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AGENDA ITEM # 3
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MEETING DATE: February 2, 2022
TO: Board of Directors
FROM: Shanna D. Kuhlemier, CMC, District Clerk/Assistant to the
General Manager
SUBJECT: Consideration to Adopt of Resolution 2022-02, Resolving a
Local Emergency and Authorizing Remote Teleconference
Meetings of the Board of Directors for the Period February 2,
2022 to March 4, 2022 pursuant to the Brown Act Provisions
and AB361.
RECOMMENDATION:
Make certain findings, including but not limited to, meeting in person would present
imminent risks to the health or safety of attendees, as set forth in Resolution 2022-02
which defines the provisions of AB361 and authorizes remote teleconference meetings for
the next thirty (30) days of the initial or subsequent resolution to continue to allow the
Board of Directors to meet remotely via teleconference, as allowed under AB361 and in
compliance with the Brown Act Provisions for the period February 2, 2022 to March 4,
2022.
BACKGROUND:
Governor Newsom declared a State of Emergency on March 4, 2020 in response to the
COVID-19 pandemic. Executive Order N-29-20, signed on March 17, 2020, suspended
certain requirements of the Brown Act by granting public agencies the ability to conduct
meetings via teleconference or electronic means while providing member of the public
options to observe and provide public comment during the course of the meeting without
physically attending. Executive Order N-08-21, rescinded these temporary Brown Act
measures effective September 30, 2021.
Whereas, Assembly Bill 361 was passed on September 16, 2021, and is effective from
October 1, 2021 until January 1, 2024, providing local agencies the ability to meet remotely
during proclaimed state emergencies as defined in CA GOVT Code 8625, as defined when
state officials have imposed or recommended measures to promote social distancing.
Consistent with the requirements of AB 361, the District or Committee must make certain
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findings, which are set forth in Resolution 2022-02, defining the provisions of AB361 which
defines the provisions of AB 361 and authorized remote teleconference meetings for the
next thirty (30) days. A subsequent resolution must be adopted no later than thirty (30)
days of adoption of the initial or subsequent resolution to continue to allow the Board to
meet remotely via teleconference.
FISCAL IMPACT:
There is no fiscal impact associated with approving Resolution 2022-02.
ATTACHMENT:
1. Resolution 2022-02.