City Council

AMMENDED AGENDA AS OF OCTOBER 3, 2022 Winters Regular Council Meeting AMMENDED AGENDA AS OF OCTOBER 3, 2022 Tuesday, October 4, 2022 @ 6:30 PM AGENDA Members of the City Council Wade Cowan, Mayor Bill Biasi, Mayor Pro-Tempore Harold Anderson Jesse Loren Pierre Neu Meeting Information https://us02web.zoom.us/j/87456623496?pwd=K0g1SE5TVUFaYTFQSUVMM01DZS9wdz09 Meeting ID: 874 5662 3496 Passcode: 053836 or in person at City Hall located at 318 1st St., Winters, CA 95694. COVID Disclaimer The Winters City Council meeting will be conducted pursuant to AB 361. 1.The meeting will be held via teleconference 2. If you are joining the meeting via Zoom and wish to make a comment on an item, press the “raise a hand” button. If you are joining the meeting by phone, press *9 to indicate a desire to make a comment. The chair will call you by name or phone number when it is your turn to comment. Speakers will be limited to 3:00 minutes. 3. If you choose not to observe the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment via email by 5:00 p.m. on the Monday prior to the City Council meeting. Please submit your comment to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. 4. If you are watching/listening to the live stream of the City Council meeting and wish to comment on a specific item as it is being heard, you may also submit your comment, limited to 250 words or less, to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. Council Chambers are located at 318 First Street, Winters, meeting location may vary. Please see agenda. City of Winters 1

AMMENDED AGENDA AS OF OCTOBER 3, 2022 1. ROLL CALL Report Out from Closed Session held on October 4, 2022 at 5:30pm 2. PLEDGE OF ALLIEGENCE 3. APPROVAL OF THE AGENDA 4. COUNCIL/STAFF COMMENTS 5. PUBLIC COMMENTS At this time, any member of the public may address the City Council on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Council. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. 6. CONSENT CALENDAR All matters listed under the consent calendar are considered routine and noncontroversial, require no discussion and are expected to have unanimous Council support and may be enacted by the City Council in one motion in the form listed below. There will be no separate discussion of these items. However, before the City Council votes on the motion to adopt, members of the City Council, staff, or the public may request that specific items be removed from the Consent Calendar for separate discussion and action. Items(s) removed will be discussed later in the meeting as time permits. A. Minutes from the Regular Meeting of the Winters City Council on September 20,2022. 20220920_Minutes B. Resolution No. 2022-84 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. Staff_Report_Renewal_AB361 Att1_Resolution2022_84 Att2_Yolo_County_Health_Memo C. Second Reading of Ordinance No. 2022-08 Approving First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. Staff_Report_Ord2022_08 Att1_Ordinance2022_08 Att2_Exhibit_A_First_Amendment Att3_PC_Resolution2022_07 D. Second Reading of Ordinance No. 2022-09 Amending Section 17.04.140.B of Chapter 17.04 of Title 17 of the Winters Municipal Code regarding the Definition of Site Coverage Staff_Report_Site_Coverage_Ordinance City of Winters 2

AMMENDED AGENDA AS OF OCTOBER 3, 2022 Att1_Ord_2022_09 Att2_PC_Staff_Report Att3_PC_Site_Coverage_Public_Comment E. Claim Against the City of Winters – Frederick von Geldern Staff_Report_Tort_Claim 2022_09_26Tort_Claim 7. PRESENTATIONS A. A Proclamation of the City Council of the City of Winters Honoring Brad Lopez for His 30 Years of Service the City of Winters and Winters Fire Protection District. BradLopez_Proclamation B. Winters Senior Commission Workplan Presentation Senior_Commission_Aging_Update Results_Center_Questionnaire WSCoA_2022_Bill's_Listed_Supported 8. DISCUSSION ITEMS A. PG&E Encroachment Permit for New 4” Gas Line Across the Trestle Bridge Staff_Report_PGE_trestlebridge_gasline PGE_Plans B. Resolution No. 2022-85 Amending the Professional Services Agreement with Psomas, Inc. to Increase the Total Compensation Amount By $650,000 and Extend the Term for One Year Ending November 30, 2023 and Authorizing the City Manager to Execute The Agreement Staff_Report_Psomas_Contract_Extension Att1_Reso_2022_85 Att2_First_Amendment_PSA_PSOMAS 9. CITY MANAGER REPORT 10. INFORMATION ONLY A. Achievement for Excellence in Financial Reporting Announcement of Award.pdf Press Release.pdf 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Winters City Council was posted on the City of Winters website at www.cityofwinters.org and Council Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. City of Winters 3

AMMENDED AGENDA AS OF OCTOBER 3, 2022 ______________________________________ Kathleen Salguero Trepa, City Clerk Winters City Council Agenda Questions about this agenda - Please call the City Clerk's Office (530) 794-6702. Agendas and staff reports are available on the city web page at http://www.cityofwinters.org/city-council-meetings_/ General Notes: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with disability to participate in a public meeting, contact the City Clerk. Staff recommendations are guidelines to the City Council. On any item, the Council may take action, which varies from that recommended by staff. The city does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. How to obtain City Council Agendas and Agenda Packets: View on the internet: http://www.cityofwinters.org/city-council-meetings_/ City Council agenda packets and any attachments to the agenda that are not available online may be viewed at the City Clerk's Office at City Hall - 318 First Street. Email Subscription: You may contact the City Clerk's Office to be placed on the list. An agenda summary is printed in the Winters Express newspaper. A recording of any streamed City Council meeting can be viewed later at http://www.cityofwinters.org/city-council-meeting-recordings/. City of Winters 4

Winters Regular Council Meeting Tuesday, October 4, 2022 @ 6:30 PM AGENDA Members of the City Council Wade Cowan, Mayor Bill Biasi, Mayor Pro-Tempore Harold Anderson Jesse Loren Pierre Neu Meeting Information https://us02web.zoom.us/j/87456623496?pwd=K0g1SE5TVUFaYTFQSUVMM01DZS9wdz09 Meeting ID: 874 5662 3496 Passcode: 053836 or in person at City Hall located at 318 1st St., Winters, CA 95694. COVID Disclaimer The Winters City Council meeting will be conducted pursuant to AB 361. 1.The meeting will be held via teleconference 2. If you are joining the meeting via Zoom and wish to make a comment on an item, press the “raise a hand” button. If you are joining the meeting by phone, press *9 to indicate a desire to make a comment. The chair will call you by name or phone number when it is your turn to comment. Speakers will be limited to 3:00 minutes. 3. If you choose not to observe the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment via email by 5:00 p.m. on the Monday prior to the City Council meeting. Please submit your comment to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. 4. If you are watching/listening to the live stream of the City Council meeting and wish to comment on a specific item as it is being heard, you may also submit your comment, limited to 250 words or less, to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. Council Chambers are located at 318 First Street, Winters, meeting location may vary. Please see agenda. City of Winters 1

1. ROLL CALL 2. PLEDGE OF ALLIEGENCE 3. APPROVAL OF THE AGENDA 4. COUNCIL/STAFF COMMENTS 5. PUBLIC COMMENTS At this time, any member of the public may address the City Council on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Council. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. 6. CONSENT CALENDAR All matters listed under the consent calendar are considered routine and noncontroversial, require no discussion and are expected to have unanimous Council support and may be enacted by the City Council in one motion in the form listed below. There will be no separate discussion of these items. However, before the City Council votes on the motion to adopt, members of the City Council, staff, or the public may request that specific items be removed from the Consent Calendar for separate discussion and action. Items(s) removed will be discussed later in the meeting as time permits. A. Minutes from the Regular Meeting of the Winters City Council on September 20,2022. 20220920_Minutes B. Resolution No. 2022-84 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. Staff_Report_Renewal_AB361 Att1_Resolution2022_84 Att2_Yolo_County_Health_Memo C. Second Reading of Ordinance No. 2022-08 Approving First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. Staff_Report_Ord2022_08 Att1_Ordinance2022_08 Att2_Exhibit_A_First_Amendment Att3_PC_Resolution2022_07 D. Second Reading of Ordinance No. 2022-09 Amending Section 17.04.140.B of Chapter 17.04 of Title 17 of the Winters Municipal Code regarding the Definition of Site Coverage Staff_Report_Site_Coverage_Ordinance Report Out from Closed Session held on October 4, 2022 at 5:30pm City of Winters 2

Att1_Ord_2022_09 Att2_PC_Staff_Report Att3_PC_Site_Coverage_Public_Comment E. Claim Against the City of Winters – Frederick von Geldern Staff_Report_Tort_Claim 2022_09_26Tort_Claim 7. PRESENTATIONS A. A Proclamation of the City Council of the City of Winters Honoring Brad Lopez for His 30 Years of Service the City of Winters and Winters Fire Protection District. BradLopez_Proclamation B. Winters Senior Commission Workplan Presentation 8. DISCUSSION ITEMS A. PG&E Encroachment Permit for New 4” Gas Line Across the Trestle Bridge Staff_Report_PGE_trestlebridge_gasline PGE_Plans B. Resolution No. 2022-85 Amending the Professional Services Agreement with Psomas, Inc. to Increase the Total Compensation Amount By $650,000 and Extend the Term for One Year Ending November 30, 2023 and Authorizing the City Manager to Execute The Agreement Staff_Report_Psomas_Contract_Extension Att1_Reso_2022_85 Att2_First_Amendment_PSA_PSOMAS 9. CITY MANAGER REPORT 10. INFORMATION ONLY A. Achievement for Excellence in Financial Reporting Announcement of Award.pdf Press Release.pdf 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Winters City Council was posted on the City of Winters website at www.cityofwinters.org and Council Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. ______________________________________ Kathleen Salguero Trepa, City Clerk Winters City Council Agenda City of Winters 3

Questions about this agenda - Please call the City Clerk's Office (530) 794-6702. Agendas and staff reports are available on the city web page at http://www.cityofwinters.org/city-council-meetings_/ General Notes: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with disability to participate in a public meeting, contact the City Clerk. Staff recommendations are guidelines to the City Council. On any item, the Council may take action, which varies from that recommended by staff. The city does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. How to obtain City Council Agendas and Agenda Packets: View on the internet: http://www.cityofwinters.org/city-council-meetings_/ City Council agenda packets and any attachments to the agenda that are not available online may be viewed at the City Clerk's Office at City Hall - 318 First Street. Email Subscription: You may contact the City Clerk's Office to be placed on the list. An agenda summary is printed in the Winters Express newspaper. A recording of any streamed City Council meeting can be viewed later at http://www.cityofwinters.org/city-council-meeting-recordings/. City of Winters 4

Minutes of the Regular Meeting of the Winters City Council Held via Teleconference (Zoom) and in person on September 20, 2022 ______________________________________________________________________ Mayor Cowan called the meeting to order at 6:30 PM Present: Council Members Harold Anderson, Jesse Loren, Pierre Neu, Mayor Pro Tem Bill Biasi, Mayor Wade Cowan Absent: None Staff: City Manager Kathleen Trepa Interim Fire Chief Matt Schechla led the Pledge of Allegiance. APPROVAL OF AGENDA: Motion by Council Member Neu, second by Council Member Loren to approve the agenda as is. Motion carried with the following roll call vote: AYES: Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: None COUNCIL/STAFF COMMENTS: Verbal updates were provided by Council Members. PUBLIC COMMENTS: Daniel Reina requested council ask staff to review the need for a stop sign at the intersection of Niemann & Taylor to address increasing traffic and speeding. CONSENT CALENDAR: A. Minutes from the July 19, 2022, meeting of the Winters City Council B. Minutes from the August 2, 2022, meeting of the Winters City Council C. Resolution No. 2022-76 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. D. Main Street Closure Request for the High School Pep Rally October 7, 2022 5

Minutes of the Regular Meeting of the Winters City Council held via Zoom on September 20, 2022 ________________________________________________________________________ City of Winters E. Resolution No. 2022-75 Approving the Purchase of a Command Vehicle for the Fire Department from Corning Ford in the Total not to Exceed Cost of $53,953.25 from Corning Ford F. Resolution No. 2022-77 Approving an Animal Control Services Agreement with Yolo County in the not to Exceed Amount of $74,431 for Fiscal Year 2022/23 and Authorizing the City Manager to Execute the Agreement G. Resolution No. 2022-78 Appointing Karen Croley to the Winters Senior Commission on Aging H. Resolution No. 2022-80 Approving a Memorandum of Understanding with the Professional Fire Fighters Association. I. Natural Resources Commission Annual Work Plan J. Main Street Closure Request for Festival de la Comunidad on September 24, 2022 K. Resolution No. 2022-81 Accepting Grant Funding from the State of California Office of Traffic Safety, Selective Traffic Enforcement Program in the Amount of $50,000 City Manager Trepa provided an overview of the consent calendar items. Tina Lowden expressed appreciation for item 6G. Motion by Council Member Neu, second by Mayor Pro Tem Biasi to approve the agenda as is. Motion carried with the following roll call vote: AYES: Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: None PRESENTATION: None. DISCUSSION ITEMS: A. Resolution 2022-82 Accepting Right-of-Way Easement for Valley Oak Drive Extension for Winters Highlands Phases III, IV & V City Engineer Megan Buche introduced the item. Motion by Council Member Loren, second by Council Member Neu to accept the right-of- way easement for the extension of Valley Oak Drive for Winters Highlands Phases III, IV & V; and b. Authorizing and directing the City Clerk to submit a certified copy of Resolution 2022-82, as well as the Easement Agreement for recordation with the Yolo County Recorder. Motion carried with the following roll call vote: AYES: Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None 6

Minutes of the Regular Meeting of the Winters City Council held via Zoom on September 20, 2022 ________________________________________________________________________ City of Winters ABSENT: None ABSTAIN: None B. Introduce and Waive First Reading of Ordinance No. 2022-08 Approving First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. Attorney Joanna Gin presented the item. Public hearing opened at 7:14pm Public hearing closed at 7:14pm Motion by Council Member Loren, second by Council Member Neu to approve the introduction and waive first reading of Ordinance No. 2022-08 approving the First Amendment to Amended and Restated Development Agreement for development of the property commonly known as the Winters Highlands property between the City of Winters and HBT of Winters Highlands, LLC and Meritage Homes of California, Inc. pursuant to Government Code sections 65864 through 65869.5. Motion carried with the following roll call vote: AYES: Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: None C. Introduction of Ordinance No. 2022-09 Amending Section 17.04.140.B of Chapter 17.04 of Title 17 of the Winters Municipal Code regarding the Definition of Site Coverage Senior Planner Kirk Skierski presented on the item Public hearing opened t 7:24pm Public hearing closed at 7:25pm Motion by Mayor Pro Tem Biasi, second by Council Member Neu to introduce and waive first reading of Ordinance No. 2022-09 amending Section 17.04.140.B of Chapter 17.04 of Title 17 of the Winters Municipal Code regarding the definition of “site coverage”. Motion carried with the following roll call vote: AYES: Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: None 7

Minutes of the Regular Meeting of the Winters City Council held via Zoom on September 20, 2022 ________________________________________________________________________ City of Winters D. Adopt Resolution No. 2022-79 Rejecting the Emergency Generator Bid for the Community Center Item introduced by City Manager Trepa. Tina Lowden inquired about usage of the facilities during the heat wave and inquired if the senior community would still receive the value of the investment if the bid was rejected. Kate Laddish recognized the need to provide locations for those that may need access to back up power during a power outage events. Motion by Council Member Neu, seconded by Mayor Pro Tem Biasi, to adopt Resolution No. 2022-79 rejecting the bid for the Emergency Generator project for the Community Center and direct staff to cancel the project. Motion carried with the following roll call vote: AYES: Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: None E. Modification to the Existing Newt’s Expressway Rule 20A Utility Underground District City Manager Trepa introduced the item. Councilmember Anderson recused himself due to ownership of property within proximity of the district. Public hearing opened at 8:01pm. Deputy City Clerk read a summary from Joe Ogando's written comment.(The full text of the comment is on file in the City Clerks Office) Tina Lowden agreed with beautification efforts but supported moving forward with leaving the pole at First and Newts expressway. Corinne Martinez inquired if there was an “and” answer instead of an “or.” Chuck Pearce inquired about the other alley behind Buckhorn and Pizza Factory. Public hearing closed at 8:08pm. the public hearing was reopened at 8:19 pm to allow Carol Scianna share that one tree behind Eagle Drug was on the plans to be removed but not the second. Closed public hearing at 8:20pm. Motion by Council Member Loren, second by Mayor Pro Tem Biasi to adopt Resolution No. 2022-83 modifying the Existing Newt’s Expressway Rule 20A Utility Underground District to exclude the aerial facilities on First Street. Motion carried with the following roll call vote: 8

Minutes of the Regular Meeting of the Winters City Council held via Zoom on September 20, 2022 ________________________________________________________________________ City of Winters AYES: Council Members Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: Council Member Anderson Council Member Anderson rejoined the meeting at 8:21 pm F. Loan Modification for the Fairfield Inn Development Impact Fee Payment Agreement City Manager Trepa introduced the item. Motion by Mayor Pro Tem Biasi, second by Council Member Neu to authorize the City Manager to execute an agreement in a form approved by the City Attorney to modify the Fairfield Inn Development Impact Fee Payment Agreement, and any and all other documents as may be necessary or convenient to effect the modification, as follows: Set the payment schedule to begin on or before six months after the hotel opens for business; and Accept the payoff of the principal amount of $533,292.46 without accrued interest at any point before the hotel opens. Motion carried with the following roll call vote: AYES:Council Members Anderson, Loren, Neu, Mayor Pro Tem Biasi, Mayor Cowan NOES: None ABSENT: None ABSTAIN: None CITY MANAGER REPORT: City Manager Trepa updated that INFORMATION ONLY: A. Public Comment Grand Prince Odeum July 19 ADJOURNMENT: Closed the meeting in recognition of Kate Humphrey's, Winters Highschool teacher. 8:31pm Wade Cowan, MAYOR ATTEST: ______________________________________ Kathleen Salguero Trepa, City Clerk 9

CITY COUNCIL STAFF REPORT TO: Honorable Mayor and Councilmembers DATE: October 4, 2022 FROM: Kathleen Salguero Trepa, City Manager SUBJECT: Resolution No. 2022-84 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. RECOMMENDATION: Adopt Resolution No. 2022-84 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. BACKGROUND: AB 361 allows the City Council and all commissions, committees and other legislative bodies of the City of Winters to meet virtually or telephonically without meeting certain Brown Act posting requirements, identifying each teleconference location, requiring each teleconference location to be publicly accessible, or requiring a quorum of the legislative body to be physically present within the City. Virtual public meetings still require standard meeting agendas and notices and the ability for the public to provide public comment. At its October 5, 2021, meeting, the City Council adopted Resolution No. 2021-65 making findings and determinations under AB 361 for continued virtual meetings. To continue virtual meetings, the Council must make findings every 30 days that 1) it has reconsidered the circumstances of the ongoing COVID-19 pandemic state of emergency and 2) either the state of emergency continues to directly impact the ability of the public to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. 10

2 DISCUSSION: AB 361 allows virtual public meetings to continue through January 1, 2024, provided that: 1. The Council holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or 2. The Council holds a meeting during a proclaimed state of emergency and determines or has determined by majority vote that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. At its October 5, 2021 City Council meeting, Council adopted Resolution No. 2021-65 making the initial findings and determinations under AB 361 for continued virtual meetings under AB 361. The City Council has reconsidered the circumstances of the state emergency and finds that local officials continue to impose or recommend measures to promote social distancing. The approval of Resolution No. 2022-84 and its renewal would apply to the City Council and all commissions, committees, and other legislative bodies of the City of Winters. This item will be placed on the agenda as a recurring consent item for every future City Council meeting as long as a state emergency exists, and the City Council desires to hold a teleconference meeting (including hybrid meetings). AB 361 requires the Council to renew this authorization every 30 days after teleconferencing for the first time under AB 361. The City Council regularly meets on the first and third Tuesdays of the month. The number of days between one first Tuesday of the month to the next, or one third Tuesday of the month to the next, could be more than 30 days for some intervals. Placing the item on the agenda as a recurring consent item ensures that there will not be a lapse in satisfying the renewal requirements under AB 361. AB 361 does not require in-person meetings if the City Council decides to continue with remote or Zoom meetings during the state emergency. AB 361 also does not require the City Council to hold remote or Zoom meetings during the state emergency. However, any in-person attendance would still need to comply with health orders related to masking or social distancing, as applicable. If hybrid meetings are offered, whereby people may attend in person, AB 361 still applies, and the meetings will be conducted consistent with those protocols. A copy of AB 361 is available at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB361. 11

3 FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: 1. Resolution 2022-84 2. Yolo County Health Officer’s Memo Regarding Remote Public Meetings 12

RESOLUTION NO. 2022-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WINTERS RENEWING AUTHORIZATION AND MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR CONTINUED VIRTUAL MEETINGS WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature recently enacted Assembly Bill 361, Chapter 165, Statutes of 2021 (“AB 361”), which amended Government Code section 54953 to allow local agencies to meet fully virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020, due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Winters has reconsidered the circumstances of the state of emergency; and WHEREAS, state or local officials continue to recommend measures to promote social distancing; and WHEREAS, according to the Yolo County Health Officer, the grounds for the social distancing recommendation include the unique characteristics of public governmental meetings, including the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges of ensuring compliance with safety requirements and recommendations at such meetings; and WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Winters desires to continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e); and WHEREAS, pursuant to AB 361, the City Council will review the findings required to be made at least every 30 days. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Winters as follows: 13

Resolution 2022-84 Page 2 of 2 1. The above recitals and true and correct and shall be the findings of the City Council of the City of Winters. 2. The City Council of the City of Winters and all commissions, committees and other legislative bodies of the City of Winters shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. 3. This Resolution does not prevent or prohibit the City Council or any commission, committee or other legislative body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other legislative bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Winters held on October 4, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Wade Cowan, Mayor ATTEST: ___________________