934 14.51 886ͲSAMOA 01/20/23 310 SOUTHERN CA. EDISON 600001505934 15.03 887ͲSWEETBRIER TOWNHOUSES 01/20/23 310 SOUTHERN CA. EDISON 600001505934 25.90 888ͲPARKSIDE 01/20/23 310 SOUTHERN CA. EDISON 600001505934 14.51 889ͲSIERRA VISTA ASSESSMENT 01/20/23 310 SOUTHERN CA. EDISON 600001505934 190.72 890ͲMAPLE VALLEY ASSESSMENT 01/20/23 310 SOUTHERN CA. EDISON 600001505934 98.90 891ͲPELOUS RANCH 01/20/23 310 SOUTHERN CA. EDISON 600001505934 459.99 February 14, 2023 Regular Meeting of the Lindsay City Council

Page 15 ends

22848 $85.83
101ͲGENERAL FUND 01/20/23 6551 CHARTER COMMUNICATI 106076601121422 DEC 85.83 22849 $203.32
101ͲGENERAL FUND 01/20/23 6703 STERICYCLE INC 12/12/22 SHREDͲIT S 128.19 101ͲGENERAL FUND 01/20/23 6703 STERICYCLE INC 12/12/22 SHREDͲIT S 75.13 22850 $4,096.67
101ͲGENERAL FUND 01/20/23 6146 SUPERION, LLC 1/1/23Ͳ1/31/23 1,024.16 552ͲWATER 01/20/23 6146 SUPERION, LLC 1/1/23Ͳ1/31/23 1,024.17 553ͲSEWER 01/20/23 6146 SUPERION, LLC 1/1/23Ͳ1/31/23 1,024.17 554ͲREFUSE 01/20/23 6146 SUPERION, LLC 1/1/23Ͳ1/31/23 1,024.17 22851 $30.38
779Ͳ00ͲHOMEͲ0487 01/20/23 3112 SUSANA MAGANA REFUND IMPOUNDS 30.38 22852 $13,105.54
101ͲGENERAL FUND 01/20/23 518 TCAG MEASURE R OCT. 2022 13,105.54 22853 $13,105.54
101ͲGENERAL FUND 01/20/23 518 TCAG MEASURE R JAN. 2022 13,105.54 22854 $4,267.58
101ͲGENERAL FUND 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.45 101ͲGENERAL FUND 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.45 101ͲGENERAL FUND 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.45 101ͲGENERAL FUND 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.44 101ͲGENERAL FUND 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.44 400ͲWELLNESS CENTER 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.45 552ͲWATER 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.45 553ͲSEWER 01/20/23 5755 TELEPACIFIC COMMUNI 1/9/23Ͳ2/8/23 533.45 22855 $6,557.04
101ͲGENERAL FUND 01/20/23 144 THE GAS COMPANY 251 E HONOLULU 1,430.36 101ͲGENERAL FUND 01/20/23 144 THE GAS COMPANY 185 N GALE HILL 1,000.17 101ͲGENERAL FUND 01/20/23 144 THE GAS COMPANY 140 N MIRAGE 612.99 400ͲWELLNESS CENTER 01/20/23 144 THE GAS COMPANY 740 SEQUOIA BLDG 1,320.01 400ͲWELLNESS CENTER 01/20/23 144 THE GAS COMPANY 740 SEQUOIA POOL 2,193.51 22856 $354.93
400ͲWELLNESS CENTER 01/20/23 3396 TK ELEVATOR CORPORA W.C. DEC. MAINTENAN 354.93 22857 $250.00
101ͲGENERAL FUND 01/20/23 1243 TU CO CHIEFS ASSOCI 2023 ANNUAL DUES 250.00 22858 $460.00
400ͲWELLNESS CENTER 01/20/23 1664 TU CO ENVIRONMENTAL 1/1/23 1627 WALKͲUP 460.00 22859 $9,595.80
101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/18/22 SYDNEY M. 410.40 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/18/22 SANDRA M. 884.52 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/11/22 JULISSA LU 864.00 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/18/22 ALEXANDER 864.00 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/11/22 JULISSA LU 1,058.40 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/25/22 SYDNEY M. 561.60 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/25/22 SANDRA . $725.76 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/25/22 ALEXANDER 691.20 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 12/25/22 JULISSA LU 918.00 101ͲGENERAL FUND 01/20/23 5747 UNITED STAFFING 1/8/23 EVETTE BALLE 133.92 400ͲWELLNESS CENTER 01/20/23 5747 UNITED STAFFING 1/1/23 LIZATTE ANGE 86.40 400ͲWELLNESS CENTER 01/20/23 5747 UNITED STAFFING 1/8/23 LIZETTE A. 345.60 400ͲWELLNESS CENTER 01/20/23 5747 UNITED STAFFING 12/25/22 SILVIA H. 691.20 400ͲWELLNESS CENTER 01/20/23 5747 UNITED STAFFING 12/18/22 SILVIA H. 820.80 552ͲWATER 01/20/23 5747 UNITED STAFFING 12/25/22 SYDNEY M. 108.00 552ͲWATER 01/20/23 5747 UNITED STAFFING 12/18/22 SYDNEY M. 432.00 February 14, 2023 Regular Meeting of the Lindsay City Council

Page 16 ends

22860 $2,538.28
552ͲWATER 01/20/23 2960 UNITED STATES BUREA 5Ͳ07Ͳ20 W428ͲLTR1ͲP 2,538.28 22861 $4,469.58
552ͲWATER 01/20/23 2960 UNITED STATES BUREA 5Ͳ07Ͳ20 W428ͲLTR1ͲP 4,469.58 22862 $4,002.30
552ͲWATER 01/20/23 5413 UNIVAR USA INC CAUSTIC SODA 50% BU 4,002.30 22863 $386.55
261ͲGAS TAX FUND 01/20/23 368 VOLLMER EXCAVATION, 12/12/22 LOAD OF DG 386.55 22864 $512.03
101ͲGENERAL FUND 01/27/23 4660 CITY OF LINDSAY DED:052 WELLNESS 26.31 101ͲGENERAL FUND 01/27/23 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 485.72 22865 $52.27
101ͲGENERAL FUND 01/27/23 3192 SEIU LOCAL 521 DED:DUES UNION DUES 52.27 22866 $7,344.45
101ͲGENERAL FUND 01/27/23 6452 GREATͲWEST TRUST DED:ROTH ROTH 447.60 101ͲGENERAL FUND 01/27/23 6452 GREATͲWEST TRUST DED:0555 DC LOANPAY 1,032.40 101ͲGENERAL FUND 01/27/23 6452 GREATͲWEST TRUST DED:151 DEFERCOMP 3,087.52 101ͲGENERAL FUND 01/27/23 6452 GREATͲWEST TRUST DED:0500 DEF COMP 2,776.93 22867 $41.58
101ͲGENERAL FUND 01/27/23 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 22868 $55.37
101ͲGENERAL FUND 01/27/23 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 55.37 22869 $370.48
101ͲGENERAL FUND 01/27/23 1498 STATE OF CALIF FRAN DED:0511 FTBͲDEBT 370.48 22870 $420.93
101ͲGENERAL FUND 01/27/23 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 420.93 22871 $379.45
101ͲGENERAL FUND 02/01/23 4259 AAA TRUCK SERVICE I LIGHT TOWERͲFUEL FI 189.73 101ͲGENERAL FUND 02/01/23 4259 AAA TRUCK SERVICE I LIGHT TOWERͲFUEL FI 189.72 22872 $730.78
101ͲGENERAL FUND 02/01/23 2873 ADVANTAGE ANSWERING 1/1/23Ͳ1/31/23 730.78 22873 $23.71
552ͲWATER 02/01/23 007 AG IRRIGATION SALES 10' BOX COVER & LID 23.71 22874 $5,156.38
101ͲGENERAL FUND 02/01/23 6907 ALL VALLEY UNIFORMS VFCͲTACTICAL PANTS 5,156.38 22875 $10,693.19
552ͲWATER 02/01/23 6630 AQUAͲMETRIC SALES, PALM TERRACE METER 10,693.19 22876 $108.49
101ͲGENERAL FUND 02/01/23 5457 AUTO ZONE COMMERCIA WIPER BLADES 19.54 101ͲGENERAL FUND 02/01/23 5457 AUTO ZONE COMMERCIA WIPER BLADE 37.61 101ͲGENERAL FUND 02/01/23 5457 AUTO ZONE COMMERCIA WIPER BLADE 48.05 101ͲGENERAL FUND 02/01/23 5457 AUTO ZONE COMMERCIA RETURNEDͲWIPER BLAD (64.56) 552ͲWATER 02/01/23 5457 AUTO ZONE COMMERCIA BATTERY CHARGER 67.85 22877 $421.00
400ͲWELLNESS CENTER 02/01/23 5875 BMI 1/1/23Ͳ12/31/23 421.00 22878 $2,250.00
101ͲGENERAL FUND 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.43 101ͲGENERAL FUND 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.42 101ͲGENERAL FUND 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.43 101ͲGENERAL FUND 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.43 552ͲWATER 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.43 553ͲSEWER 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.43 554ͲREFUSE 02/01/23 6689 BUILDING MAINTENANC JANUARY CLEANING SV 321.43 22879 $102.60
101ͲGENERAL FUND 02/01/23 1979 CALIFORNIA BUILDING OCTͲDEC 2022 SB1473 102.60 February 14, 2023 Regular Meeting of the Lindsay City Council

Page 17 ends

22880 $90.95
400ͲWELLNESS CENTER 02/01/23 6351 CANON FINANCIAL SER W.C. 1/1/23Ͳ1/31/23 90.95 22881 $4,849.69
101ͲGENERAL FUND 02/01/23 3271 CASCADE FIRE EQUIPM FIREFIGHTER GEAR/EQ 549.19 101ͲGENERAL FUND 02/01/23 3271 CASCADE FIRE EQUIPM FIREFIGHTER GEAR/EQ 4,300.50 22882 $1,659.23
101ͲGENERAL FUND 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 101ͲGENERAL FUND 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 101ͲGENERAL FUND 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 101ͲGENERAL FUND 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 101ͲGENERAL FUND 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.35 400ͲWELLNESS CENTER 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 552ͲWATER 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 553ͲSEWER 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 554ͲREFUSE 02/01/23 076 CENTRAL VALLEY BUSI A/P LASER CHECKS 184.36 22884 $1,772.17
101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.66 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.66 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.38 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.39 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.39 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.65 101ͲGENERAL FUND 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.65 305ͲEMERGENCY OPERATIONS 02/01/23 5832 CINTAS CORPORATION 12/29/22 DISNFCT/CL 64.17 552ͲWATER 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.65 552ͲWATER 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.65 552ͲWATER 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.65 552ͲWATER 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.39 552ͲWATER 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.65 553ͲSEWER 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.65 553ͲSEWER 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.65 553ͲSEWER 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.65 553ͲSEWER 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.39 553ͲSEWER 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.65 554ͲREFUSE 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.66 554ͲREFUSE 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.66 554ͲREFUSE 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.66 554ͲREFUSE 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.39 554ͲREFUSE 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.65 556ͲVITAͲPAKT 02/01/23 5832 CINTAS CORPORATION 12/29/22 UNIFORMS 47.66 556ͲVITAͲPAKT 02/01/23 5832 CINTAS CORPORATION 12/21/22 UNIFORMS 47.66 556ͲVITAͲPAKT 02/01/23 5832 CINTAS CORPORATION 1/5/23 UNIFORMS 47.65 556ͲVITAͲPAKT 02/01/23 5832 CINTAS CORPORATION 1/11/23 UNIFORMS 53.39 556ͲVITAͲPAKT 02/01/23 5832 CINTAS CORPORATION 1/18/23 UNIFORMS 47.66 22885 $650.00
101ͲGENERAL FUND 02/01/23 279 CITY OF PORTERVILLE DEC. ANIMAL SERVICE 650.00 February 14, 2023 Regular Meeting of the Lindsay City Council

Page 18 ends

22886 $7,104.95
600ͲCAPITAL IMPROVEMENT 02/01/23 2548 CIVICWELL 4Ͳ428 HERMOSA CORRI 7,104.95 22887 $2,407.00
600ͲCAPITAL IMPROVEMENT 02/01/23 2548 CIVICWELL 4Ͳ428 HERMOSA CORRI 2,407.00 22888 $4,657.24
101ͲGENERAL FUND 02/01/23 4322 CO OF TULAREͲINFORM 20230197ͲRADIO SVCS 4,657.24 22889 $394.75
101ͲGENERAL FUND 02/01/23 6672 COLBY'S TIRE,TOWING LIC#1389807 TIRES 394.75 22890 $39.80
101ͲGENERAL FUND 02/01/23 2319 COMPUTER SYSTEMS PL 1/30/23 WORKSTATION 39.80 22891 $149.69
101ͲGENERAL FUND 02/01/23 102 CULLIGAN #53249 F.D. JAN 202 29.00 101ͲGENERAL FUND 02/01/23 102 CULLIGAN #53249 H.R. JAN 202 17.75 101ͲGENERAL FUND 02/01/23 102 CULLIGAN #53249 C.M. JAN 202 17.75 101ͲGENERAL FUND 02/01/23 102 CULLIGAN 185 N GALE HILL 84.50 101ͲGENERAL FUND 02/01/23 102 CULLIGAN 55962ͲLATE FEE 0.69 22892 $247.95
101ͲGENERAL FUND 02/01/23 105 DATAPRINT INC. TONER FOR PRINTER 247.95 22893 $288.25
552ͲWATER 02/01/23 6761 DENNIS R. KELLER CI WORK ON WATER SUPPL 92.00 552ͲWATER 02/01/23 6761 DENNIS R. KELLER CI UPDATE TOC DATA 196.25 22894 $178.84
101ͲGENERAL FUND 02/01/23 111 DEPT OF CONSERVATIO OCTͲDEC 2022 RESIDE 171.95 101ͲGENERAL FUND 02/01/23 111 DEPT OF CONSERVATIO OCTͲDEC 2022 COMMER 6.89 22895 $385.00
101ͲGENERAL FUND 02/01/23 316 DEPT OF JUSTICE DEC. DUI ANALYSIS 70.00 101ͲGENERAL FUND 02/01/23 316 DEPT OF JUSTICE DEC. 2022 RECRUITME 64.00 101ͲGENERAL FUND 02/01/23 316 DEPT OF JUSTICE DEC. 2022 FINGERPRI 251.00 22896 $1,674.23
553ͲSEWER 02/01/23 5978 DOMINO SOLAR LTD JBͲ9325693Ͳ00 DEC. 1,674.23 22897 $23,143.65
552ͲWATER 02/01/23 6113 EAST KAWEAH GSA ASSESSABLE ACREAGE 13,000.80 552ͲWATER 02/01/23 6113 EAST KAWEAH GSA FY2023#1ͲCFF GOVERN 10,142.85 22898 $953.28
553ͲSEWER 02/01/23 5185 ESEQUIEL BEDOLLA REFUND SEWER FY21/2 437.30 554ͲREFUSE 02/01/23 5185 ESEQUIEL BEDOLLA REFUND REFUSE FY21/ 515.98 22899 $1,261.00
779Ͳ00ͲHOMEͲ0487 02/01/23 6084 FARMERS INSURANCE E J.VILLA HOME INSURA 1,261.00 22900 $3.28
101ͲGENERAL FUND 02/01/23 129 FEDEX LATE FEE 3.28 22901 $469.08
553ͲSEWER 02/01/23 6085 FELICIANO CARRASCO SEWER REFUND FY21/2 469.08 22902 $57.34
101ͲGENERAL FUND 02/01/23 1450 FRESNO OXYGEN & WEL D,E,SML,MED CYLINDE 57.34 22903 $2,097.00
552ͲWATER 02/01/23 137 FRIANT WATER AUTHOR FKC OM&R COSTS 2,097.00 22904 $1,368.23
101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ042Ͳ9309 1.99 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2650 23.26 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2650 23.26 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2652 46.51 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2656 46.51 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2662 61.50 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ188Ͳ3200 4.87 101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ188Ͳ3200 4.87 February 14, 2023 Regular Meeting of the Lindsay City Council

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101ͲGENERAL FUND 02/01/23 6010 FRONTIER COMMUNICAT 562Ͳ2512 172.54 552ͲWATER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ188Ͳ3200 4.87 552ͲWATER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2650 23.26 552ͲWATER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ150Ͳ2936 84.64 552ͲWATER 02/01/23 6010 FRONTIER COMMUNICAT 562Ͳ1552 124.98 552ͲWATER 02/01/23 6010 FRONTIER COMMUNICAT 562Ͳ7131 155.22 553ͲSEWER 02/01/23 6010 FRONTIER COMMUNICAT 562Ͳ7132 349.38 553ͲSEWER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ150Ͳ3621 119.43 553ͲSEWER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2650 23.26 553ͲSEWER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ188Ͳ3200 4.86 553ͲSEWER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2654 46.51 553ͲSEWER 02/01/23 6010 FRONTIER COMMUNICAT 209Ͳ151Ͳ2655 46.51 22905 $1,308.00
101ͲGENERAL FUND 02/01/23 1970 GIOTTO'S C.S. ANNUAL MONITOR 264.00 552ͲWATER 02/01/23 1970 GIOTTO'S WTPͲANNUAL MONITOR 264.00 553ͲSEWER 02/01/23 1970 GIOTTO'S WWTPͲANNUAL MONITO 264.00 553ͲSEWER 02/01/23 1970 GIOTTO'S WWTPͲANNUAL MONITOR 192.00 553ͲSEWER 02/01/23 1970 GIOTTO'S HICKORY LIFT STATIO 324.00 22906 $2,633.27
101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC1226737 GASKET C 353.84 101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC1179748 SVC ENGI 384.50 101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC1366733 REPL. BO 444.00 101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC1226638 REPL. BA 182.18 101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC#1179749 REGULAT 238.15 101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC#1405963 TIRES 761.25 101ͲGENERAL FUND 02/01/23 148 GOMEZ AUTO & SMOG LIC#1179749 SMOG 269.35 22907 $916.89
101ͲGENERAL FUND 02/01/23 3824 HIGH SIERRA LUMBER METAL RAIL FENCE 916.89 22908 $300.00
101ͲGENERAL FUND 02/01/23 6604 HIPOLITO CERROS FEB. COUNCIL STIPEN 300.00 22909 $1,067.04
101ͲGENERAL FUND 02/01/23 1391 HOME DEPOT BLINDS,PRISMATIC WR 606.08 101ͲGENERAL FUND 02/01/23 1391 HOME DEPOT ELECTRICAL TAPE,BAT 59.06 101ͲGENERAL FUND 02/01/23 1391 HOME DEPOT PAINT,WET PATCH,DEC 146.67 101ͲGENERAL FUND 02/01/23 1391 HOME DEPOT PARK FENCE SUPPLIES 255.23 22910 $198.00
101ͲGENERAL FUND 02/01/23 6992 HOWARD DUTTON UB ACCT IS FROM OKL 198.00 22911 $20,000.00
556ͲVITAͲPAKT 02/01/23 180 INGRAM EQUIPMENT CO REPLACE LIFT TURBIN 20,000.00 22912 $23,124.85
600ͲCAPITAL IMPROVEMENT 02/01/23 6799 KTU&A PLANNING & LA WEST HERMOSA CORRID 23,124.85 22913 $6,546.00
101ͲGENERAL FUND 02/01/23 214 LEAGUE OF CALIF CIT 2023 MEMBERSHIP DUE 6,546.00 22914 $484.50
101ͲGENERAL FUND 02/01/23 4076 LIEBERT CASSIDY WHI MATTER:LI012Ͳ00001 484.50 22915 $2,609.58
400ͲWELLNESS CENTER 02/01/23 5788 LINCOLN AQUATICS BOTTLE DEP,MURIATIC 3,129.58 400ͲWELLNESS CENTER 02/01/23 5788 LINCOLN AQUATICS CHEM BOTTLE DEPOSIT (520.00) 22916 $750.00
101ͲGENERAL FUND 02/01/23 078 LINDSAY CHAMBER OF RISE OF THE PHOENIX 750.00 February 14, 2023 Regular Meeting of the Lindsay City Council

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22917 $1,456.26
101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. C.S. 103.28 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. CITY YARD 44.79 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. P.S. 191.36 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. P.S. 4.31 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. P.S. 176.75 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. P.S. 62.58 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. STREETS 40.77 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. PARKS 71.54 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. BUILDINGS 88.04 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. OTHER SERVICES 262.83 101ͲGENERAL FUND 02/01/23 1422 LINDSAY TRUE VALUE DEC. LANDSCAPE 23.89 400ͲWELLNESS CENTER 02/01/23 1422 LINDSAY TRUE VALUE DEC. W.C. 181.34 552ͲWATER 02/01/23 1422 LINDSAY TRUE VALUE DEC. WATER 114.56 553ͲSEWER 02/01/23 1422 LINDSAY TRUE VALUE DEC. WWTP 90.22 22918 $125.00
400ͲWELLNESS CENTER 02/01/23 6599 MARIA EDWARDS JAN. 2023 ZUMBA CLA 125.00 22919 $150.00
101ͲGENERAL FUND 02/01/23 6437 MORINDA MEDICAL GRO DEC. 2022 CLAIMS 150.00 22920 $120.00
400ͲWELLNESS CENTER 02/01/23 4323 OASIS W.C. MONITOR SYSTEM 120.00 22921 $13.95
101ͲGENERAL FUND 02/01/23 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 22922 $2,632.86
552ͲWATER 02/01/23 6498 PACWEST DIRECT 12/28/22 DBP MAILER 2,632.86 22923 $6,615.50
553ͲSEWER 02/01/23 4618 PROVOST & PRITCHARD GWM&R EAST PONDS 597.00 556ͲVITAͲPAKT 02/01/23 4618 PROVOST & PRITCHARD VITAͲPAKT CONSULTIN 6,018.50 22924 $4,434.60
101ͲGENERAL FUND 02/01/23 399 QUAD KNOPF,INC. LINDSAY OAKS SUBDIV 72.80 101ͲGENERAL FUND 02/01/23 399 QUAD KNOPF,INC. AAA TRUCK SERVICE 1,180.30 600ͲCAPITAL IMPROVEMENT 02/01/23 399 QUAD KNOPF,INC. LINDA VISTA LOOP/VA 3,181.50 22925 $3,400.00
556ͲVITAͲPAKT 02/01/23 5684 QUIKͲROOTER PUMPING @ LAND APP. 3,400.00 22926 $1,864.37
101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION KEYBOARD 73.94 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION CALENDAR,STICKY NOT 93.25 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION TRAYS & MESSAGE STA 65.87 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION CHAIR 197.61 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION OPERATING SUPPLIES 175.58 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION CHAIR 192.18 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION KEYBOARD, LETTER TR 118.72 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION FOLDER TRAY 42.85 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION CARTRIDGE, NOTEBOOK 278.36 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION CHAIR & PAPER TOWEL 198.49 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION TRASH BAGS 169.62 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION OPERATING SUPPLIES 35.63 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION OPERATING SUPPLIES 105.29 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION OPERATING SUPPLIES 27.18 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION OPERATING SUPPLIES 64.15 101ͲGENERAL FUND 02/01/23 285 QUILL CORPORATION ENVELOPES 25.65 22927 $2,201.10
552ͲWATER 02/01/23 3016 QUINN COMPANY TRASH PUMP 3INCH 2,201.10 22928 $250.00
101ͲGENERAL FUND 02/01/23 6602 RAMIRO SERNA FEB. COUNCIL STIPEN 250.00 February 14, 2023 Regular Meeting of the Lindsay City Council

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22929 $250.00
101ͲGENERAL FUND 02/01/23 6603 RAMONA CAUDILLO FEB. COUNCIL STIPEN 250.00 22930 $250.00
101ͲGENERAL FUND 02/01/23 5511 ROSAENA SANCHEZ FEB. COUNCIL STIPEN 250.00 22931 $845.00
552ͲWATER 02/01/23 3004 SEQUOIA EQUIPMENT C BACKHOE DIAGNOSTIC 845.00 22932 $653.69
553ͲSEWER 02/01/23 307 SILVAS OIL COMPANY MOBILGEAR 600XP220 653.69 22933 $4,331.83
101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 268 N SWEETBRIAR 4.97 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 269 SWEETBRIARͲLATE 0.41 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 108 HERMOSAͲLATE FE 0.25 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 740 SEQUOIAͲLATE FE 31.45 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 151 W SAMOAͲLATE FE 0.38 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 135 W HONOLULUͲLATE 0.54 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 157 N MIRAGEͲLATE F 0.18 101ͲGENERAL FUND 02/01/23 310 SOUTHERN CA. EDISON 700482892316ͲLATE F 1.01 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 157 N MIRAGE AVE LE 29.68 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 150 E HONOLULU LS3B 82.62 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 151 W HONOLULU LS3C 69.34 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 135 W HONOLULU ST 81.77 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 151 W SAMOA ST LS3D 58.86 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 108 HERMOSA ST PED 39.21 261ͲGAS TAX FUND 02/01/23 310 SOUTHERN CA. EDISON 269 N SWEETBRIAR 73.29 400ͲWELLNESS CENTER 02/01/23 310 SOUTHERN CA. EDISON 740 SEQUOIA 3,804.78 891ͲPELOUS RANCH 02/01/23 310 SOUTHERN CA. EDISON 113 W. HICKORY 38.21 891ͲPELOUS RANCH 02/01/23 310 SOUTHERN CA. EDISON 1250 PARKSIDE AVE I 14.88 22934 $705.00
400ͲWELLNESS CENTER 02/01/23 2250 CALIFORNIA DEPT OF W.C. SALES & TAX 20 705.00 22935 $3,304.84
552ͲWATER 02/01/23 2250 CALIFORNIA DEPT OF WRͲUSBR1250 6/30/23 3,304.84 22936 $9,867.91
552ͲWATER 02/01/23 1183 SWRCB 7/1/22Ͳ6/30/23 FEES 9,867.91 22937 $31.47
101ͲGENERAL FUND 02/01/23 144 THE GAS COMPANY 488 N MT VERNON 15.68 101ͲGENERAL FUND 02/01/23 144 THE GAS COMPANY 139 N SWEETBRIER BB 15.79 22938 $250.00
101ͲGENERAL FUND 02/01/23 5792 THOMSON REUTERSͲW JAN. ONLINE/SOFTWAR 250.00 22939 $60.00
101ͲGENERAL FUND 02/01/23 6413 TRANS UNION LLC 11/26/22Ͳ12/25/22 S 60.00 22940 $50.00
553ͲSEWER 02/01/23 793 TULARE COUNTY AUDIT SEWER CORRECTION 25.00 554ͲREFUSE 02/01/23 793 TULARE COUNTY AUDIT REFUSE CORRECTION 25.00 22941 $58.00
101ͲGENERAL FUND 02/01/23 5659 TULARE COUNTY CLERK APN#201Ͳ170Ͳ010 58.00 22942 $7,218.36
101ͲGENERAL FUND 02/01/23 5747 UNITED STAFFING 1/8/23 SYDNEY M. 781.20 101ͲGENERAL FUND 02/01/23 5747 UNITED STAFFING 1/8/23 SANDRA M. 725.76 101ͲGENERAL FUND 02/01/23 5747 UNITED STAFFING 1/8/23 JOSHUA D. 334.80 101ͲGENERAL FUND 02/01/23 5747 UNITED STAFFING 1/8/23 ALEXANDER G. 714.24 101ͲGENERAL FUND 02/01/23 5747 UNITED STAFFING 1/8/23 JULISSA L. 825.84 101ͲGENERAL FUND 02/01/23 5747 UNITED STAFFING 1/1/23 JULISSA L. 864.00 400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 1/8/23&1/15/23 LIZE 190.08 400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 12/25/22 DIEGO V. 324.00 400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 1/8/23 SILVIA H. 820.26 February 14, 2023 Regular Meeting of the Lindsay City Council

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400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 1/22/23 SILVIA H. 781.20 400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 1/22/23 LIZETTE A. 373.86 400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 1/22/23 DIEGO V. 178.56 400ͲWELLNESS CENTER 02/01/23 5747 UNITED STAFFING 1/1/23 DIEGO V. 237.60 552ͲWATER 02/01/23 5747 UNITED STAFFING 1/8/23 SYDNEY M. 66.96 22943 $2,769.86
552ͲWATER 02/01/23 5413 UNIVAR USA INC LIQUICHLOR 12.5% 2,769.86 22944 $500.00
400ͲWELLNESS CENTER 02/01/23 6993 VANESSA MENA FACILITY DEPOSIT 320.00 400ͲWELLNESS CENTER 02/01/23 6993 VANESSA MENA FACILITY DEPOSIT 180.00 22945 $1,300.29
101ͲGENERAL FUND 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00001 DEC 122.16 101ͲGENERAL FUND 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 21.96 101ͲGENERAL FUND 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 25.03 101ͲGENERAL FUND 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 25.03 101ͲGENERAL FUND 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 25.03 101ͲGENERAL FUND 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00004 DEC 1,005.99 552ͲWATER 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 25.03 553ͲSEWER 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 25.03 554ͲREFUSE 02/01/23 1041 VERIZON WIRELESS 642065758Ͳ00003 DEC 25.03 22946 $1,101.00
101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 101ͲGENERAL FUND 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 400ͲWELLNESS CENTER 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 552ͲWATER 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 553ͲSEWER 02/01/23 2790 WILLDAN INC. DEC. CAP & FEE STUD 110.10 22947 $275.00
101ͲGENERAL FUND 02/01/23 4068 YOLANDA FLORES FEB. COUNCIL STIPEN 275.00 22948 $364.41
261ͲGAS TAX FUND 02/01/23 382 ZUMAR INDUSTRIES IN W1Ͳ4R REVERSE CURVE 364.41 EDD113 $4,633.85
101ͲGENERAL FUND 01/13/23 687 STATE OF CALIFORNIA DE88 PRPD 1/13/23 4,633.85 IRS113 $33,636.83
101ͲGENERAL FUND 01/13/23 2011 INTERNAL REVENUE SE 941 PRPD 1/13/23 20,672.16 101ͲGENERAL FUND 01/13/23 2011 INTERNAL REVENUE SE 941 PRPD 1/13/23 12,964.67 February 14, 2023 Regular Meeting of the Lindsay City Council

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SUMMARY BY FUNDING SOURCE
101ͲGENERAL FUND 214,884.96
261ͲGAS TAX FUND 13,790.28
305ͲEMERGENCY OPERATIONS 64.17
400ͲWELLNESS CENTER 23,002.29
552ͲWATER 140,208.34
553ͲSEWER 27,226.04
554ͲREFUSE 2,960.04
556ͲVITAͲPAKT 43,050.12
600ͲCAPITAL IMPROVEMENT 66,061.64
700ͲCDBG REVOLVING LN FUND 1,390.28
720ͲHOME REVOLVING LN FUND 4,572.94
779Ͳ00ͲHOMEͲ0487 1,291.38
883ͲSIERRA VIEW ASSESSMENT 1,158.80
884ͲHERITAGE ASSESSMENT DIST 288.51
886ͲSAMOA 58.03
887ͲSWEETBRIER TOWNHOUSES 686.90
888ͲPARKSIDE 211.51
889ͲSIERRA VISTA ASSESSMENT 274.05
890ͲMAPLE VALLEY ASSESSMENT 143.90
891ͲPELOUS RANCH 1,022.08
TOTAL $542,346.26
February 14, 2023 Regular Meeting of the Lindsay City Council

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CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100Ͳ102 RES 800 $ Bank of the SierraͲDepository Account 100Ͳ114 GEN 3,585,155 $ Bank of the SierraͲAP/Operating 100Ͳ100 GEN 11,700 $
Bank of the SierraͲPayroll 100Ͳ106 GEN 170,253 $
Bank of the SierraͲWellness Center / UB Payment Center 100Ͳ500 GEN 986,261 $ Bank of the SierraͲImpound Account 100Ͳ120 RES 58,835 $ LAIF Savings:City & Successor Agency 100Ͳ103 INVͲRES 6,002,793 $ MBS Investments 100Ͳ700 INVͲRES 4,061,318 $
$14,877,116

CASH EXPENDED

ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable 848,469 $ Wellness Center 170,277 $
Payroll (January 7th Payday) 278,402 $ Fire Engine $91,143 Payroll (January 21st Payday) 277,002 $ DOT $49,861
TOTAL 1,403,873 $ TOTAL 311,280 $

INVESTMENTS
INVESTED FUNDS $10,064,112
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay

ABBREVIATIONS
Juana Espinoza
Monthly Treasurer's Report
January 31, 2023
Cash Balances Classified by Depository
TOTAL

INVESTMENT POLICY COMPLIANCE
As of the end of the month, the investments were in compliance with the requirements of the City's investment policy. This report reflects all cash and investments of the City of Lindsay (O/S checks not reflected in End Cash Balance).

February 14, 2023 Regular Meeting of the Lindsay City Council

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STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 10.4
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider the Approval of Resolution 23-03, A Resolution of the City Council of the City of Lindsay Approving and Adopting the Amended City of Lindsay City Council Handbook.

Staff recommends that should the Council agree and approve of the changes to the Handbook, it passes and adopt Resolution 23-03.

BACKGROUND | ANALYSIS
The purpose of the City Council Handbook (herein referred to as “Handbook”) is to promote communication, understanding, fairness, and trust among the members of the Lindsay City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Lindsay. The City Council adopted the Handbook via Resolution. On January 11, 2022, the Council adopted the Handbook via Resolution which consisted of eleven (11) sections and two (2) appendices.

The Handbook shall be amended by a majority vote of the City Council and may be updated administratively by the City Clerk in order to remain current with federal, state, and local law. All conduct of the City Council shall be in full compliance with State law, including the Ralph M. Brown Act.

Since the adoption of the Handbook, members of the Council and Staff have identified the need for amendments. A redline copy of the Handbook with proposed amendments to notable sections such as travel, future items, and meeting decorum is attached to this report, as well as a copy of the Lindsay City Charter for reference.

A review of the proposed amendments to the Handbook was held at the January 10, 2023, Regular Meeting of the Lindsay City Council.

The City Council was asked consider the approval of Resolution 23-03 at the January 24, 2023 Regular Meeting of the City Council, and chose to table the item to the February 14, 2023 Regular Meeting.

FISCAL IMPACT
No fiscal impact associated with this action.

February 14, 2023 Regular Meeting of the Lindsay City Council

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ATTACHMENTS
x Draft Amended City Council Handbook – Redline Copy
x Lindsay City Charter
x Resolution 23-03
February 14, 2023 Regular Meeting of the Lindsay City Council

Page 27 ends

DRAFT
City of Lindsay
City Council Handbook
Approved and Adopted:
01-11-2022 by Resolution 22-05
Amendeded:

MM-DD-YYY09-27-2022 by Resolution xx22-xx
Last Updated: January January 2022
February 14, 2023 Regular Meeting of the Lindsay City Council

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Table of Contents
SECTION 1. GENERAL ........................................................................................................................................... 3 SECTION 2. MAYOR AND MAYOR PRO TEM APPOINTMENT PROCESS ............................................................ 4 SECTION 3. COUNCIL ADMINISTRATIVE MATTERS .......................................................................................... 5 SECTION 4. COUNCIL INTERACTION WITH CITY MANAGER, STAFF, AND MEDIA ......................................... 9 SECTION 5. MEETINGS ....................................................................................................................................... 10 SECTION 6. POSTING NOTICE AND AGENDA .................................................................................................. 12 SECTION 7. AGENDA CONTENTS ...................................................................................................................... 13 SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS ........................................................... 16 SECTION 9. CLOSED SESSIONS .......................................................................................................................... 21 SECTION 10. DECORUM ..................................................................................................................................... 23 SECTION 11. DISCLAIMER ................................................................................................................................. 24 APPENDIX A: OPEN & PUBLIC: A GUIDE TO THE RALPH M. BROWN ACT (LEAGUE OF CALIFORNIA CITIES) ................................................................................................................................................................ 25 APPENDIX B: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY) ........................................................................................................................................................... 25 February 14, 2023 Regular Meeting of the Lindsay City Council

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SECTION 1. GENERAL

1.1 Purpose. The purpose of the City Council Handbook is to promote communication, understanding, fairness, and trust among the members of the Lindsay City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Lindsay.

1.1 1.2 ValuesValues. Council members shall represent the best interests of the City and community at large. Councilmembers shall treat fellow Councilmembers, members of the public, staff and consultants with respect, civility and courtesy.

Councilmembers shall respect each other’s individual points of view and right to disagree. When addressing the public in any way, Councilmembers shall make certain their opinions are expressed solely as their own, and do not necessarily reflect the opinions of any other Councilmember. Council members shall respect the decisions of the majority of the Council at all times.

1.3 Code of Conduct. Members of City Council shall abide by the following code of conduct.

Members shall:

Work for the common good of the people of the City of Lindsay and not for any private or personal interest.

Endeavor to treat all members of the public and issues before them in a fair and equitable manner.

Make impartial decisions, free of bribes, unlawful gifts, narrow political interests and financial or other personal interests that impair independence of judgment or action.

Decisions will be fair, objective, made in public (unless allowed or required to be made in closed session), and understandable.

Fully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication.

Act in an efficient manner, making decisions based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.

Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members, staff or members of February 14, 2023 Regular Meeting of the Lindsay City Council

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the public. Refrain from negative comments regarding any person or group based on their race, ethnicity, sex, gender, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category.

Respect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.

Use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.

Respect established channels of communication with City staff, treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager.

In unofficial settings, members of City Council shall be clear in representing to the public, other agencies, and the media whether their comments or statements represent the official position of the City or a personal viewpoint.

1.2 1.31.4 Review. The City Council Handbook shall be amended by a majority vote of the City Council and may be updated administratively by the City Clerk in order to remain current with federal, state, and local law. It is recommended that a new Council conduct a review of the document within thirty days of its first regular meeting.

1.41.5 Ralph M. Brown Act. All conduct of the City Council shall be in full compliance with State law, including the Ralph M. Brown Act.

SECTION 2. MAYOR AND MAYOR PRO TEM APPOINTMENT PROCESS

2.1 Appointment of Mayor. The Council shall appoint from among their members a Mayor. Nominations shall be recorded by the City Clerk. The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor shall serve a two-year term and serve as the Presiding Officer of the Council.

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2.2 Appointment of Mayor Pro Tem. The Council shall appoint from among their members a Mayor Pro Tem. Nominations shall be recorded by the City Clerk.

The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor Pro Tem shall serve a one-year term and fulfill the duties of the Mayor in their absence.

SECTION 3. COUNCIL ADMINISTRATIVE MATTERS

3.1 Oath of Office. The oath of office shall be administered to all Councilmembers prior to their assumption of office, at or before the first meeting in January following a general election, or within 30 days of a qualified person’s appointment to fill a Council vacancy.

3.2 Reorganization. The reorganization of the Council shall occur at the first meeting in December, or as soon thereafter.

3.3 Seating Order. Following the reorganization of Council, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tem shall always be seated immediately to the right of the Mayor.

3.4 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings unless unable.

Councilmembers will notify the City Manager or the City Clerk if they will be absent from a meeting, or if they wish to participate via teleconference prior to the meeting. Should a member of the Council have two (2) absences without notice, a review of Council Committees will be prompted and added to the next Council meeting agenda.

3.5 Appointment of Vacancy. If a vacancy occurs less than 90 days prior to a regular election, no appointment shall be made and the vacancy will be filled through the regular election process. Should a vacancy occur more than 90 days prior to the next regular election at which council members are to be elected, the vacancy shall be filled by a majority vote of the remaining members of the City Council.

The Council shall determine the process for appointment prior to the application process and in full accordance with State law.

3.6 Boards, Commissions, and Committees. The Council shall appoint representatives to committees, commissions, and boards as required by the governing bodies.

No later than the second regular meeting of January of each year, Council shall review all the appointments as provided in a list prepared by the City Clerk. The February 14, 2023 Regular Meeting of the Lindsay City Council

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annual review will be conducted to fill vacancies or an expired term of office, and to consider removal of any appointee for cause, such as for failure to keep Council informed of the Committee’s activities, or for excessive absenteeism without good cause.

Each Councilmember shall commit themselves to serving as a representative on a minimum of one committee, commission, and/or board.

Councilmembers shall make a good faith effort to attend all meetings that require a quorum of the appointed members to convene a meeting.

If a Councilmember is unable to attend, they should notify their alternate and the City Clerk as far in advance of the meeting as possible.

Council representatives to such committees, commissions, or boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.

The City Clerk will maintain and keep on file a list of Standing Committees, Ad Hoc Committees, regional agencies and organizations, and boards to which Councilmembers are appointed.

3.7 Reimbursement. The Council shall establish in the budget funding for conferences, meetings, training, and representation at ceremonial functions for the benefit of the City. Councilmembers shall attend these functions for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations. Councilmembers shall be subject to the City’s Administrative Policy and Procedures for travel and expenses reimbursement.

Councilmembers shall not exceed travel expenses in the amount of $2,500 per fiscal year. Should a Councilmember wish to exceed the $2,500 amount allotted for travel per fiscal year, the request shall be placed on a regular meeting agenda and subject to approval by a majority of the Council.

3.73.8 Requests for City-Sanctioned Events or Use/Rental of City Facilities Outside of Normal Operation Hours. Any request for a City-sanctioned event to the City Council will be submitted as an agenda item and follow the timelines for submittal of agenda reports. Any request for a City-sanctioned event should include general information regarding the purpose and content of the event; anticipated event cost; information on the presenters; contact information; expected staff resources, and its overall benefit to the City. The request must be made during the ‘Request for Future Items’ portion of the regular City Council meeting. The request will be placed on the next meeting agenda and be subject to approval by a majority of the Council.

3.83.9 Trainings.

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Ethics: Members of the City Council and commissions shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to their public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Tulare County or by completing online a state-approved public service ethics education program. An individual who serves on multiple legislative bodies needs only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions.

Brown Act: Members of the City Council and commissions shall receive training in the Ralph M. Brown Act as it relates to public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Tulare County or by completing an online education component. Additionally, each Councilmember shall be provided with a digital copy of the a guide to the Ralph M. Brown Act prior to their assumption of office.

Sexual Harassment Prevention: In addition, Council members shall receive two hours of sexual harassment prevention training every two years, per State law.

New members must receive this training within their first six months of service.

3.93.10Use of Electronic Devices During Council Meetings. Councilmembers shall not use electronic devices to send or receive communications regarding agenda items or to access information which other Councilmembers do not have equal access to during a meeting of the City Council at which they are in attendance. This does not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter.

3.103.11 Public Records. Councilmembers shall strive to use only their official City email account to conduct City business. The City shall provide Councilmembers with separate publicly owned devices such as tablets or cell phones for the conduct of City business.

If a request for records is received, a search that is reasonably calculated to locate responsive records will be conducted. Privacy concerns can and should be addressed on a case-by-case basis.

Social Media, AB 992, and the Brown Act. The City Council recognizes social media as a powerful tool for distributing important information and connecting with constituents. However, it is important to be mindful of how the regulations set forth in the Brown Act and, more recently, AB 992 impact Councilmembers’ use of social media.

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3.11 Under AB 992, a public official may communicate on social media platforms to answer questions, provide information to the public or to solicit information from the public regarding a matter within the legislative body’s subject matter jurisdiction. However, these communications are only permissible so long as a majority of the members of the legislative body do not use any social media platform to “discuss among themselves” official business. Importantly, “discuss among themselves” has been broadly defined and arguably includes making posts, commenting, replying, sharing, reacting (e.g. “liking” a post) or using digital icons that express reactions, i.e., emojis.

The City council should abide by the provisions found within the City of Lindsay Social Media Policy.1
Best practices include the following:
a. Create a separate “business-only” account rather than using a personal account to distribute official information.
b. Limit online interactions with other Councilmembers to avoid the perception of a “serial meeting” under the Brown Act.
c. Avoid posting, responding, or interacting with posts that concern substantive agenda items or issues within subject matter jurisdiction. d. Do not block, unfriend, delete, or otherwise remove any social media user OR consider disabling the comment function altogether.

3.12 Conflict of Interest. The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.

The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures.

A public official who holds an office specified in Government Code Section 87200, and who has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in enough detail to be understood by the public. Residential street addresses do not have to be disclosed. 1 Attached as Appendix C
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b. Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of Government Code Section 87100.
c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar and is not pulled for extended discussion.

In the event, that multiple Councilmembers disclose a disqualifying Conflict of Interest for the same matter and a quorum is not reached with the remaining Councilmembers, the City Attorney shall provide guidance as to the selection method for achieving quorum.

It is critical to note that compliance with the State’s conflict of interest laws is each public official’s personal responsibility. While the City Attorney can render advice on the interpretation of State laws and regulations on conflict matters, such advice is solely an interpretation of the law. Further, the City Attorney represents the City and City Council as a whole and not individual Councilmembers. The only authority that can provide binding interpretations and possible immunity from civil or criminal liability on such matters is the Fair Political Practices Commission (FPPC).

SECTION 4. COUNCIL INTERACTION WITH CITY MANAGER, STAFF, AND MEDIA

4.1 City Manager. Councilmembers are free to go to the City Manager to discuss any subject. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Councilmembers shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy. Direction to City employees, other than the City Manager or City Attorney, is the sole prerogative of the City Manager.

4.2 Staff. The Council shall not abuse staff nor embarrass staff during open session, or at any other time. If a Councilmember has a question on a subject on the agenda, the Councilmember is encouraged to contact the City Manager, City Clerk, or Department Head prior to any meeting at which the subject may be discussed. This does not restrict Councilmembers from asking additional questions during a Council meeting. The Council shall treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager.

4.3 Media. Typically, the Mayor is the designated representative of the Council to speak on official City positions; however, the Mayor may at any time decline to February 14, 2023 Regular Meeting of the Lindsay City Council

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make a public statement and/or designate a speaker on their behalf. Any Councilmember may choose to comment to the media but should clearly distinguish between personal viewpoints and any official City position.

Generally, press releases shall be prepared by City staff and routed to the City Manager for approval before release to the media. No member of the City Council shall issue any press release on behalf of the City without the express approval of the City Manager. The Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council.

SECTION 5. MEETINGS

5.1 Open to the Public. All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.

5.2 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. A quorum must be present to begin a Council meeting, for any vote to be taken, and during any portion of a noticed public hearing. If less than three Councilmembers appear at a regular meeting, the Mayor, Mayor Pro Tem in the absence of the Mayor, any Councilmember in the absence of both the Mayor and Mayor Pro Tem, or in the absence of all Council Members, the City Clerk, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum.

5.3 Broadcasting of City Council Meetings. All regular City Council meetings shall be video-recorded and broadcast over an online video teleconferencing platform of the City’s choice, unless the City is unable to do so due to unforeseen circumstances or circumstances beyond the City’s control.

5.4 Teleconferencing. If circumstances prevent a Councilmember from being physically present during a City Council meeting, the member may choose to participate via teleconference. Participation via teleconference shall be considered sufficient to attain Council quorum.

At the start of any Council meeting during which a Councilmember participates via teleconference, the City Clerk must announce the name of the Councilmember who is participating remotely and record that information in the meeting minutes. No Councilmember shall be authorized to participate in a meeting via teleconference unless:

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a. The member notifies the City Manager and the City Clerk prior to the start of the meeting.
b. The remote connection is established prior to the start of the meeting and continuous for the duration of the meeting.
c. All persons present at the place of the meeting (including members of the public) can hear and speak to the person(s) participating remotely, and the person(s) participating remotely can hear and speak to all persons present at the place of the meeting, and to any other individual participating in the meeting via teleconference.

If a remote participant is disconnected from the meeting, the minutes must note that fact and the time at which the disconnection occurred.

A member who participates remotely retains their right to speak when recognized by the Presiding Officer, make or second any motion and cast votes.

5.5 Regular Meetings. As a matter of general principle, the City Council shall conduct its regular meetings at 6:00 p.m. on the second and fourth Tuesdays of each month in the City Council Chambers located at City Hall. The time, date, or place of a regular meeting may be altered as published in the Council agenda.

5.6 Adjournment. It shall be the policy of the City Council to adjourn meetings, including executive closed sessions, by 9:00 p.m. unless the Council elects to continue past the adjournment hour by unanimous consent of all Councilmembers in attendance, including any Councilmembers participating via teleconference. If at the hour of 9:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine by vote whether to continue any remaining items to the next regularly scheduled meeting or adjourn the meeting to another date and time pursuant to the procedures set forth in the Brown Act.

5.7 Successor Agency Meetings. The City Council also sits as Board Members of the Successor Agency to the dissolved Lindsay Redevelopment Agency and shall meet on an as-needed basis. The Mayor shall serve as Chairperson and the Mayor Pro Tem shall serve as the Vice Chairperson.

5.8 Special Meetings. Pursuant to Government Code Section 54956, a special meeting may only be called by the Mayor or a majority of the Council. Written notice must be given to the City Council and to the media 24 hours prior to a special meeting. Notice requirements of the Brown Act shall be complied with for all meetings. A special meeting may be called at any time in accordance with the Brown Act. Written notice of any such meeting must specify the purpose of the meeting. Notice of the meeting must be given in accordance with law. Public February 14, 2023 Regular Meeting of the Lindsay City Council

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comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.

5.9 Study Sessions. The City Council may choose to hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to attend to City business. Study sessions are scheduled to provide Councilmembers the opportunity to better understand a particular item.

5.10 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. Requests for a closed session should be made to the City Manager.

SECTION 6. POSTING NOTICE AND AGENDA

6.1 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. The City Clerk shall post each agenda for a City Council regular meeting no less than 72 hours in advance of the meeting and shall post each agenda for a special meeting no less than 24 hours in advance of the meeting online and in the official bulletin board. The City Clerk shall maintain an affidavit indicating the location, date and time of posting for each agenda. The City Clerk shall also post agenda packets, minutes and all legal notices for City Council meetings on the City's website. Copies shall also be available free of charge in the City Clerk's Office.

Not later than the third day prior to said meeting, the City Clerk shall distribute the packet to each member of the City Council and place a packet for public review at the City Hall Bulletin Board. The agenda packet will also be made available to members of the press upon request and will be posted on the City's website. Any supplemental materials distributed to members of the City Council after the posting of the agenda will be available for public review in the City Clerk's Office and at the City Council meeting. If supplemental materials are made available to the members of the City Council at the meeting, a copy will be available for public review in the City Council Chambers. All supplemental materials shall be posted online after the meeting. The City Clerk shall not accept any agenda item or revised agenda item after established deadlines unless authorized by the City Manager.

6.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. Matters not included on the published agenda may not be discussed and acted upon unless otherwise February 14, 2023 Regular Meeting of the Lindsay City Council

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authorized by State law or providing the City Council finds one of the following conditions is met: a) Four-fifths of the City Council determines that the subject meets the criteria of "Emergency" as defined in Section M. b) Four-fifths of the City Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.

6.3 Location of Posting. The notice and agenda shall be posted on a bulletin board, publicly accessible, at City Hall, 251 E. Honolulu Street, Lindsay, California, and on the City website.

SECTION 7. AGENDA CONTENTS

7.2 Agenda Packets. Councilmembers are expected to review the agenda and all agenda packet materials, participate in discussions, and make an informed decision on the merits of the issues before them. The complete agenda packet for any regular, special, or study session meeting shall be made available to the public as required by law.

7.1a. Packet Preparation. No later than the Friday prior to the City Council Meeting, the City Clerk shall prepare the agenda packet, which shall include the agenda plus all of its corresponding agenda reports and attachments. No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered. Reports carried over as Old Business shall be reproduced again at the City Manager's discretion.

7.3 Limitation to Act Only on Items on the Agenda. No action shall be taken on any matter not on the posted agenda, subject only to the exception whereupon a majority of the Council determines the existence of an “emergency situation” as defined by state law.

7.27.4 “Emergency Matter". In accordance with State Law, an emergency matter arises when prompt action is necessary due to the disruption or threatened disruption of public facilities and a majority of the City Council determines that: 1) a work stoppage or other activity which severely impairs public health, safety, or both; 2) a crippling disaster which severely impairs public health, safety or both.

Notice of the Council’s proposed consideration of any such emergency matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.

7.37.5 "Timing" of Agenda. The City Clerk will “time” each agenda item as a way for the Council to maintain a sense of how much time can be committed to any one February 14, 2023 Regular Meeting of the Lindsay City Council

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item without going past an established ending time for the meeting. This includes a suggested maximum of 10 minutes for any presentations to Council.

7.47.6 Consent Calendar. The Consent Calendar may include routine and noncontroversial items. Items on the Consent Calendar are treated as one agenda item and shall be acted upon by a single vote of Council. A Councilmember may request an item be removed from the Consent Calendar. Councilmembers shall be given the opportunity to ask a clarifying question about a consent item or make a brief comment about an item without having to remove the item from the Consent Calendar.

7.7 Council Requests for Future Agenda Items. Council requests for future agenda a items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. Iincluding all supporting documents if applicable, shall be submitted to the City Manager or City Clerk by 5:00 p.m. of the Wednesday preceding a Tuesday Regular Meeting.If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.

7.8 Procedure for Bringing Matters before City Council. a. Requesting Matters for Placement on the Agenda. Matters requested by City staff are approved by the City Manager. Agenda reports shall be reviewed by the City Manager. The City Manager can recommend that the matter be referred to the City Council or back to the originating department for adherence to required form, additional analysis, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions. The City Manager determines the placement and timing of items on the Agenda. b. Emergency and Non-Agendized Items. Emergency and non-agendized items may be added to an agenda only in accordance with state law.

Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies that severely impair the public health and/or safety qualify for emergency meetings. Adding an emergency item requires a four-fifths vote of the Council. Emergency items are very rare. More likely, after the agenda is posted, an item arises that the City Council would like to act on.

Nonagendized items may be added to the agenda only if the City Council makes findings that 1) the need to consider the item arose after the posting February 14, 2023 Regular Meeting of the Lindsay City Council

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of the agenda; and 2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a fourfifths vote; if less than five members of City Council are present, the findings require a unanimous vote of those present.
c. Scheduling Public Hearings Mandated by State, Federal, or Local Statute.

The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or local statute mandates the City Council hold a public hearing.
d. Submission of Agenda Items. Except for Old Business, as a condition to placing an item on the agenda, agenda items from departments, shall be furnished to the City Clerk at a time established by the City Manager. The City Manager has set a deadline of 12:00 p.m. on Monday eight days prior to the regular City Council Meeting at which the item is to be presented. If Monday falls on a holiday, the agenda item shall be submitted to the City Clerk on the preceding Thursday, twelve days before a meeting. e. Proclamations. Ceremonial proclamations are often requested of the City in recognition of an event or individual. Certificates and Proclamations may be sent directly to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Council’s discretion. Proclamations may be approved by the Mayor, Two (2) Members of the City Council, or the City Manager (for routine items).

Proclamations or certificates of recognition will not be issued for: Political Campaigns or Endorsements of Political Candidates, individuals with no direct relationship to the City of Lindsay, or individuals contrary to City policies or any applicable law or regulation. City Council Members will have the opportunity for rebuttal of a proclamation immediately following its reading.
f. Formal City Council Positions. Formal support or opposition by the City Council for any form of a legislative platform, specific legislation or other matters shall be approved by a majority of the City Council. Any individual Councilmember may request the Mayor for approval to add an item to the agenda for consideration. The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council. The City Council shall not take action on any matter that has no direct effect on the local affairs of the City of Lindsay and over which the City, as a California municipal corporation, has no jurisdiction.

The requesting Councilmember shall furnish with the request, proposed February 14, 2023 Regular Meeting of the Lindsay City Council

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language in the form of a letter, resolution, or other documentation that provides a direct connection or effect on the City of Lindsay. g. Scheduling a Presentation. Any requests for a presentation, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of a presentation, a vote will be taken on the item. If a majority of the City Council supports the presentation, then the presentation will be scheduled within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether a presentation should be added to an agenda, not the merit of the item. Members of the public may also request a presentation in writing to the City Clerk of City Manager. Staff shall present the written request to the Council at the meeting following the written request. A vote will be taken on the item.

7.5 7.6 Proclamations. Council requests for proclamations shall include either a sample proclamation to be used as a guide or shall provide sufficient information to enable the City Clerk in preparing the proclamation. Proclamations or certificates of recognition will not be issued for:
a. Political Campaigns or Endorsements of Political Candidates. b. Events, organizations, or individuals with no direct relationship to the City of Lindsay.
c. Events, organizations, or individuals contrary to City policies or any applicable law or regulation.

SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

8.1 Sergeant-at-Arms. The Chief of Police their designee shall serve as the Sergeantat-Arms of the Council meetings, and shall be in attendance when requested by the Presiding Officer. The Sergeant-at-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at council meetings. The Mayor may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the City Council meetings. Upon instructions of the Mayor or a majority of the City Council, it shall be the duty of the Sergeant-of-Arms, or any officer present, to escort outside or place under arrest any person who violates the order and February 14, 2023 Regular Meeting of the Lindsay City Council

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decorum of the meeting, and cause them as necessary, to be prosecuted under the provisions of applicable law. Effective January 1, 2022, Senate Bill (SB) 1100 Section 54957.95 pertaining to orderly conduct of open meetings will be in effect.

8.2 Parliamentarian. The City Clerk shall be designated as Parliamentarian for the City Council proceedings to advise the Presiding Officer, within the limitations imposed by Rosenberg’s Rules of Order and in consultation with the City Attorney.

8.3 Presiding Officer. The Mayor shall serve as the Presiding Officer of the Council.

As Presiding Officer, the Mayor is responsible for running a timely and orderly meeting. If the Mayor is unavailable, the Mayor Pro Tem shall run the meeting.

In the absence of both the Mayor and the Mayor Pro Tem, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be selected by the Councilmembers present for the duration of one meeting only.

8.4 Responsibilities of the Presiding Officer.
a. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and among Council, staff and public.
b. Communication with Councilmembers
i. Councilmembers shall request the floor from the Presiding Officer before speaking.
ii. When one member of the Council has the floor and is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.
c. Communication with Members of the Public Addressing the Council i. The Presiding Officer shall open the floor for public comment as appropriate.
ii. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Councilmembers and among Councilmembers and
members of the public.
iii. Members of the public shall direct their questions and comments to the Council, not to staff.

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8.5 Rules of Order. The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:
a. A motion is not required prior to a general discussion on an agenda item.

A pre-motion discussion allows the members to share their thoughts so that a motion can more easily be made that considers what appears to be the majority position.
b. All motions except nominations require a second.
c. A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
d. A motion to amend may still be used.

8.6 Public Hearing Procedures. Generally, public hearings are to be conducted in the following order:
a. Presentation of Staff Report.
b. Questions by Council and/or Staff.
c. Presiding Officer Opens Hearing.
d. Public Testimony.
i. Public Hearings shall be conducted with such time necessary for a fair and reasonable oral testimony; it is the City’s policy not to institute time limits for public testimony under Public Hearing matters.
e. Presiding Officer Closes Hearing.
i. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the Council to reopen the hearing.
ii. No main motions may be made by a Councilmember until after a hearing is closed for public comment.
f. Discussion by Council.
g. Action by Council.

8.7 Public Comment.
a. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for February 14, 2023 Regular Meeting of the Lindsay City Council

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Public Comment. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Presiding Officer.
b. Upon addressing the Council, each speaker is requested, but not required, to state their name.
c. Councilmembers shall be respectful of the speakers and shall not enter into a debate with any member of the public. Cross-exchange, including follow-up questions, between the Council and the public should be limited to the extent possible during Public Comment.
d. The public may also choose to submit a written comment. Public comments received via email, postal mail, or hand-delivered to the City Clerk will be distributed to the Council and incorporated into the official minutes; however, they will not be read aloud in open session. e. A group of speakers may designate a single speaker to represent the group. The designated speaker would be given the time which would have been allocated to others (to a maximum of 10 minutes) to speak.

Individuals wanting to delegate time to another must be present at the meeting and must indicate their desire to cede time to a single individual by notifying the City Clerk.
f. The Presiding Officer or Parliamentarian have the right to ask a member of the public to step down if over the allotted time or if comments are not germane.
g. Unless prior arrangements have been made by a member of the public with the City Clerk by the Friday preceding the Tuesday council meeting at 5:00 P.M., audiovisual materials of any kind will not be permitted during Public Comment.
h. Alternative methods of addressing the Council shall be allowed for persons who do not speak English or those who require other accommodations. Requests for accommodation should be made with the City Clerk.
i. State law provides that Council can take action only on such matters that have been noticed at least 72 hours in advance of the meeting, unless special circumstances are found to exist. As a result, substantive discussion or formal action by the Council on non-agendized items is not allowed under Public Comment.

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8.8 Voting and Motions. Councilmembers will have the opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, any Councilmember may make a motion. Before the motion can be considered or discussed, it must be seconded; a motion that does not receive a second is considered a “dead” motion.

Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion.

8.9 Abstaining from a Vote. Any council member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. Any council member who publicly announces that they are abstaining from voting on a particular matter for specified and valid reasons shall not subsequently be allowed to withdraw that abstention.

8.10 Tie Votes. If a tie vote results at a time when less than all members of the Council who may legally participate in the matter are present, the matter may be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Otherwise, tie votes shall be lost motions.

8.11 Discussion.
a. Speaking More Than Once. To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken, other Councilmembers wishing to speak shall then be recognized. It is not necessary for all City Councilmembers to speak or give their viewpoints if another Councilmember has already addressed their concerns.
b. Relevancy of Discussion. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Councilmembers shall avoid repetition and strive to move the discussion along. Arguments, for or against a measure, should be stated as concisely as possible.

A motion, its nature, or consequences, may be debated vigorously. It is never permissible to attack the motives, character, or personality of a Councilmember either directly or by innuendo or implication. It is the February 14, 2023 Regular Meeting of the Lindsay City Council

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duty of the Presiding Officer to instantly rule out of order any Councilmember who engages in personal attacks.

It is the responsibility of each Councilmember to maintain an open mind on all issues during discussion and deliberation.
c. Duties of Councilmembers. Promptly at the time and the date of each regular meeting, members of the City Council shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition.
d. Presiding Officer’s Duties During Discussion. The Presiding Officer has the responsibility of controlling and expediting the discussion. A Councilmember who has been recognized to speak on a question has a right to the undivided attention of the Council. It is the duty of the Presiding Officer to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary. c.
d.e. After the Vote. Once a majority of the Council has approved a motion, no further discussion shall be made.

8.12 Councilmember Respect. Councilmembers shall abide by the majority decision of the Council, even if in the minority. All members of the Council, including those serving as Mayor and Mayor Pro Tem, have equal votes. No Councilmember has more power than any other, and all shall be treated with equal respect.

SECTION 9. CLOSED SESSIONS

9.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Lindsay financially. Therefore, closed sessions shall be held from time to time in accordance with the law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.

9.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

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The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.

9.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act.

Violation of this rule shall be considered a breach of this rule of confidentiality and grounds for censure.

9.4 Agenda. The agenda for a closed session will contain that information required to be disclosed pursuant to the Ralph M. Brown Act.

9.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M. Brown Act. The City Attorney and/or City Clerk will advise in advance on topics that may be discussed in a closed session.

9.6 Rules of Decorum.
a. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable and safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.
b. Prior to a vote, the Presiding Officer shall ensure that the motion is clearly stated and clearly understood by all Councilmembers.
b.c.Decorum by Councilmembers. While the City Council is in session, Councilmembers must respect the Presiding Officer’s authority to conduct each meeting and preserve order and decorum. A member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council nor disturb any member while speaking, nor refuse to obey the orders of the Council, or the Mayor, except as otherwise herein provided. Members shall make the public feel welcome, value each other's time and respect each other's opportunity to speak while attempting to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority.

9.7 Conduct of Meeting.

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a. The Presiding Officer will call the closed session to order. b. The Presiding Officer will keep discussion focused on the permissible topics.
c. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.
d. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Councilmember, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

9.8 Public Disclosure After Final Action.
a. The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session, and the vote, including abstentions, as directed by the Ralph M. Brown Act. B. The report will state only the action taken and the vote. Unless authorized by the majority of the City Council, the report will not make representations as to the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.

SECTION 10. DECORUM

10.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord the utmost courtesy to each other, City employees, and the public. When speaking, a Councilmember’s tone should remain neutral and non-verbal communication aspects should be considerate and polite.

10.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council.

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10.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.

10.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the City Hall Chambers which disrupts City Council meetings, shall not be permitted. All cellular phones and other consumer electronic devices shall be muted while in the chambers.

SECTION 11. DISCLAIMER
To the extent a matter is not covered by the Handbook, the Presiding Officer in consultation with the City Clerk and/or City Attorney may make a ruling. Any such ruling may not violate the Charter of the City of Lindsay, the Lindsay Municipal Code, or statutory provisions that may govern a particular matter.

If any rule, guideline, or policy contained herein is in conflict with the provisions of the Charter or the Lindsay Municipal Code, such rule shall be deemed invalid or modified to conform to the Charter or Lindsay Municipal Code. Such invalidity shall not affect other rules, guidelines, or policies contained herein which can be given effect without the invalid rule, guideline, or policy, and to this end these rules, guidelines, and policies are severable. Any deviation from the City Council Handbook shall not, alone, invalidate the approval of any matter.

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APPENDIX A: OPEN & PUBLIC: A GUIDE TO THE RALPH M. BROWN ACT (LEAGUE OF CALIFORNIA CITIES)
APPENDIX B: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY)
APPENDIX C: CITY OF LINDSAY SOCIAL MEDIA POLICY
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Open & Public V
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
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II OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT

ACKNOWLEDGEMENTS

ACKNOWLEDGEMENTS
The League thanks the following individuals for their work on this publication:

Brown Act Committee
Michael Jenkins, Committee Chair
City Attorney, Hermosa Beach, Rolling Hills and West Hollywood Michael W. Barrett
City Attorney, Napa
Damien Brower
City Attorney, Brentwood
Ariel Pierre Calonne
City Attorney, Santa Barbara
Veronica Ramirez
Assistant City Attorney, Redwood City
Malathy Subramanian
City Attorney, Clayton and Lafayette
Paul Zarefsky
Deputy City Attorney, San Francisco
Gregory W. Stepanicich
1st Vice President, City Attorneys’ Department
City Attorney Fairfield, Mill Valley, Town of Ross
League Staff
Patrick Whitnell, General Counsel
Koreen Kelleher, Assistant General Counsel
Corrie Manning, Senior Deputy General Counsel
Alison Leary, Deputy General Counsel
Janet Leonard, Legal Assistant
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 1
Open & PublicV
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ....................................................5 CHAPTER 2: LEGISLATIVE BODIES .................................................................11 CHAPTER 3: MEETINGS .................................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ...................29 CHAPTER 5: CLOSED SESSIONS ....................................................................41 CHAPTER 6: REMEDIES .................................................................................55 February 14, 2023 Regular Meeting of the Lindsay City Council

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2 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT

TABLE OF CONTENTS

TABLE OF CONTENTS
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ..........................................5 The right of access ...................................................................................................................6 Broad coverage ........................................................................................................................6 Narrow exemptions .................................................................................................................7 Public participation in meetings ..............................................................................................7 Controversy ..............................................................................................................................8 Beyond the law — good business practices ............................................................................8 Achieving balance ....................................................................................................................9 Historical note ..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES .......................................................11 What is a “legislative body” of a local agency? ......................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14 CHAPTER 3: MEETINGS ........................................................................17 Brown Act meetings ...............................................................................................................18 Six exceptions to the meeting definition ...............................................................................18 Collective briefings .................................................................................................................21 Retreats or workshops of legislative bodies ..........................................................................21 Serial meetings .......................................................................................................................21 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................24 Location of meetings ..............................................................................................................25 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ......29 Agendas for regular meetings ................................................................................................30 Mailed agenda upon written request.....................................................................................31 Notice requirements for special meetings ............................................................................32 Notices and agendas for adjourned and continued meetings and hearings ........................32 Notice requirements for emergency meetings .....................................................................32 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings ....................................33 February 14, 2023 Regular Meeting of the Lindsay City Council

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Non-agenda items ..................................................................................................................34 Responding to the public .......................................................................................................34 The right to attend and observe meetings ............................................................................35 Records and recordings .........................................................................................................36 The public’s place on the agenda ..........................................................................................37 CHAPTER 5: CLOSED SESSIONS ..........................................................41 Agendas and reports ..............................................................................................................42 Litigation .................................................................................................................................43 Real estate negotiations ........................................................................................................45 Public employment ................................................................................................................46 Labor negotiations .................................................................................................................47 Labor negotiations — school and community college districts ............................................48 Other Education Code exceptions .........................................................................................48 Joint Powers Authorities ........................................................................................................48 License applicants with criminal records ..............................................................................49 Public security ........................................................................................................................49 Multijurisdictional law enforcement agency .........................................................................49 Hospital peer review and trade secrets .................................................................................49 Other legislative bases for closed session .............................................................................50 Who may attend closed sessions ..........................................................................................50 The confidentiality of closed session discussions .................................................................50 CHAPTER 6: REMEDIES ........................................................................55 Invalidation .............................................................................................................................56 Applicability to Past Actions ..................................................................................................57 Civil action to prevent future violations .................................................................................57 Costs and attorney’s fees ......................................................................................................58 Criminal complaints ...............................................................................................................58 Voluntary resolution ...............................................................................................................59 February 14, 2023 Regular Meeting of the Lindsay City Council

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 5 5
Chapter 1
IT IS THE PEOPLE’S BUSINESS
The right of access .............................................................................................................. 6 Broad coverage ................................................................................................................... 6 Narrow exemptions ............................................................................................................ 7 Public participation in meetings ......................................................................................... 7 Controversy ......................................................................................................................... 8 Beyond the law — good business practices ...................................................................... 8 Achieving balance ............................................................................................................... 9 Historical note ..................................................................................................................... 9

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CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the Brown Act’s initial section, declaring the Legislature’s intent:
“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”1
The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government information:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”2 The Brown Act’s other unchanged provision is a single sentence:
“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.”3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act.

Broad coverage
The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly-elected members of a legislative body, even before they take office.

Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body Chapter 1
IT IS THE PEOPLE’S BUSINESS
PRACTICE TIP: The key to the
Brown Act is a single sentence.

In summary, all meetings shall
be open and public except
when the Brown Act authorizes
otherwise.

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discusses, deliberates or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference.

New communication technologies present new Brown Act challenges. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by members of a legislative body in an internet chatroom or blog dialogue. Communicating during meetings using electronic technology (such as laptop computers, tablets, or smart phones) may create the perception that private communications are influencing the outcome of decisions; some state legislatures have banned the practice. On the other hand, widespread cablecasting and web streaming of meetings has greatly expanded public access to the decision-making process.

Narrow exemptions
The express purpose of the Brown Act is to assure that local government agencies conduct the public’s business openly and publicly. Courts and the California Attorney General usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules.4
Generally, public officials should think of themselves as living in glass houses, and that they may only draw the curtains when it is in the public interest to preserve confidentiality. Closed sessions may be held only as specifically authorized by the provisions of the Brown Act itself.

The Brown Act, however, is limited to meetings among a majority of the members of multimember government bodies when the subject relates to local agency business. It does not apply to independent conduct of individual decision-makers. It does not apply to social, ceremonial, educational, and other gatherings as long as a majority of the members of a body do not discuss issues related to their local agency’s business. Meetings of temporary advisory committees — as distinguished from standing committees — made up solely of less than a quorum of a legislative body are not subject to the Brown Act.

The law does not apply to local agency staff or employees, but they may facilitate a violation by acting as a conduit for discussion, deliberation, or action by the legislative body.5 The law, on the one hand, recognizes the need of individual local officials to meet and discuss matters with their constituents. On the other hand, it requires — with certain specific exceptions to protect the community and preserve individual rights — that the decision-making process be public. Sometimes the boundary between the two is not easy to draw.

Public participation in meetings
In addition to requiring the public’s business to be conducted in open, noticed meetings, the Brown Act also extends to the public the right to participate in meetings. Individuals, lobbyists, and members of the news media possess the right to attend, record, broadcast, and participate in public meetings. The public’s participation is further enhanced by the Brown Act’s requirement that a meaningful agenda be posted in advance of meetings, by limiting discussion and action to matters listed on the agenda, and by requiring that meeting materials be made available.

Legislative bodies may, however, adopt reasonable regulations on public testimony and the conduct of public meetings, including measures to address disruptive conduct and irrelevant speech.

PRACTICE TIP: Think of the
government’s house as being
made of glass. The curtains may
be drawn only to further the
public’s interest. A local policy
on the use of laptop computers,
tablets, and smart phones during
Brown Act meetings may help
avoid problems.

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Controversy
Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception.

News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation. They often suspect that closed sessions are being misused.

Public officials complain that the Brown Act makes it difficult to respond to constituents and requires public discussions of items better discussed privately — such as why a particular person should not be appointed to a board or commission. Many elected officials find the Brown Act inconsistent with their private business experiences. Closed meetings can be more efficient; they eliminate grandstanding and promote candor. The techniques that serve well in business — the working lunch, the sharing of information through a series of phone calls or emails, the backroom conversations and compromises — are often not possible under the Brown Act.

As a matter of public policy, California (along with many other states) has concluded that there is more to be gained than lost by conducting public business in the open. Government behind closed doors may well be efficient and business-like, but it may be perceived as unresponsive and untrustworthy.

Beyond the law — good business practices
Violations of the Brown Act can lead to invalidation of an agency’s action, payment of a challenger’s attorney fees, public embarrassment, even criminal prosecution. But the Brown Act is a floor, not a ceiling for conduct of public officials. This guide is focused not only on the Brown Act as a minimum standard, but also on meeting practices or activities that, legal or not, are likely to create controversy. Problems may crop up, for example, when agenda descriptions are too brief or vague, when an informal gettogether takes on the appearance of a meeting, when an agency conducts too much of its business in closed session or discusses matters in closed session that are beyond the authorized scope, or when controversial issues arise that are not on the agenda.

The Brown Act allows a legislative body to adopt practices and requirements for greater access to meetings for itself and its subordinate committees and bodies that are more stringent than the law itself requires.6
Rather than simply restate the basic
requirements of the Brown Act, local open meeting policies should strive to anticipate and prevent problems in areas where the Brown Act does not provide full guidance. As with the adoption of any other significant policy, public comment should be solicited.

A local policy could build on these basic Brown Act goals:
A legislative body’s need to get its business done smoothly; The public’s right to participate meaningfully in meetings, and to review documents used in decision-making at a relevant point in time;
A local agency’s right to confidentially address certain negotiations, personnel matters, claims and litigation; and
The right of the press to fully understand and communicate public agency decision-making.

PRACTICE TIP: Transparency
is a foundational value for
ethical government practices.

The Brown Act is a floor, not a
ceiling, for conduct.

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An explicit and comprehensive public meeting and information policy, especially if reviewed periodically, can be an important element in maintaining or improving public relations. Such a policy exceeds the absolute requirements of the law — but if the law were enough, this guide would be unnecessary. A narrow legalistic approach will not avoid or resolve potential controversies. An agency should consider going beyond the law, and look at its unique circumstances and determine if there is a better way to prevent potential problems and promote public trust. At the very least, local agencies need to think about how their agendas are structured in order to make Brown Act compliance easier. They need to plan carefully to make sure public participation fits smoothly into the process.

Achieving balance
The Brown Act should be neither an excuse for hiding the ball nor a mechanism for hindering efficient and orderly meetings. The Brown Act represents a balance among the interests of constituencies whose interests do not always coincide. It calls for openness in local government, yet should allow government to function responsively and productively.

There must be both adequate notice of what discussion and action is to occur during a meeting as well as a normal degree of spontaneity in the dialogue between elected officials and their constituents.

The ability of an elected official to confer with constituents or colleagues must be balanced against the important public policy prohibiting decision-making outside of public meetings.

In the end, implementation of the Brown Act must ensure full participation of the public and preserve the integrity of the decision-making process, yet not stifle government officials and impede the effective and natural operation of government.

Historical note
In late 1951, San Francisco Chronicle reporter Mike Harris spent six weeks looking into the way local agencies conducted meetings. State law had long required that business be done in public, but Harris discovered secret meetings or caucuses were common. He wrote a 10-part series on “Your Secret Government” that ran in May and June 1952.

Out of the series came a decision to push for a new state open meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted such a bill and Assembly Member Ralph M. Brown agreed to carry it. The Legislature passed the bill and Governor Earl Warren signed it into law in 1953.

The Ralph M. Brown Act, known as the Brown Act, has evolved under a series of amendments and court decisions, and has been the model for other open meeting laws — such as the Bagley-Keene Act, enacted in 1967 to cover state agencies.

Assembly Member Brown is best known for the open meeting law that carries his name. He was elected to the Assembly in 1942 and served 19 years, including the last three years as Speaker. He then became an appellate court justice.

PRACTICE TIP: The Brown Act
should be viewed as a tool
to facilitate the business of
local government agencies.

Local policies that go beyond
the minimum requirements
of law may help instill public
confidence and avoid problems.

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ENDNOTES:
1 California Government Code section 54950
2 California Constitution, Art. 1, section 3(b)(1)
3 California Government Code section 54953(a)
4 This principle of broad construction when it furthers public access and narrow construction if a provision limits public access is also stated in the amendment to the State’s Constitution adopted by Proposition 59 in 2004. California Constitution, Art. 1, section 3(b)(2). 5 California Government Code section 54952.2(b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533
6 California Government Code section 54953.7
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT11 11 Chapter 2

LEGISLATIVE BODIES
What is a “legislative body” of a local agency? ................................................................ 12 What is not a “legislative body” for purposes of the Brown Act? .................................... 14 February 14, 2023 Regular Meeting of the Lindsay City Council

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CHAPTER 2: LEGISLATIVE BODIES
The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.1 What is a “legislative body” of a local agency?
A “legislative body” includes:
The “governing body of a local agency” and certain of its subsidiary bodies; “or any other local body created by state or federal statute.”2 This
includes city councils, boards of supervisors, school boards and boards of trustees of special districts. A “local agency” is any city, county, city and county, school district, municipal corporation, successor agency to a redevelopment agency, district, political subdivision or other local public agency.3
A housing authority is a local agency under the Brown Act even though it is created by and is an agent of the state.4 The California
Attorney General has opined that air pollution control districts and regional open space districts are also covered.5
Entities created pursuant
to joint powers agreements are also local agencies within the meaning of the Brown Act.6
Newly-elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office.7 Thus, meetings
between incumbents and newly-elected members of a legislative body, such as a meeting between two outgoing members and a member-elect of a five-member body, could violate the Brown Act.

Q. On the morning following the election to a five-member legislative body of a local agency, two successful candidates, neither an incumbent, meet with an incumbent member of the legislative body for a celebratory breakfast. Does this violate the Brown Act?
A. It might, and absolutely would if the conversation turns to agency business. Even though the candidates-elect have not officially been sworn in, the Brown Act applies.

If purely a social event, there is no violation but it would be preferable if others were invited to attend to avoid the appearance of impropriety. Appointed bodies — whether permanent or temporary, decision-making or advisory — including planning commissions, civil service commissions and other subsidiary committees, boards, and bodies. Volunteer groups, executive search committees, task forces, and blue ribbon committees created by formal action of the governing body are legislative bodies. When the members of two or more legislative bodies are appointed to serve on an entirely separate advisory group, the resulting body may be subject to the Chapter 2

LEGISLATIVE BODIES
PRACTICE TIP: The prudent
presumption is that an advisory
committee or task force is
subject to the Brown Act. Even
if one clearly is not, it may want
to comply with the Brown Act.

Public meetings may reduce the
possibility of misunderstandings
and controversy.

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Brown Act. In one reported case, a city council created a committee of two members of the city council and two members of the city planning commission to review qualifications of prospective planning commissioners and make recommendations to the council. The court held that their joint mission made them a legislative body subject to the Brown Act.

Had the two committees remained separate; and met only to exchange information and report back to their respective boards, they would have been exempt from the Brown Act.8 Standing committees of a legislative body, irrespective of their composition, which have either: (1) a continuing subject matter jurisdiction; or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body.9 Even if it comprises
less than a quorum of the governing body, a standing committee is subject to the Brown Act. For example, if a governing body creates long-term committees on budget and finance or on public safety, those are standing committees subject to the Brown Act. Further, according to the California Attorney General, function over form controls. For example, a statement by the legislative body that the advisory committee “shall not exercise continuing subject matter jurisdiction” or the fact that the committee does not have a fixed meeting schedule is not determinative.10 “Formal action” by a legislative body includes authorization given to the agency’s executive officer to appoint an advisory committee pursuant to agency-adopted policy.11
The governing body of any private organization either: (1) created by the legislative body in order to exercise authority that may lawfully be delegated by such body to a private corporation, limited liability company or other entity; or (2) that receives agency funding and whose governing board includes a member of the legislative body of the local agency appointed by the legislative body as a full voting member of the private entity’s governing board.12 These include some nonprofit corporations created by local agencies.13 If a local agency contracts with a private firm for a service (for example, payroll, janitorial, or food services), the private firm is not covered by the Brown Act.14 When a member of a legislative body sits on a board of a private organization as a private person and is not appointed by the legislative body, the board will not be subject to the Brown Act. Similarly, when the legislative body appoints someone other than one of its own members to such boards, the Brown Act does not apply. Nor does it apply when a private organization merely receives agency funding.15
Q: The local chamber of commerce is funded in part by the city. The mayor sits on the chamber’s board of directors. Is the chamber board a legislative body subject to the Brown Act?
A: Maybe. If the chamber’s governing documents require the mayor to be on the board and the city council appoints the mayor to that position, the board is a legislative body. If, however, the chamber board independently appoints the mayor to its board, or the mayor attends chamber board meetings in a purely advisory capacity, it is not.

Q: If a community college district board creates an auxiliary organization to operate a campus bookstore or cafeteria, is the board of the organization a legislative body? A: Yes. But, if the district instead contracts with a private firm to operate the bookstore or cafeteria, the Brown Act would not apply to the private firm. Certain types of hospital operators. A lessee of a hospital (or portion of a hospital) PRACTICE TIP: It can be
difficult to determine whether
a subcommittee of a body falls
into the category of a standing
committee or an exempt
temporary committee. Suppose a
committee is created to explore
the renewal of a franchise or a
topic of similarly limited scope
and duration. Is it an exempt
temporary committee or a nonexempt standing committee? The answer may depend on factors
such as how meeting schedules
are determined, the scope of the
committee’s charge, or whether
the committee exists long enough
to have “continuing jurisdiction.”
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14 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
first leased under Health and Safety Code subsection 32121(p) after January 1, 1994, which exercises “material authority” delegated to it by a local agency, whether or not such lessee is organized and operated by the agency or by a delegated authority.16 What is not a “legislative body” for purposes of the Brown Act? A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act.17 Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion.18
Groups advisory to a single decision-maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others. A committee advising a superintendent of schools would not be covered by the Brown Act. However, the same committee, if created by formal action of the school board, would be covered.19
Q. A member of the legislative body of a local agency informally establishes an advisory committee of five residents to advise her on issues as they arise. Does the Brown Act apply to this committee?
A. No, because the committee has not been established by formal action of the legislative body.

Q. During a meeting of the city council, the council directs the city manager to form an advisory committee of residents to develop recommendations for a new ordinance. The city manager forms the committee and appoints its members; the committee is instructed to direct its recommendations to the city manager. Does the Brown Act apply to this committee?
A. Possibly, because the direction from the city council might be regarded as a formal action of the body notwithstanding that the city manager controls the committee. Individual decision makers who are not elected or appointed members of a legislative body are not covered by the Brown Act. For example, a disciplinary hearing presided over by a department head or a meeting of agency department heads are not subject to the Brown Act since such assemblies are not those of a legislative body.20 Public employees, each acting individually and not engaging in collective deliberation on a specific issue, such as the drafting and review of an agreement, do not constitute a legislative body under the Brown Act, even if the drafting and review process was established by a legislative body.21
County central committees of political parties are also not Brown Act bodies.22 ENDNOTES:
1 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127 February 14, 2023 Regular Meeting of the Lindsay City Council

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 15
2 California Government Code section 54952(a) and (b)
3 California Government Code section 54951; Health and Safety Code section 34173(g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Education Code section 35147, which exempts certain school councils and school site advisory committees from the Brown Act and imposes upon them a separate set of rules.
4 Torres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550
5 71 Ops.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990) 6 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.

App.4th 354, 362
7 California Government Code section 54952.1
8 Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805 9 California Government Code section 54952(b)
10 79 Ops.Cal.Atty.Gen. 69 (1996)
11 Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793 12 California Government Code section 54952(c)(1). Regarding private organizations that receive local agency funding, the same rule applies to a full voting member appointed prior to February 9, 1996 who, after that date, is made a non-voting board member by the legislative body. California Government Code section 54952(c)(2)
13 California Government Code section 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300; Epstein v. Hollywood Entertainment Dist. II Business Improvement District (2001) 87 Cal.App.4th 862, 876; see also 85 Ops.Cal.Atty.Gen. 55 (2002)
14 International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal (1999) 69 Cal.

App.4th 287, 300 fn. 5
15 “The Brown Act, Open Meetings for Local Legislative Bodies,” California Attorney General’s Office (2003), p. 7
16 California Government Code section 54952(d)
17 California Government Code section 54952(b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 18 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129 19 56 Ops.Cal.Atty.Gen. 14, 16-17 (1973)
20 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879 21 Golightly v. Molina (2014) 229 Cal.App.4th 1501, 1513 22 59 Ops.Cal.Atty.Gen. 162, 164 (1976)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT17 17 Chapter 3

MEETINGS
Brown Act meetings ......................................................................................................... 18 Six exceptions to the meeting definition .......................................................................... 18 Collective briefings ............................................................................................................ 21 Retreats or workshops of legislative bodies..................................................................... 21 Serial meetings ................................................................................................................. 21 Informal gatherings ........................................................................................................... 24 Technological conferencing .............................................................................................. 24 Location of meetings ........................................................................................................ 25 February 14, 2023 Regular Meeting of the Lindsay City Council

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18 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 3: MEETINGS
The Brown Act only applies to meetings of local legislative bodies. The Brown Act defines a meeting as: “… and any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take any action on any item that is within the subject matter jurisdiction of the legislative body.”1
The term “meeting” is not limited to
gatherings at which action is taken but includes deliberative gatherings as well. A hearing before an individual hearing officer is not a meeting under the Brown Act because it is not a hearing before a legislative body.2 Brown Act meetings
Brown Act meetings include a legislative body’s regular meetings, special meetings, emergency meetings, and adjourned meetings.
“Regular meetings” are meetings occurring at the dates, times, and location set by resolution, ordinance, or other formal action by the legislative body and are subject to 72- hour posting requirements.3
“Special meetings” are meetings called by the presiding officer or majority of the legislative body to discuss only discrete items on the agenda under the Brown Act’s notice requirements for special meetings and are subject to 24-hour posting requirements.4 “Emergency meetings” are a limited class of meetings held when prompt action is needed due to actual or threatened disruption of public facilities and are held on little notice.5 “Adjourned meetings” are regular or special meetings that have been adjourned or re-adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted.6
Six exceptions to the meeting definition
The Brown Act creates six exceptions to the meeting definition:7 Individual Contacts
The first exception involves individual contacts between a member of the legislative body and any other person. The Brown Act does not limit a legislative body member acting on his or her own. This exception recognizes the right to confer with constituents, advocates, consultants, news reporters, local agency staff, or a colleague.

Individual contacts, however, cannot be used to do in stages what would be prohibited in one step. For example, a series of individual contacts that leads to discussion, deliberation, or action among a majority of the members of a legislative body is prohibited. Such serial meetings are discussed below.

Chapter 3

MEETINGS
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 19
Conferences
The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body.

Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, so long as those meetings are open to the public. However, a majority of members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within their local agency’s subject matter jurisdiction.

Community Meetings
The third exception allows a legislative body majority to attend an open and publicized meeting held by another organization to address a topic of local community concern. A majority cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the legislative body’s subject matter jurisdiction. Under this exception, a legislative body majority may attend a local service club meeting or a local candidates’ night if the meetings are open to the public. “I see we have four distinguished members of the city council at our meeting tonight,” said the chair of the Environmental Action Coalition.“I wonder if they have anything to say about the controversy over enacting a slow growth ordinance?”
The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if a majority discusses, deliberates, or takes action on an item during the meeting of the other organization. There is a fine line between what is permitted and what is not; hence, members should exercise caution when participating in these types of events.

Q. The local chamber of commerce sponsors an open and public candidate debate during an election campaign. Three of the five agency members are up for re-election and all three participate. All of the candidates are asked their views of a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question?
A. Yes, because the Brown Act does not constrain the incumbents from expressing their views regarding important matters facing the local agency as part of the political process the same as any other candidates.

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20 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 3: MEETINGS
Other Legislative Bodies
The fourth exception allows a majority of a legislative body to attend an open and publicized meeting of: (1) another body of the local agency; and (2) a legislative body of another local agency.8
Again, the majority
cannot discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within their subject matter jurisdiction. This exception allows, for example, a city council or a majority of a board of supervisors to attend a controversial meeting of the planning commission.

Nothing in the Brown Act prevents the majority of a legislative body from sitting together at such a meeting. They may choose not to, however, to preclude any possibility of improperly discussing local agency business and to avoid the appearance of a Brown Act violation. Further, aside from the Brown Act, there may be other reasons, such as due process considerations, why the members should avoid giving public testimony or trying to influence the outcome of proceedings before a subordinate body.

Q. The entire legislative body intends to testify against a bill before the Senate Local Government Committee in Sacramento. Must this activity be noticed as a meeting of the body?
A. No, because the members are attending and participating in an open meeting of another governmental body which the public may attend.

Q. The members then proceed upstairs to the office of their local Assembly member to discuss issues of local interest. Must this session be noticed as a meeting and be open to the public?
A. Yes, because the entire body may not meet behind closed doors except for proper closed sessions. The same answer applies to a private lunch or dinner with the Assembly member.

Standing Committees
The fifth exception authorizes the attendance of a majority at an open and noticed meeting of a standing committee of the legislative body, provided that the legislative body members who are not members of the standing committee attend only as observers (meaning that they cannot speak or otherwise participate in the meeting).9
Q. The legislative body establishes a standing committee of two of its five members, which meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she?
A. She may attend, but only as an observer; she may not participate.

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 21
Social or Ceremonial Events
The final exception permits a majority of a legislative body to attend a purely social or ceremonial occasion. Once again, a majority cannot discuss business among themselves of a specific nature that is within the subject matter jurisdiction of the legislative body.

Nothing in the Brown Act prevents a majority of members from attending the same football game, party, wedding, funeral, reception, or farewell. The test is not whether a majority of a legislative body attends the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. So long as no such business is discussed, there is no violation of the Brown Act.

Grand Jury Testimony
In addition, members of a legislative body, either individually or collectively, may give testimony in private before a grand jury.10 This is the equivalent of a seventh exception to the Brown Act’s definition of a “meeting.”
Collective briefings
None of these exceptions permits a majority of a legislative body to meet together with staff in advance of a meeting for a collective briefing. Any such briefings that involve a majority of the body in the same place and time must be open to the public and satisfy Brown Act meeting notice and agenda requirements.

Retreats or workshops of legislative bodies
Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, or workshops are covered under the Brown Act. This is the case whether the retreat, study session, or workshop focuses on long-range agency planning, discussion of critical local issues, or team building and group dynamics.11
Q. The legislative body wants to hold a team-building session to improve relations among its members. May such a session be conducted behind closed doors? A. No, this is not a proper subject for a closed session, and there is no other basis to exclude the public. Council relations are a matter of public business.

Serial meetings
One of the most frequently asked questions about the Brown Act involves serial meetings. At any one time, such meetings involve only a portion of a legislative body, but eventually involve a majority. The Brown Act provides that “[a] majority of the members of a legislative body shall not, outside a meeting … use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”12 The problem with serial meetings is the process, which deprives the public of an opportunity for meaningful observation of and participation in legislative body decision-making.

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22 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 3: MEETINGS
The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the daisy chain scenario, Member A contacts Member B, Member B contacts Member C, Member C contacts Member D and so on, until a quorum has discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. The hub and spoke process involves at least two scenarios. In the first scenario, Member A (the hub) sequentially contacts Members B, C, and D and so on (the spokes), until a quorum has been contacted. In the second scenario, a staff member (the hub), functioning as an intermediary for the legislative body or one of its members, communicates with a majority of members (the spokes)
one-by-one for for discussion, deliberation, or a decision on a proposed action.13 Another example of a serial meeting is when a chief executive officer (the hub) briefs a majority of members (the spokes) prior to a formal meeting and, in the process, information about the members’ respective views is revealed. Each of these scenarios violates the Brown Act.

A legislative body member has the right, if not the duty, to meet with constituents to address their concerns. That member also has the right to confer with a colleague (but not with a majority of the body, counting the member) or appropriate staff about local agency business. An employee or official of a local agency may engage in separate
conversations or communications outside of an open and
noticed meeting “with members of a legislative body in
order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”14 The Brown Act has been violated, however, if several one-on-one meetings or conferences leads to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum of a city council, by a letter that had been circulated among members outside of a formal meeting, directed staff to take action in an eminent domain proceeding.15 A unilateral written communication to the legislative body, such as an informational or advisory memorandum, does not violate the Brown Act.16 Such a memo, however, may be a public record.17 The phone call was from a lobbyist. “Say, I need your vote for that project in the south area. How about it?”
“Well, I don’t know,” replied Board Member Aletto. “That’s kind of a sticky proposition. You sure you need my vote?”
“Well, I’ve got Bradley and Cohen lined up and another vote leaning. With you I’d be over the top.”
Moments later, the phone rings again. “Hey, I’ve been hearing some rumbles on that south area project,” said the newspaper reporter. “I’m counting noses.

How are you voting on it?”
Neither the lobbyist nor the reporter has violated the Brown Act, but they are facilitating February 14, 2023 Regular Meeting of the Lindsay City Council

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 23
a violation. The board member may have violated the Brown Act by hearing about the positions of other board members and indeed coaxing the lobbyist to reveal the other board members’ positions by asking “You sure you need my vote?” The prudent course is to avoid such leading conversations and to caution lobbyists, staff, and news media against revealing such positions of others.

The mayor sat down across from the city manager. “From now on,” he declared, “I want you to provide individual briefings on upcoming agenda items. Some of this material is very technical, and the council members don’t want to sound like idiots asking about it in public. Besides that, briefings will speed up the meeting.”
Agency employees or officials may have separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”18 Members should always be vigilant when discussing local agency business with anyone to avoid conversations that could lead to a discussion, deliberation or action taken among the majority of the legislative body. “Thanks for the information,” said Council Member Kim. “These zoning changes can be tricky, and now I think I’m better equipped to make the right decision.” “Glad to be of assistance,” replied the planning director. “I’m sure Council Member Jones is OK with these changes. How are you leaning?” “Well,” said Council Member Kim, “I’m leaning toward approval. I know that two of my colleagues definitely favor approval.”
The planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two of her colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act.

Q. The agency’s website includes a chat room where agency employees and officials participate anonymously and often discuss issues of local agency business. Members of the legislative body participate regularly. Does this scenario present a potential for violation of the Brown Act?
A. Yes, because it is a technological device that may serve to allow for a majority of members to discuss, deliberate, or take action on matters of agency business.

Q. A member of a legislative body contacts two other members on a five-member body relative to scheduling a special meeting. Is this an illegal serial meeting? A. No, the Brown Act expressly allows a majority of a body to call a special meeting, though the members should avoid discussing the merits of what is to be taken up at the meeting.

PRACTICE TIP: When briefing
legislative body members,
staff must exercise care not to
disclose other members’ views
and positions.

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24 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 3: MEETINGS
Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply to all” button that may inadvertently result in a Brown Act violation.

Informal gatherings
Often members are tempted to mix business with pleasure — for example, by holding a postmeeting gathering. Informal gatherings at which local agency business is discussed or transacted violate the law if they are not conducted in conformance with the Brown Act.19 A luncheon gathering in a crowded dining room violates the Brown Act if the public does not have an opportunity to attend, hear, or participate in the deliberations of members.

Thursday at 11:30 a.m., as they did every week, the board of directors of the Dry Gulch Irrigation District trooped into Pop’s Donut Shoppe for an hour of talk and fellowship. They sat at the corner window, fronting on Main and Broadway, to show they had nothing to hide. Whenever he could, the managing editor of the weekly newspaper down the street hurried over to join the board.

A gathering like this would not violate the Brown Act if board members scrupulously avoided talking about irrigation district issues — which might be difficult. This kind of situation should be avoided. The public is unlikely to believe the board members could meet regularly without discussing public business. A newspaper executive’s presence in no way lessens the potential for a violation of the Brown Act.

Q. The agency has won a major victory in the Supreme Court on an issue of importance.

The presiding officer decides to hold an impromptu press conference in order to make a statement to the print and broadcast media. All the other members show up in order to make statements of their own and be seen by the media. Is this gathering illegal? A. Technically there is no exception for this sort of gathering, but as long as members do not state their intentions as to future action to be taken and the press conference is open to the public, it seems harmless.

Technological conferencing
Except for certain nonsubstantive purposes, such as scheduling a special meeting, a conference call including a majority of the members of a legislative body is an unlawful meeting. But, in an effort to keep up with information age technologies, the Brown Act specifically allows a legislative body to use any type of teleconferencing to meet, receive public comment and testimony, deliberate, or conduct a closed session.20 While the Brown Act contains specific requirements for conducting a teleconference, the decision to use teleconferencing is entirely discretionary with the body. No person has a right under the Brown Act to have a meeting by teleconference.
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audio or video, or both.”21 In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the Brown Act otherwise applicable. The Brown Act contains the following teleconferencing requirements:22 Teleconferencing may be used for all purposes during any meeting; At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction;
Additional teleconference locations may be made available for the public; Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be applicable; Agendas must be posted at each teleconference location, even if a hotel room or a residence;
Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate; The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location; and
All votes must be by roll call.

Q. A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving from Washington, D.C. to New York. May she? A. She may not participate or vote because she is not in a noticed and posted teleconference location.

The use of teleconferencing to conduct a legislative body meeting presents a variety of issues beyond the scope of this guide to discuss in detail. Therefore, before teleconferencing a meeting, legal counsel for the local agency should be consulted.

Location of meetings
The Brown Act generally requires all regular and special meetings of a legislative body, including retreats and workshops, to be held within the boundaries of the territory over which the local agency exercises jurisdiction.23
An open and publicized meeting of a legislative body may be held outside of agency boundaries if the purpose of the meeting is one of the following:24
Comply with state or federal law or a court order, or attend a judicial conference or administrative proceeding in which the local agency is a party; Inspect real or personal property that cannot be conveniently brought into the local agency’s territory, provided the meeting is limited to items relating to that real or personal property; Q. The agency is considering approving a major retail mall. The developer has built other similar malls, and invites the entire legislative body to visit a mall outside the jurisdiction. May the entire body go?
A. Yes, the Brown Act permits meetings outside the boundaries of the agency for specified reasons and inspection of property is one such reason. The field trip must be treated as a meeting and the public must be allowed to attend.

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CHAPTER 3: MEETINGS
Participate in multiagency meetings or discussions; however, such meetings must be held within the boundaries of one of the participating agencies, and all of those agencies must give proper notice;
Meet in the closest meeting facility if the local agency has no meeting facility within its boundaries, or meet at its principal office if that office is located outside the territory over which the agency has jurisdiction;
Meet with elected or appointed federal or California officials when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction; Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility; or
Visit the office of its legal counsel for a closed session on pending litigation, when to do so would reduce legal fees or costs.25
In addition, the governing board of a school or community college district may hold meetings outside of its boundaries to attend a conference on nonadversarial collective bargaining techniques, interview candidates for school district superintendent, or interview a potential employee from another district.26 A school board may also interview members of the public residing in another district if the board is considering employing that district’s superintendent.

Similarly, meetings of a joint powers authority can occur within the territory of at least one of its member agencies, and a joint powers authority with members throughout the state may meet anywhere in the state.27
Finally, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding officer can designate another meeting place for the duration of the emergency. News media that have requested notice of meetings must be notified of the designation by the most rapid means of communication available.28
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Endnotes:
1 California Government Code section 54952.2(a)
2 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870 3 California Government Code section 54954(a)
4 California Government Code section 54956
5 California Government Code section 54956.5
6 California Government Code section 54955
7 California Government Code section 54952.2(c)
8 California Government Code section 54952.2(c)(4)
9 California Government Code section 54952.2(c)(6)
10 California Government Code section 54953.1
11 “The Brown Act,” California Attorney General (2003), p. 10 12 California Government Code section 54952.2(b)(1)
13 Stockton Newspaper Inc. v. Redevelopment Agency (1985) 171 Cal.App.3d 95 14 California Government Code section 54952.2(b)(2)
15 Common Cause v. Stirling (1983) 147 Cal.App.3d 518
16 Roberts v. City of Palmdale (1993) 5 Cal.4th 363
17 California Government Code section 54957.5(a)
18 California Government Code section 54952.2(b)(2)
19 California Government Code section 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964) 20 California Government Code section 54953(b)(1)
21 California Government Code section 54953(b)(4)
22 California Government Code section 54953
23 California Government Code section 54954(b)
24 California Government Code section 54954(b)(1)-(7)
25 94 Ops.Cal.Atty.Gen. 15 (2011)
26 California Government Code section 54954(c)
27 California Government Code section 54954(d)
28 California Government Code section 54954(e)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.

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28 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT29 29 Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Agendas for regular meetings .......................................................................................... 30 Mailed agenda upon written request ............................................................................... 31 Notice requirements for special meetings ....................................................................... 32 Notices and agendas for adjourned and continued meetings and hearings ................... 32 Notice requirements for emergency meetings ................................................................ 32 Notice of compensation for simultaneous or serial meetings ......................................... 33 Educational agency meetings ........................................................................................... 33 Notice requirements for tax or assessment meetings and hearings ............................... 33 Non-agenda items ............................................................................................................. 34 Responding to the public .................................................................................................. 34 The right to attend and observe meetings ....................................................................... 35 Records and recordings .................................................................................................... 36 The public’s place on the agenda ..................................................................................... 37 February 14, 2023 Regular Meeting of the Lindsay City Council

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30 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Effective notice is essential for an open and public meeting.

Whether a meeting is open or how the public may participate in that meeting is academic if nobody knows about the meeting.

Agendas for regular meetings
Every regular meeting of a legislative body of a local agency — including advisory committees, commissions, or boards, as well as standing committees of legislative bodies — must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed.

The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.”1 The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision to require posting in a location accessible to the public 24 hours a day during the 72-hour period, but any of the 72 hours may fall on a weekend.2 This provision may be satisfied by posting
on a touch screen electronic kiosk accessible without charge to the public 24 hours a day during the 72-hour period.3
While posting an agenda on an agency’s Internet website will not, by itself, satisfy the “freely accessible” requirement since there is no universal access to the internet, an agency has a supplemental obligation to post the agenda on its website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.4
Q. May the meeting of a governing body go forward if its agenda was either inadvertently not posted on the city’s website or if the website was not operational during part or all of the 72-hour period preceding the meeting?
A. At a minimum, the Brown Act calls for “substantial compliance” with all agenda posting requirements, including posting to the agency website.5 Should website technical
difficulties arise, seek a legal opinion from your agency attorney. The California Attorney General has opined that technical difficulties which cause the website agenda to become inaccessible for a portion of the 72 hours preceding a meeting do not automatically or inevitably lead to a Brown Act violation, provided the agency can demonstrate substantial compliance.6
This inquiry requires a fact-specific examination of whether the agency or its legislative body made “reasonably effective efforts to notify interested persons of a public meeting” through online posting and other available means.7 The Attorney General’s
opinion suggests that this examination would include an evaluation of how long a technical problem persisted, the efforts made to correct the problem or otherwise ensure that the public was informed, and the actual effect the problem had on public February 14, 2023 Regular Meeting of the Lindsay City Council

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 31
awareness, among other factors.8 The City Attorneys’ Department has taken the position that obvious website technical difficulties do not require cancellation of a meeting, provided that the agency meets all other Brown Act posting requirements and the agenda is available on the website once the technical difficulties are resolved.

The agenda must state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.”9
Special care should be taken to describe on the agenda each distinct action to be taken by the legislative body, and avoid overbroad descriptions of a “project” if the “project” is actually a set of distinct actions that must each be separately listed on the agenda.10
Q. The agenda for a regular meeting contains the following items of business:
• Consideration of a report regarding traffic on Eighth Street; and • Consideration of contract with ABC Consulting.

Are these descriptions adequate?
A. If the first is, it is barely adequate. A better description would provide the reader with some idea of what the report is about and what is being recommended. The second is not adequate. A better description might read “consideration of a contract with ABC Consulting in the amount of $50,000 for traffic engineering services regarding traffic on Eighth Street.”
Q. The agenda includes an item entitled City Manager’s Report, during which time the city manager provides a brief report on notable topics of interest, none of which are listed on the agenda.

Is this permissible?
A. Yes, so long as it does not result in extended discussion or action by the body.

A brief general description may not be sufficient for closed session agenda items. The Brown Act provides safe harbor language for the various types of permissible closed sessions. Substantial compliance with the safe harbor language is recommended to protect legislative bodies and elected officials from legal challenges.

Mailed agenda upon written request
The legislative body, or its designee, must mail a copy of the agenda or, if requested, the entire agenda packet, to any person who has filed a written request for such materials. These copies shall be mailed at the time the agenda is posted. If requested, these materials must be made available in appropriate alternative formats to persons with disabilities.

A request for notice is valid for one calendar year and renewal requests must be filed following January 1 of each year. The legislative body may establish a fee to recover the cost of providing the service. Failure of the requesting person to receive the agenda does not constitute grounds for invalidation of actions taken at the meeting.11 PRACTICE TIP: Putting together
a meeting agenda requires
careful thought.

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32 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Notice requirements for special meetings
There is no express agenda requirement for special meetings, but the notice of the special meeting effectively serves as the agenda and limits the business that may be transacted or discussed.

Written notice must be sent to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. This notice must be delivered by personal delivery or any other means that ensures receipt, at least 24 hours before the time of the meeting.

The notice must state the time and place of the meeting, as well as all business to be transacted or discussed. It is recommended that the business to be transacted or discussed be described in the same manner that an item for a regular meeting would be described on the agenda — with a brief general description. As noted above, closed session items should be described in accordance with the Brown Act’s safe harbor provisions to protect legislative bodies and elected officials from challenges of noncompliance with notice requirements.

The special meeting notice must also be posted at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting: (1) at a site that is freely accessible to the public, and (2) on the agency’s website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.12 Notices and agendas for adjourned and continued meetings and hearings
A regular or special meeting can be adjourned and re-adjourned to a time and place specified in the order of adjournment.13 If no time is stated, the meeting is continued to the hour for regular meetings. Whoever is present (even if they are less than a quorum) may so adjourn a meeting; if no member of the legislative body is present, the clerk or secretary may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced.14 A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.

A hearing can be continued to a subsequent meeting. The process is the same as for continuing adjourned meetings, except that if the hearing is continued to a time less than 24 hours away, a copy of the order or notice of continuance must be posted immediately following the meeting.15 Notice requirements for emergency meetings
The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.16 News media that have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be tried. If telephones are not working, the notice requirements are deemed waived. However, the news media must be notified as soon as possible of the meeting and any action taken.

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News media may make a practice of having written requests on file for notification of special or emergency meetings. Absent such a request, a local agency has no legal obligation to notify news media of special or emergency meetings — although notification may be advisable in any event to avoid controversy.

Notice of compensation for simultaneous or serial meetings A legislative body that has convened a meeting and whose membership constitutes a quorum of another legislative body, may convene a simultaneous or serial meeting of the other legislative body only after a clerk or member of the convened legislative body orally announces: (1) the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the meeting of the other legislative body; and (2) that the compensation or stipend is provided as a result of convening the meeting of that body.17 No oral disclosure of the amount of the compensation is required if the entire amount of such compensation is prescribed by statute and no additional compensation has been authorized by the local agency. Further, no disclosure is required with respect to reimbursements for actual and necessary expenses incurred in the performance of the member’s official duties, such as for travel, meals, and lodging.

Educational agency meetings
The Education Code contains some special agenda and special meeting provisions.18 However, they are generally consistent with the Brown Act. An item is probably void if not posted.19 A school district board must also adopt regulations to make sure the public can place matters affecting the district’s business on meeting agendas and to address the board on those items.20 Notice requirements for tax or assessment meetings and hearings The Brown Act prescribes specific procedures for adoption by a city, county, special district, or joint powers authority of any new or increased tax or assessment imposed on businesses.21 Though written broadly, these Brown Act provisions do not apply to new or increased real property taxes or assessments as those are governed by the California Constitution, Article XIIIC or XIIID, enacted by Proposition 218. At least one public meeting must be held to allow public testimony on the tax or assessment. In addition, there must also be at least 45 days notice of a public hearing at which the legislative body proposes to enact or increase the tax or assessment. Notice of the public meeting and public hearing must be provided at the same time and in the same document. The public notice relating to general taxes must be provided by newspaper publication. The public notice relating to new or increased business assessments must be provided through a mailing to all business owners proposed to be subject to the new or increased assessment. The agency may recover the reasonable costs of the public meetings, hearings, and notice.

The Brown Act exempts certain fees, standby or availability charges, recurring assessments, and new or increased assessments that are subject to the notice and hearing requirements of the Constitution.22 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act.

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34 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Non-agenda items
The Brown Act generally prohibits any action or discussion of items not on the posted agenda.

However, there are three specific situations in which a legislative body can act on an item not on the agenda:23
When a majority decides there is an “emergency situation” (as defined for emergency meetings);
When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline; or When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.

The exceptions are narrow, as indicated by this list. The first two require a specific determination by the legislative body. That determination can be challenged in court and, if unsubstantiated, can lead to invalidation of an action.
“I’d like a two-thirds vote of the board, so we can go ahead and authorize commencement of phase two of the East Area Project,” said Chair Lopez. “It’s not on the agenda. But we learned two days ago that we finished phase one ahead of schedule — believe it or not — and I’d like to keep it that way. Do I hear a motion?”
The desire to stay ahead of schedule generally would not satisfy “a need for immediate action.” Too casual an action could invite a court challenge by a disgruntled resident.

The prudent course is to place an item on the agenda for the next meeting and not risk invalidation.
“We learned this morning of an opportunity for a state grant,” said the chief engineer at the regular board meeting, “but our application has to be submitted in two days. We’d like the board to give us the go ahead tonight, even though it’s not on the agenda.”
A legitimate immediate need can be acted upon even though not on the posted agenda by following a two-step process:
First, make two determinations: 1) that there is an immediate need to take action, and 2) that the need arose after the posting of the agenda. The matter is then placed on the agenda.
Second, discuss and act on the added agenda item.

Responding to the public
The public can talk about anything within the jurisdiction of the legislative body, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda?
PRACTICE TIP: Subject to very
limited exceptions, the Brown
Act prohibits any action or
discussion of an item not on the
posted agenda.

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While the Brown Act does not allow discussion or action on items not on the agenda, it does allow members of the legislative body, or its staff, to “briefly respond” to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda. In addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back, request to place a matter on the agenda for a subsequent meeting (subject to the body’s rules or procedures), ask a question for clarification, make a brief announcement, or briefly report on his or her own activities.24 However, caution should be used to avoid any discussion or action on such items.

Council Member Jefferson: I would like staff to respond to Resident Joe’s complaints during public comment about the repaving project on Elm Street — are there problems with this project?
City Manager Frank: The public works director has prepared a 45-minute power point presentation for you on the status of this project and will give it right now.

Council Member Brown: Take all the time you need; we need to get to the bottom of this. Our residents are unhappy.

It is clear from this dialogue that the Elm Street project was not on the council’s agenda, but was raised during the public comment period for items not on the agenda. Council Member A properly asked staff to respond; the city manager should have given at most a brief response. If a lengthy report from the public works director was warranted, the city manager should have stated that it would be placed on the agenda for the next meeting.

Otherwise, both the long report and the likely discussion afterward will improperly embroil the council in a matter that is not listed on the agenda.

The right to attend and observe meetings
A number of Brown Act provisions protect the public’s right to attend, observe, and participate in meetings.

Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting.

Any attendance list, questionnaire, or similar document posted at or near the entrance to the meeting room or circulated at a meeting must clearly state that its completion is voluntary and that all persons may attend whether or not they fill it out.25 No meeting can be held in a facility that prohibits attendance based on race, religion, color, national origin, ethnic group identification, age, sex, sexual orientation, or disability, or that is inaccessible to the disabled. Nor can a meeting be held where the public must make a payment or purchase in order to be present.26 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.27 While a legislative body may use teleconferencing in connection with a meeting, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location.28 February 14, 2023 Regular Meeting of the Lindsay City Council

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36 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Action by secret ballot, whether preliminary or final, is flatly prohibited.29 All actions taken by the legislative body in open session, and the vote of each member thereon, must be disclosed to the public at the time the action is taken.30 Q: The agenda calls for election of the legislative body’s officers. Members of the legislative body want to cast unsigned written ballots that would be tallied by the clerk, who would announce the results. Is this voting process permissible? A: No. The possibility that a public vote might cause hurt feelings among members of the legislative body or might be awkward — or even counterproductive — does not justify a secret ballot.

The legislative body may remove persons from a meeting who willfully interrupt proceedings.31 Ejection is justified only when audience members actually disrupt the proceedings.32 If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may establish a procedure to re-admit an individual or individuals not responsible for the disturbance.33
Records and recordings
The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. Except for privileged documents, those materials are public records and must be made available upon request without delay.34 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.35 Q: In connection with an upcoming hearing on a discretionary use permit, counsel for the legislative body transmits a memorandum to all members of the body outlining the litigation risks in granting or denying the permit. Must this memorandum be included in the packet of agenda materials available to the public? A: No. The memorandum is a privileged attorney-client communication.

Q: In connection with an agenda item calling for the legislative body to approve a contract, staff submits to all members of the body a financial analysis explaining why the terms of the contract favor the local agency. Must this memorandum be included in the packet of agenda materials available to the public?
A. Yes. The memorandum has been distributed to the majority of the legislative body, relates to the subject matter of a meeting, and is not a privileged communication.

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A legislative body may discuss or act on some matters without considering written materials. But if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. A non-exempt or otherwise privileged writing distributed to a majority of the legislative body less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose; and the agendas for all meetings of the legislative body must include the address of this office or location.36 A writing distributed during a meeting must be made public:
At the meeting if prepared by the local agency or a member of its legislative body; or
After the meeting if prepared by some other person.37 Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency is subject to the California Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording is to be provided without charge on a video or tape player made available by the local agency.38 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.39
In addition, the public is specifically allowed to use audio or video tape recorders or still or motion picture cameras at a meeting to record the proceedings, absent a reasonable finding by the legislative body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.40
Similarly, a legislative body cannot prohibit or restrict the public broadcast of its open and public meetings without making a reasonable finding that the noise, illumination, or obstruction of view would persistently disrupt the proceedings.41
The public’s place on the agenda
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. Further, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.42
Q. Must the legislative body allow members of the public to show videos or make a power point presentation during the public comment part of the agenda, as long as the subject matter is relevant to the agency and is within the established time limit? A. Probably, although the agency is under no obligation to provide equipment.

Moreover, the legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself. But the Brown Act provides no immunity for defamatory statements.43
PRACTICE TIP: Public speakers
cannot be compelled to give
their name or address as a
condition of speaking. The clerk
or presiding officer may request
speakers to complete a speaker
card or identify themselves for
the record, but must respect a
speaker’s desire for anonymity.

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38 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Q. May the presiding officer prohibit a member of the audience from publicly criticizing an agency employee by name during public comments?
A. No, as long as the criticism pertains to job performance.

Q. During the public comment period of a regular meeting of the legislative body, a resident urges the public to support and vote for a candidate vying for election to the body. May the presiding officer gavel the speaker out of order for engaging in political campaign speech?
A. There is no case law on this subject. Some would argue that campaign issues are outside the subject matter jurisdiction of the body within the meaning of Section 54954.3(a).

Others take the view that the speech must be allowed under paragraph (c) of that section because it is relevant to the governing of the agency and an implicit criticism of the incumbents.

The legislative body may adopt reasonable regulations, including time limits, on public comments. Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter.44 The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the legislative body at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed.45
Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.46
Endnotes:
1 California Government Code section 54954.2(a)(1)
2 78 Ops.Cal.Atty.Gen. 327 (1995)
3 88 Ops.Cal.Atty.Gen. 218 (2005)
4 California Government Code sections 54954.2(a)(1) and 54954.2(d) 5 California Government Code section 54960.1(d)(1)
6 ___ Ops.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262
7 North Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432 8 ___ Ops.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262, Slip Op. at p. 8
9 California Government Code section 54954.2(a)(1)
10 San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of CEQA action (mitigated negative declaration) without specifically listing it on the agenda violates Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis.)
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11 California Government Code section 54954.1
12 California Government Code sections 54956(a) and (c) 13 California Government Code section 54955
14 California Government Code section 54954.2(b)(3)
15 California Government Code section 54955.1
16 California Government Code section 54956.5
17 California Government Code section 54952.3
18 Education Code sections 35144, 35145 and 72129
19 Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196 20 California Education Code section 35145.5
21 California Government Code section 54954.6
22 See Cal.Const.Art.XIIIC, XIIID and California Government Code section 54954.6(h) 23 California Government Code section 54954.2(b)
24 California Government Code section 54954.2(a)(2)
25 California Government Code section 54953.3
26 California Government Code section 54961(a); California Government Code section 11135(a) 27 California Government Code section 54952.2(c)(2)
28 California Government Code section 54953(b)
29 California Government Code section 54953(c)
30 California Government Code section 54953(c)(2)
31 California Government Code section 54957.9.
32 Norse v. City of Santa Cruz (9th Cir. 2010) 629 F.3d 966 (silent and momentary Nazi salute directed towards mayor is not a disruption); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 (city council may not prohibit “insolent” remarks by members of the public absent actual disruption). 33 California Government Code section 54957.9
34 California Government Code section 54957.5
35 California Government Code section 54957.5(d)
36 California Government Code section 54957.5(b)
37 California Government Code section 54957.5(c)
38 California Government Code section 54953.5(b)
39 California Government Code section 54957.5(d)
40 California Government Code section 54953.5(a)
41 California Government Code section 54953.6
42 California Government Code section 54954.3(a)
43 California Government Code section 54954.3(c)
44 California Government Code section 54954.3(b); Chaffee v. San Francisco Public Library Com. (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)
45 California Government Code section 54954.3(a)
46 California Government Code section 54954.3(a)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT41 41 Chapter 5

CLOSED SESSIONS
Agendas and reports ......................................................................................................... 42 Litigation ............................................................................................................................ 43 Real estate negotiations ................................................................................................... 45 Public employment ........................................................................................................... 46 Labor negotiations ............................................................................................................ 47 Labor negotiations — school and community college districts ....................................... 48 Other Education Code exceptions .................................................................................... 48 Joint Powers Authorities ................................................................................................... 48 License applicants with criminal records ......................................................................... 49 Public security ................................................................................................................... 49 Multijurisdictional law enforcement agency .................................................................... 49 Hospital peer review and trade secrets ........................................................................... 49 Other legislative bases for closed session ....................................................................... 50 Who may attend closed sessions ..................................................................................... 50 The confidentiality of closed session discussions ............................................................ 50 February 14, 2023 Regular Meeting of the Lindsay City Council

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42 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session is a meeting of a legislative body conducted in private without the attendance of the public or press. A legislative body is authorized to meet in closed session only to the extent expressly authorized by the Brown Act.1
As summarized in Chapter 1 of this Guide, it is clear that the Brown Act must be interpreted liberally in favor of open meetings, and exceptions that limit public access (including the exceptions for closed session meetings) must be narrowly construed.2
The most common purposes of the closed
session provisions in the Brown Act are to avoid revealing confidential information (e.g., prejudicing the city’s position in litigation or compromising the privacy interests of employees).

Closed sessions should be conducted keeping those narrow purposes in mind. It is not enough that a subject is sensitive, embarrassing, or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public. As an example, a board of police commissioners cannot meet in closed session to provide general policy guidance to a police chief, even though some matters are sensitive and the commission considers their disclosure contrary to the public interest.3
In this chapter, the grounds for convening a closed session are called “exceptions” because they are exceptions to the general rule that meetings must be conducted openly. In some circumstances, none of the closed session exceptions apply to an issue or information the legislative body wishes to discuss privately. In these cases, it is not proper to convene a closed session, even to protect confidential information. For example, although the Brown Act does authorize closed sessions related to specified types of contracts (e.g., specified provisions of real property agreements, employee labor agreements, and litigation settlement agreements),4 the
Brown Act does not authorize closed sessions for other contract negotiations.

Agendas and reports
Closed session items must be briefly described on the posted agenda and the description must state the specific statutory exemption.5
An item that appears on the open meeting portion of the agenda may not be taken into closed session until it has been properly agendized as a closed session item or unless it is properly added as a closed session item by a two-thirds vote of the body after making the appropriate urgency findings.6
The Brown Act supplies a series of fill in the blank sample agenda descriptions for various types of authorized closed sessions, which provide a “safe harbor” from legal attacks. These sample Chapter 5

CLOSED SESSIONS
PRACTICE TIP: Some problems
over closed sessions arise
because secrecy itself breeds
distrust. The Brown Act does
not require closed sessions and
legislative bodies may do well
to resist the tendency to call a
closed session simply because
it may be permitted. A better
practice is to go into closed
session only when necessary.

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agenda descriptions cover license and permit determinations, real property negotiations, existing or anticipated litigation, liability claims, threats to security, public employee appointments, evaluations and discipline, labor negotiations, multi-jurisdictional law enforcement cases, hospital boards of directors, medical quality assurance committees, joint powers agencies, and audits by the California State Auditor’s Office.7
If the legislative body intends to convene in closed session, it must include the section of the Brown Act authorizing the closed session in advance on the agenda and it must make a public announcement prior to the closed session discussion. In most cases, the announcement may simply be a reference to the agenda item.8
Following a closed session, the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report varies according to the reason for the closed session and the action taken.9 The announcements
may be made at the site of the closed session, so long as the public is allowed to be present to hear them.

If there is a standing or written request for documentation, any copies of contracts, settlement agreements, or other documents finally approved or adopted in closed session must be provided to the requestor(s) after the closed session, if final approval of such documents does not rest with any other party to the contract or settlement. If substantive amendments to a contract or settlement agreement approved by all parties requires retyping, such documents may be held until retyping is completed during normal business hours, but the substance of the changes must be summarized for any person inquiring about them.10
The Brown Act does not require minutes, including minutes of closed sessions. However, a legislative body may adopt an ordinance or resolution to authorize a confidential “minute book” be kept to record actions taken at closed sessions.11 If one is kept, it must be made available to members of the legislative body, provided that the member asking to review minutes of a particular meeting was not disqualified from attending the meeting due to a conflict of interest.12 A court may order the disclosure of minute books for the court’s review if a lawsuit makes sufficient claims of an open meeting violation.

Litigation
There is an attorney/client relationship, and legal counsel may use it to protect the confidentiality of privileged written and oral communications to members of the legislative body — outside of meetings. But protection of the attorney/client privilege cannot by itself be the reason for a closed session.13
The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation. The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. The essential thing to know is that a closed session can be held by the body to confer with, or receive advice from, its legal counsel when open discussion would prejudice the position of the local agency in litigation in which the agency is, or could become, a party.14 The litigation exception under the Brown Act is narrowly construed and does not permit activities beyond a legislative body’s conferring with its own legal counsel and required support staff.15 For example, it is not permissible to hold a closed session in which settlement negotiations take place between a legislative body, a representative of an adverse party, and a mediator.16 PRACTICE TIP: Pay close
attention to closed session
agenda descriptions. Using
the wrong label can lead
to invalidation of an action
taken in closed session if not
substantially compliant.

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44 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
The California Attorney General has opined that if the agency’s attorney is not a participant, a litigation closed session cannot be held.17 In any event, local agency officials should always consult the agency’s attorney before placing this type of closed session on the agenda in order to be certain that it is being done properly.

Before holding a closed session under the pending litigation exception, the legislative body must publicly state the basis for the closed session by identifying one of the following three types of matters: existing litigation, anticipated exposure to litigation, or anticipated initiation of litigation.18 Existing litigation
Q. May the legislative body agree to settle a lawsuit in a properly-noticed closed session, without placing the settlement agreement on an open session agenda for public approval? A. Yes, but the settlement agreement is a public document and must be disclosed on request. Furthermore, a settlement agreement cannot commit the agency to matters that are required to have public hearings.

Existing litigation includes any adjudicatory proceedings before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. The clearest situation in which a closed session is authorized is when the local agency meets with its legal counsel to discuss a pending matter that has been filed in a court or with an administrative agency and names the local agency as a party. The legislative body may meet under these circumstances to receive updates on the case from attorneys, participate in developing strategy as the case develops, or consider alternatives for resolution of the case. Generally, an agreement to settle litigation may be approved in closed session. However, an agreement to settle litigation cannot be approved in closed session if it commits the city to take an action that is required to have a public hearing.19
Anticipated exposure to litigation against the
local agency
Closed sessions are authorized for legal counsel to inform the legislative body of a significant exposure to litigation against the local agency, but only if based on “existing facts and circumstances” as defined by the Brown Act.20 The legislative body may also meet under this exception to determine whether a closed session is authorized based on information provided by legal counsel or staff. In general, the “existing facts and circumstances” must be publicly disclosed unless they are privileged written communications or not yet known to a potential plaintiff.

Anticipated initiation of litigation by the local agency A closed session may be held under the exception for the anticipated initiation of litigation when the legislative body seeks legal advice on whether to protect the agency’s rights and interests by initiating litigation.

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 45
session. Other actions, as where final approval rests with another party or the court, may be announced when they become final and upon inquiry of any person.21 Each agency attorney should be aware of and make the disclosures that are required by the particular circumstances.

Real estate negotiations
A legislative body may meet in closed session with its negotiator to discuss the purchase, sale, exchange, or lease of real property by or for the local agency. A “lease” includes a lease renewal or renegotiation. The purpose is to grant authority to the legislative body’s negotiator on price and terms of payment.22 Caution should be exercised to limit discussion to price and terms of payment without straying to other related issues such as site design, architecture, or other aspects of the project for which the transaction is contemplated.23
Q. May other terms of a real estate transaction, aside from price and terms of payment, be addressed in closed session?
A. No. However, there are differing opinions over the scope of the phrase “price and terms of payment” in connection with real estate closed sessions. Many agency attorneys argue that any term that directly affects the economic value of the transaction falls within the ambit of “price and terms of payment.” Others take a narrower, more literal view of the phrase.

The agency’s negotiator may be a member of the legislative body itself. Prior to the closed session, or on the agenda, the legislative body must identify its negotiators, the real property that the negotiations may concern24 and the names of the parties with whom its negotiator may negotiate.25 After real estate negotiations are concluded, the approval and substance of the agreement must be publicly reported. If its own approval makes the agreement final, the body must report in open session at the public meeting during which the closed session is held. If final approval rests with another party, the local agency must report the approval and the substance of the agreement upon inquiry by any person, as soon as the agency is informed of it.26 “Our population is exploding, and we have to think about new school sites,” said Board Member Jefferson.
“Not only that,” interjected Board Member Tanaka, “we need to get rid of a couple of our older facilities.”
“Well, obviously the place to do that is in a closed session,” said Board Member O’Reilly. “Otherwise we’re going to set off land speculation. And if we even mention closing a school, parents are going to be in an uproar.” A closed session to discuss potential sites is not authorized by the Brown Act. The exception is limited to meeting with its negotiator over specific sites — which must be identified at an open and public meeting.

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46 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
Public employment
The Brown Act authorizes a closed session “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee.”27 The purpose of this exception — commonly referred to as the “personnel exception” — is to avoid undue publicity or embarrassment for an employee or applicant for employment and to allow full and candid discussion by the legislative body; thus, it is restricted to discussing individuals, not general personnel policies.28 The body must possess the power to appoint, evaluate, or dismiss the employee to hold a closed session under this exception.29 That authority may be delegated to a subsidiary appointed body.30 An employee must be given at least 24 hours notice of any closed session convened to hear specific complaints or charges against him or her. This occurs when the legislative body is reviewing evidence, which could include live testimony, and adjudicating conflicting testimony offered as evidence. A legislative body may examine (or exclude) witnesses,31 and the California Attorney General has opined that, when an affected employee and advocate have an official or essential role to play, they may be permitted to participate in the closed session.32 The employee has the right to have the specific complaints and charges discussed in a public session rather than closed session.33 If the employee is not given the 24-hour prior notice, any disciplinary action is null and void.34
However, an employee is not entitled to notice and a hearing where the purpose of the closed session is to consider a performance evaluation. The Attorney General and the courts have determined that personnel performance evaluations do not constitute complaints and charges, which are more akin to accusations made against a person.35 Q. Must 24 hours notice be given to an employee whose negative performance evaluation is to be considered by the legislative body in closed session? A. No, the notice is reserved for situations where the body is to hear complaints and charges from witnesses.

Correct labeling of the closed session on the agenda is critical. A closed session agenda that identified discussion of an employment contract was not sufficient to allow dismissal of an employee.36 An incorrect agenda description can result in invalidation of an action and much embarrassment.

For purposes of the personnel exception, “employee” specifically includes an officer or an independent contractor who functions as an officer or an employee. Examples of the former include a city manager, district general manager or superintendent. Examples of the latter Include a legal counsel or engineer hired on contract to act as local agency attorney or chief engineer.

Elected officials, appointees to the governing body or subsidiary bodies, and independent contractors other than those discussed above are not employees for purposes of the personnel exception.37 Action on individuals who are not “employees” must also be public — including discussing and voting on appointees to committees, or debating the merits of independent contractors, or considering a complaint against a member of the legislative body itself.

PRACTICE TIP: Discussions of
who to appoint to an advisory
body and whether or not to
censure a fellow member of
the legislative body must be
held in the open.

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The personnel exception specifically prohibits discussion or action on proposed compensation in closed session, except for a disciplinary reduction in pay. Among other things, that means there can be no personnel closed sessions on a salary change (other than a disciplinary reduction) between any unrepresented individual and the legislative body. However, a legislative body may address the compensation of an unrepresented individual, such as a city manager, in a closed session as part of a labor negotiation (discussed later in this chapter), yet another example of the importance of using correct agenda descriptions.

Reclassification of a job must be public, but an employee’s ability to fill that job may be considered in closed session.

Any closed session action to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee must be reported at the public meeting during which the closed session is held. That report must identify the title of the position, but not the names of all persons considered for an employment position.38 However, a report on a dismissal or non-renewal of an employment contract must be deferred until administrative remedies, if any, are exhausted.39
“I have some important news to announce,” said Mayor Garcia. “We’ve decided to terminate the contract of the city manager, effective immediately.

The council has met in closed session and we’ve negotiated six months severance pay.”
“Unfortunately, that has some serious budget consequences, so we’ve had to delay phase two of the East Area Project.”
This may be an improper use of the personnel closed session if the council agenda described the item as the city manager’s evaluation. In addition, other than labor negotiations, any action on individual compensation must be taken in open session.

Caution should be exercised to not discuss in closed session issues, such as budget impacts in this hypothetical, beyond the scope of the posted closed session notice.

Labor negotiations
The Brown Act allows closed sessions for some aspects of labor negotiations. Different provisions (discussed below) apply to school and community college districts.

A legislative body may meet in closed session to instruct its bargaining representatives, which may be one or more of its members,40 on employee salaries and fringe benefits for both represented (“union”) and non-represented employees. For represented employees, it may also consider working conditions that by law require negotiation. For the purpose of labor negotiation closed sessions, an “employee” includes an officer or an independent contractor who functions as an officer or an employee, but independent contractors who do not serve in the capacity of an officer or employee are not covered by this closed session exception.41 These closed sessions may take place before or during negotiations with employee representatives. Prior to the closed session, the legislative body must hold an open and public session in which it identifies its designated representatives.

PRACTICE TIP: The personnel
exception specifically prohibits
discussion or action on
proposed compensation in
closed session except for a
disciplinary reduction in pay.

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48 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
During its discussions with representatives on salaries and fringe benefits, the legislative body may also discuss available funds and funding priorities, but only to instruct its representative. The body may also meet in closed session with a conciliator who has intervened in negotiations. 42 The approval of an agreement concluding labor negotiations with represented employees must be reported after the agreement is final and has been accepted or ratified by the other party. The report must identify the item approved and the other party or parties to the negotiation.43 The labor closed sessions specifically cannot include final action on proposed compensation of one or more unrepresented employees.

Labor negotiations — school and community college districts Employee relations for school districts and community college districts are governed by the Rodda Act, where different meeting and special notice provisions apply. The entire board, for example, may negotiate in closed sessions.

Four types of meetings are exempted from compliance with the Rodda Act:

1. A negotiating session with a recognized or certified employee organization;

2. A meeting of a mediator with either side;

3. A hearing or meeting held by a fact finder or arbitrator; and

4. A session between the board and its bargaining agent, or the board alone, to discuss its position regarding employee working conditions and instruct its agent.44 Public participation under the Rodda Act also takes another form.45 All initial proposals of both sides must be presented at public meetings and are public records. The public must be given reasonable time to inform itself and to express its views before the district may adopt its initial proposal. In addition, new topics of negotiations must be made public within 24 hours. Any votes on such a topic must be followed within 24 hours by public disclosure of the vote of each member.46 The final vote must be in public.

Other Education Code exceptions
The Education Code governs student disciplinary meetings by boards of school districts and community college districts. District boards may hold a closed session to consider the suspension or discipline of a student, if a public hearing would reveal personal, disciplinary, or academic information about the student contrary to state and federal pupil privacy law. The student’s parent or guardian may request an open meeting.47
Community college districts may also hold closed sessions to discuss some student disciplinary matters, awarding of honorary degrees, or gifts from donors who prefer to remain anonymous.48 Kindergarten through 12th grade districts may also meet in closed session to review the contents of the statewide assessment instrument.49
Joint Powers Authorities
The legislative body of a joint powers authority may adopt a policy regarding limitations on disclosure of confidential information obtained in closed session, and may meet in closed session to discuss information that is subject to the policy.50 PRACTICE TIP: Prior to the
closed session, the legislative
body must hold an open
and public session in which
it identifies its designated
representatives.

PRACTICE TIP: Attendance
by the entire legislative body
before a grand jury would not
constitute a closed session
meeting under the Brown Act.

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License applicants with criminal records
A closed session is permitted when an applicant, who has a criminal record, applies for a license or license renewal and the legislative body wishes to discuss whether the applicant is sufficiently rehabilitated to receive the license. The applicant and the applicant’s attorney are authorized to attend the closed session meeting. If the body decides to deny the license, the applicant may withdraw the application. If the applicant does not withdraw, the body must deny the license in public, immediately or at its next meeting. No information from the closed session can be revealed without consent of the applicant, unless the applicant takes action to challenge the denial.51 Public security
Legislative bodies may meet in closed session to discuss matters posing a threat to the security of public buildings, essential public services, including water, sewer, gas, or electric service, or to the public’s right of access to public services or facilities over which the legislative body has jurisdiction. Closed session meetings for these purposes must be held with designated security or law enforcement officials including the Governor, Attorney General, district attorney, agency attorney, sheriff or chief of police, or their deputies or agency security consultant or security operations manager.52 Action taken in closed session with respect to such public security issues is not reportable action.

Multijurisdictional law enforcement agency
A joint powers agency formed to provide law enforcement services (involving drugs; gangs; sex crimes; firearms trafficking; felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft) to multiple jurisdictions may hold closed sessions to discuss case records of an on-going criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.53 The exception applies to the legislative body of the joint powers agency and to any body advisory to it. The purpose is to prevent impairment of investigations, to protect witnesses and informants, and to permit discussion of effective courses of action.54 Hospital peer review and trade secrets
Two specific kinds of closed sessions are allowed for district hospitals and municipal hospitals, under other provisions of law.55

1. A meeting to hear reports of hospital medical audit or quality assurance committees, or for related deliberations. However, an applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing.

2. A meeting to discuss “reports involving trade secrets” — provided no action is taken.

A “trade secret” is defined as information which is not generally known to the public or competitors and which: 1) “derives independent economic value, actual or potential” by virtue of its restricted knowledge; 2) is necessary to initiate a new hospital service or program or facility; and 3) would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit.

The provision prohibits use of closed sessions to discuss transitions in ownership or management, or the district’s dissolution.56
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50 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
Other legislative bases for closed session
Since any closed session meeting of a legislative body must be authorized by the Legislature, it is important to carefully review the Brown Act to determine if there is a provision that authorizes a closed session for a particular subject matter. There are some less frequently encountered topics that are authorized to be discussed by a legislative body in closed session under the Brown Act, including: a response to a confidential final draft audit report from the Bureau of State Audits,57 consideration of the purchase or sale of particular pension fund investments by a legislative body of a local agency that invests pension funds,58 hearing a charge or complaint from a member enrolled in a health plan by a legislative body of a local agency that provides Medi-Cal services,59 discussions by a county board of supervisors that governs a health plan licensed pursuant to the Knox-Keene Health Care Services Plan Act related to trade secrets or contract negotiations concerning rates of payment,60 and discussions by an insurance pooling joint powers agency related to a claim filed against, or liability of, the agency or a member of the agency.61 Who may attend closed sessions
Meetings of a legislative body are either fully open or fully closed; there is nothing in between.

Therefore, local agency officials and employees must pay particular attention to the authorized attendees for the particular type of closed session. As summarized above, the authorized attendees may differ based on the topic of the closed session. Closed sessions may involve only the members of the legislative body and only agency counsel, management and support staff, and consultants necessary for consideration of the matter that is the subject of closed session, with very limited exceptions for adversaries or witnesses with official roles in particular types of hearings (e.g., personnel disciplinary hearings and license hearings). In any case, individuals who do not have an official role in the closed session subject matters must be excluded from closed sessions.63
Q. May the lawyer for someone suing the agency attend a closed session in order to explain to the legislative body why it should accept a settlement offer? A. No, attendance in closed sessions is reserved exclusively for the agency’s advisors.

The confidentiality of closed session discussions
The Brown Act explicitly prohibits the unauthorized disclosure of confidential information acquired in a closed session by any person present, and offers various remedies to address breaches of confidentiality.64 It is incumbent upon all those attending lawful closed sessions to protect the confidentiality of those discussions. One court has held that members of a legislative body cannot be compelled to divulge the content of closed session discussions through the discovery process.65 Only the legislative body acting as a body may agree to divulge confidential closed session information; regarding attorney/client privileged communications, the entire body is the holder of the privilege and only the entire body can decide to waive the privilege.66 PRACTICE TIP: Meetings are
either open or closed. There is
nothing “in between.”62
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Before adoption of the Brown Act provision specifically prohibiting disclosure of closed session communications, agency attorneys and the Attorney General long opined that officials have a fiduciary duty to protect the confidentiality of closed session discussions. The Attorney General issued an opinion that it is “improper” for officials to disclose information received during a closed session regarding pending litigation,67 though the Attorney General has also concluded that a local agency is preempted from adopting an ordinance criminalizing public disclosure of closed session discussions.68 In any event, in 2002, the Brown Act was amended to prescribe particular remedies for breaches of confidentiality. These remedies include injunctive relief; and, if the breach is a willful disclosure of confidential information, the remedies include disciplinary action against an employee, and referral of a member of the legislative body to the grand jury.69 The duty of maintaining confidentiality, of course, must give way to the responsibility to disclose improper matters or discussions that may come up in closed sessions. In recognition of this public policy, under the Brown Act, a local agency may not penalize a disclosure of information learned during a closed session if the disclosure: 1) is made in confidence to the district attorney or the grand jury due to a perceived violation of law; 2) is an expression of opinion concerning the propriety or legality of actions taken in closed session, including disclosure of the nature and extent of the illegal action; or 3) is information that is not confidential.70 The interplay between these possible sanctions and an official’s first amendment rights is complex and beyond the scope of this guide. Suffice it to say that this is a matter of great sensitivity and controversy.
“I want the press to know that I voted in closed session against filing the eminent domain action,” said Council Member Chang.
“Don’t settle too soon,” reveals Council Member Watson to the property owner, over coffee. “The city’s offer coming your way is not our bottom line.” The first comment to the press may be appropriate if it is a part of an action taken by the City Council in closed session that must be reported publicly.71 The second comment to the property owner is not — disclosure of confidential information acquired in closed session is expressly prohibited and harmful to the agency.

PRACTICE TIP: There is a
strong interest in protecting the
confidentiality of proper and
lawful closed sessions.

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52 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
ENDNOTES:
1 California Government Code section 54962
2 California Constitution, Art. 1, section 3
3 61 Ops.Cal.Atty.Gen. 220 (1978); but see California Government Code section 54957.8 (multijurisdictional law enforcement agencies are authorized to meet in closed session to discuss the case records of ongoing criminal investigations, and other related matters). 4 California Government Code section 54957.1
5 California Government Code section 54954.5
6 California Government Code section 54954.2
7 California Government Code section 54954.5
8 California Government Code sections 54956.9 and 54957.7 9 California Government Code section 54957.1(a)
10 California Government Code section 54957.1(b)
11 California Government Code section 54957.2
12 Hamilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal.Code Regs. section 18707 13 Roberts v. City of Palmdale (1993) 5 Cal.4th 363
14 California Government Code section 54956.9; Shapiro v. Board of Directors of Center City Development Corp. (2005) 134 Cal.App.4th 170 (agency must be a party to the litigation). 15 82 Ops.Cal.Atty.Gen. 29 (1999)
16 Page v. Miracosta Community College District (2009) 180 Cal.App.4th 471 17 “The Brown Act,” California Attorney General (2003), p. 40 18 California Government Code section 54956.9(g)
19 Trancas Property Owners Association v. City of Malibu (2006) 138 Cal.App.4th 172 20 Government Code section 54956.9(e)
21 California Government Code section 54957.1
22 California Government Code section 54956.8
23 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904; see also 93 Ops.Cal.Atty.Gen. 51 (2010) (redevelopment agency may not convene a closed session to discuss rehabilitation loan for a property already subleased to a loan recipient, even if the loan Incorporates some of the sublease terms and includes an operating covenant governing the property); 94 Ops.Cal.Atty.Gen. 82 (2011) (real estate closed session may address form, manner and timing of consideration and other items that cannot be disclosed without revealing price and terms).
24 73 Ops.Cal.Atty.Gen. 1 (1990)
25 California Government Code sections 54956.8 and 54954.5(b) 26 California Government Code section 54957.1(a)(1)
27 California Government Code section 54957(b)
28 63 Ops.Cal.Atty.Gen. 153 (1980); but see Duvall v. Board of Trustees (2000) 93 Cal.App.4th 902 (board may discuss personnel evaluation criteria, process and other preliminary matters in closed session but only if related to the evaluation of a particular employee). 29 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002)
30 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 80 Ops.Cal.Atty.

Gen. 308 (1997). Interviews of candidates to fill a vacant staff position conducted by a temporary committee appointed by the governing body may be done in closed session.

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31 California Government Code section 54957(b)(3)
32 88 Ops.Cal.Atty.Gen. 16 (2005)
33 Morrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860 34 California Government Code section 54957(b); but see Bollinger v. San Diego Civil Service Commission (1999) 71 Cal.App.4th 568 (notice not required for closed session deliberations regarding complaints or charges, when there was a public evidentiary hearing prior to closed session). 35 78 Ops.Cal.Atty.Gen. 218 (1995); Bell v. Vista Unified School District (2000) 82 Cal.App.4th 672; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876; Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87
36 Moreno v. City of King (2005) 127 Cal.App.4th 17
37 California Government Code section 54957
38 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165 39 California Government Code section 54957.1(a)(5)
40 California Government Code section 54957.6
41 California Government Code section 54957.6(b); see also 98 Ops.Cal.Atty.Gen. 41 (2015) (a project labor agreement between a community college district and workers hired by contractors or subcontractors is not a proper subject of closed session for labor negotiations because the workers are not “employees” of the district).
42 California Government Code section 54957.6; and 51 Ops.Cal.Atty.Gen. 201 (1968) 43 California Government Code section 54957.1(a)(6)
44 California Government Code section 3549.1
45 California Government Code section 3540
46 California Government Code section 3547
47 California Education Code section 48918; but see Rim of the World Unified School District v. Superior Court (2003) 104 Cal.App.4th 1393 (Section 48918 preempted by the Federal Family Educational Right and Privacy Act in regard to expulsion proceedings). 48 California Education Code section 72122
49 California Education Code section 60617
50 California Government Code section 54956.96
51 California Government Code section 54956.7
52 California Government Code section 54957
53 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.

App.4th 354
54 California Government Code section 54957.8
55 California Government Code section 54962
56 California Health and Safety Code section 32106
57 California Government Code section 54956.75
58 California Government Code section 54956.81
59 California Government Code section 54956.86
60 California Government Code section 54956.87
61 California Government Code section 54956.95
62 46 Ops.Cal.Atty.Gen. 34 (1965)
63 82 Ops.Cal.Atty.Gen. 29 (1999)
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54 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
64 Government Code section 54963
65 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 327; see also California Government Code section 54963.
66 Roberts v. City of Palmdale (1993) 5 Cal.4th 363
67 80 Ops.Cal.Atty.Gen. 231 (1997)
68 76 Ops.Cal.Atty.Gen. 289 (1993)
69 California Government Code section 54963
70 California Government Code section 54963
71 California Government Code section 54957.1
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.

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REMEDIES
Invalidation ........................................................................................................................ 56 Applicability to Past Actions ............................................................................................. 57 Civil action to prevent future violations ........................................................................... 57 Costs and attorney’s fees ................................................................................................. 58 Criminal complaints .......................................................................................................... 58 Voluntary resolution .......................................................................................................... 59 February 14, 2023 Regular Meeting of the Lindsay City Council

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56 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 6: REMEDIES
Certain violations of the Brown Act are designated as misdemeanors, although by far the most commonly used enforcement provisions are those that authorize civil actions to invalidate specified actions taken in violation of the Brown Act and to stop or prevent future violations. Still, despite all the safeguards and remedies to enforce them, it is ultimately impossible for the public to monitor every aspect of public officials’ interactions. Compliance ultimately results from regular training and a good measure of self-regulation on the part of public officials. This chapter discusses the remedies available to the public when that self-regulation is ineffective.

Invalidation
Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the ground that they violate the Brown Act.1 Violations of the Brown Act, however, cannot be invalidated if they involve the following types of actions:
Those taken in substantial compliance with the law. No Brown Act violation is found when the given notice substantially complies with the Brown Act, even when the notice erroneously cites to the wrong Brown Act section, but adequately advises the public that the Board will meet with legal counsel to discuss potential litigation in closed session;2 Those involving the sale or issuance of notes, bonds or other indebtedness, or any related contracts or agreements;
Those creating a contractual obligation, including a contract awarded by competitive bid for other than compensation for professional services, upon which a party has in good faith relied to its detriment;
Those connected with the collection of any tax; or
Those in which the complaining party had actual notice at least 72 hours prior to the regular meeting or 24 hours prior to the special meeting, as the case may be, at which the action is taken.

Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action and the nature of the claimed violation. This demand must be sent within 90 days of the alleged violation or 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that only properly agendized items are acted on by the governing body during a meeting.3 The legislative
body then has up to 30 days to cure and correct its action. If it does not act, any lawsuit must be filed within the next 15 days. The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and to weigh its options before litigation is filed.

Chapter 6

REMEDIES
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 57
Although just about anyone has standing to bring an action for invalidation,4 the challenger must show prejudice as a result of the alleged violation.5
An action to invalidate fails to state a cause of
action against the agency if the body deliberated but did not take an action.6 Applicability to Past Actions
Any interested person, including the district attorney, may file a civil action to determine whether past actions of a legislative body occurring on or after January 1, 2013 constitute violations of the Brown Act and are subject to a mandamus, injunction, or declaratory relief action.7 Before filing
an action, the interested person must, within nine months of the alleged violation of the Brown Act, submit a “cease and desist” letter to the legislative body, clearly describing the past action and the nature of the alleged violation.8
The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.9 If the body
fails to take any action within the 30-day period or takes an action other than an unconditional commitment, a lawsuit may be filed within 60 days.10
The legislative body’s unconditional commitment must be approved at a regular or special meeting as a separate item of business and not on the consent calendar.11 The unconditional commitment must be substantially in the form set forth in the Brown Act.12 No legal action may thereafter be commenced regarding the past action.13 However, an action of the legislative body in violation of its unconditional commitment constitutes an independent violation of the Brown Act and a legal action consequently may be commenced without following the procedural requirements for challenging past actions.14
The legislative body may rescind its prior unconditional commitment by a majority vote of its membership at a regular meeting as a separate item of business not on the consent calendar. At least 30 days written notice of the intended rescission must be given to each person to whom the unconditional commitment was made and to the district attorney. Upon rescission, any interested person may commence a legal action regarding the past actions without following the procedural requirements for challenging past actions.15
Civil action to prevent future violations
The district attorney or any interested person can file a civil action asking the court to:
Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body of a local agency;
Determine the applicability of the Brown Act to actions or threatened future action of the legislative body;
Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law; or
Compel the legislative body to tape record its closed sessions.

PRACTICE TIP: A lawsuit to
invalidate must be preceded by
a demand to cure and correct
the challenged action in order
to give the legislative body
an opportunity to consider its
options. The Brown Act does not
specify how to cure or correct
a violation; the best method
is to rescind the action being
complained of and start over, or
reaffirm the action if the local
agency relied on the action and
rescinding the action would
prejudice the local agency.

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58 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 6: REMEDIES
It is not necessary for a challenger to prove a past pattern or practice of violations by the local agency in order to obtain injunctive relief. A court may presume when issuing an injunction that a single violation will continue in the future where the public agency refuses to admit to the alleged violation or to renounce or curtail the practice.16 Note, however, that a court may not compel elected officials to disclose their recollections of what transpired in a closed session.17 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to tape record its future closed sessions. In a subsequent lawsuit to enforce the Brown Act alleging a violation occurring in closed session, a court may upon motion of the plaintiff review the tapes if there is good cause to think the Brown Act has been violated, and make public the relevant portion of the closed session recording.

Costs and attorney’s fees
Someone who successfully invalidates an action taken in violation of the Brown Act or who successfully enforces one of the Brown Act’s civil remedies may seek court costs and reasonable attorney’s fees. Courts have held that attorney’s fees must be awarded to a successful plaintiff unless special circumstances exist that would make a fee award against the public agency unjust.18 When evaluating how to respond to assertions that the Brown Act has been violated, elected officials and their lawyers should assume that attorney’s fees will be awarded against the agency if a violation of the Act is proven.

An attorney’s fee award may only be directed against the local agency and not the individual members of the legislative body. If the local agency prevails, it may be awarded court costs and attorney’s fees if the court finds the lawsuit was clearly frivolous and lacking in merit.19 Criminal complaints
A violation of the Brown Act by a member of the legislative body who acts with the improper intent described below is punishable as a misdemeanor.20 A criminal violation has two components. The first is that there must be an overt act — a member of a legislative body must attend a meeting at which action is taken in violation of the Brown Act.21 “Action taken” is not only an actual vote, but also a collective decision, commitment or promise by a majority of the legislative body to make a positive or negative decision.22 If the meeting involves mere deliberation without the taking of action, there can be no misdemeanor penalty.

A violation occurs for a tentative as well as final decision.23 In fact, criminal liability is triggered by a member’s participation in a meeting in violation of the Brown Act — not whether that member has voted with the majority or minority, or has voted at all.

The second component of a criminal violation is that action is taken with the intent of a member “to deprive the public of information to which the member knows or has reason to know the public is entitled” by the Brown Act.24
PRACTICE TIP: Attorney’s
fees will likely be awarded if
a violation of the Brown Act is
proven.

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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 59
As with other misdemeanors, the filing of a complaint is up to the district attorney. Although criminal prosecutions of the Brown Act are uncommon, district attorneys in some counties aggressively monitor public agencies’ adherence to the requirements of the law.

Some attorneys and district attorneys take the position that a Brown Act violation may be pursued criminally under Government Code section 1222.25 There is no case law to support this view; if anything, the existence of an express criminal remedy within the Brown Act would suggest otherwise.26
Voluntary resolution
Arguments over Brown Act issues often become emotional on all sides. Newspapers trumpet relatively minor violations, unhappy residents fume over an action, and legislative bodies clam up about information better discussed in public. Hard lines are drawn and rational discussion breaks down. The district attorney or even the grand jury occasionally becomes involved. Publicity surrounding alleged violations of the Brown Act can result in a loss of confidence by constituents in the legislative body. There are times when it may be preferable to consider re-noticing and rehearing, rather than litigating, an item of significant public interest, particularly when there is any doubt about whether the open meeting requirements were satisfied.

At bottom, agencies that regularly train their officials and pay close attention to the requirements of the
Brown Act will have little reason to worry about
enforcement.

ENDNOTES:
1 California Government Code section 54960.1.

Invalidation is limited to actions that violate the
following sections of the Brown Act: section 54953 (the basic open meeting provision); sections 54954.2 and
54954.5 (notice and agenda requirements for regular
meetings and closed sessions); 54954.6 (tax hearings);
54956 (special meetings); and 54596.5 (emergency
situations). Violations of sections not listed above
cannot give rise to invalidation actions, but are subject to the other remedies listed in section 54960.1.
2 Castaic Lake Water Agency v. Newhall County Water
District (2015) 238 Cal.App.4th 1196, 1198
3 California Government Code section 54960.1 (b) and
(c)(1)
4 McKee v. Orange Unified School District (2003) 110 Cal.

App.4th 1310, 1318-1319
5 Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561 6 Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118 7 Government Code Section 54960.2(a); Senate Bill No. 1003, Section 4 (2011-2012 Session) 8 Government Code Sections 54960.2(a)(1), (2)
9 Government Code Section 54960.2(b)
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60 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 6: REMEDIES
10 Government Code Section 54960.2(a)(4)
11 Government Code Section 54960.2(c)(2)
12 Government Code Section 54960.2(c)(1)
13 Government Code Section 54960.2(c)(3)
14 Government Code Section 54960.2(d)
15 Government Code Section 54960.2(e)
16 California Alliance for Utility Safety and Education (CAUSE) v. City of San Diego (1997) 56 Cal.App.4th 1024; Common Cause v. Stirling (1983) 147 Cal.App.3d 518, 524; Accord Shapiro v. San Diego City Council (2002) 96 Cal. App. 4th 904, 916 & fn.6
17 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36 18 Los Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal.

App.4th 1313, 1327-29 and cases cited therein
19 California Government Code section 54960.5
20 California Government Code section 54959. A misdemeanor is punishable by a fine of up to $1,000 or up to six months in county jail, or both. California Penal Code section 19. Employees of the agency who participate in violations of the Brown Act cannot be punished criminally under section 54959.

However, at least one district attorney instituted criminal action against employees based on the theory that they criminally conspired with the members of the legislative body to commit a crime under section 54949.
21 California Government Code section 54959
22 California Government Code section 54952.6
23 61 Ops.Cal.Atty.Gen.283 (1978)
24 California Government Code section 54959
25 California Government Code section 1222 provides that “[e]very wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.” 26 The principle of statutory construction known as expressio unius est exclusio alterius supports the view that section 54959 is the exclusive basis for criminal liability under the Brown Act.

Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.

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1400 K Street, Suite 400, Sacramento, CA 95814
Phone: (916) 658-8200 | Fax: (916) 658-8240
www.cacities.org | www.cacities.org/events | www.westerncity.com February 14, 2023 Regular Meeting of the Lindsay City Council

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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
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II
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

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1 Table of Contents
About the Author ............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 February 14, 2023 Regular Meeting of the Lindsay City Council

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Lindsay City CouncilFebruary 14, 2023

Lindsay City Council
February 14, 2023