HomeMy WebLinkAbout3 r2022-02 Virtual Meetings
Resolution No. 2022 - 02
A Resolution of the Board of Directors of the Truckee Donner Public
Utility District Authorizing Remote Teleconference Meetings of the Board
of Directors for the Period of February 2, 2022 to March 4, 2022 pursuant
to the Brown Act Provisions and AB361
WHEREAS, the Truckee Donner Public Utility District is committed to preserving and nurturing the public
access and participation in meetings of the District; and
WHEREAS, all meetings of the District’s legislative bodies are open and public, as required by the Ralph
M. Brown Act (Cal. Gov. Code 54950 et all), so that any member of the public may attend, participate,
and watch the District’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote
teleconferencing participation in meetings by members of a legislative body, without compliance with the
requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions;
and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to
Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to
the safety of persons and property within the state caused by conditions as described in Government
Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril
to the safety of persons and property within the jurisdictions that are within the District’s boundaries,
caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to
promote social distancing, or the legislative body meeting in person would present imminent risks to the
health and safety of attendees; and
WHEREAS, such conditions now exist in the District, specifically, the State of Emergency declared by
Governor Newsom on March 4, 2020, due to COVID-19 and
WHEREAS, the Broadband does hereby find that the increase in SARS-CoV-2 Delta Variant has
caused, and will continue to cause, conditions of peril to the safety of persons within the District that are
likely to be beyond the control of services, personnel, equipment, and facilities of the District, and desires
to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the
State of California; and
WHEREAS, as a consequence of the local emergency, the Board of Directors does hereby find that the
Board of Directors shall conduct their meetings without compliance with paragraph (3) of subdivision (b)
of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such
legislative bodies shall comply with the requirements to provide the public with access to the meetings as
prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the Board enacts virtual meeting protocols on February 2, 2022, which includes options for
public participation.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TRUCKEE
DONNER PUBLIC UTILITY DISTRICT THAT:
1. Recitals. The Recitals set forth above are true and correct and are incorporated into this
Resolution by this reference.
2. Ratification of Governor’s Proclamation of a State of Emergency. The Board hereby ratifies the
Governor of the State of California’s Proclamation of State of Emergency, effective as of its
issuance date of March 4, 2020.
3. Remote Teleconference Meetings. The Board is hereby authorized and directed to take all
actions necessary to carry out the intent and purpose of this Resolution including, conducting
open and public meetings in accordance with Government Code section 54953(e) and other
applicable provisions of the Brown Act.
4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and
shall be effective until the earlier of (i) March 2, 2022, or such time the Board adopts a
subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the
time with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District
on the second day of February 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By_________________________________
President
ATTEST:
_________________________________
Shanna D. Kuhlemier, CMC, District Clerk