ITEM:		CONSENT CALENDAR
4.	CONSIDER ADOPTING RESOLUTION NO. 2021-13 AUTHORIZING REMOTE TELECONFERENCING MEETINGS OF ALL DISTRICT LEGISLATIVE BODIES FOR THE FOLLOWING 30 DAYS IN ACCORD WITH THE RALPH M. BROWN ACT AND AB 361 (RIVAS)
Meeting Date:			October 18, 2021	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			David Laredo	Cost Estimate:	N/A
General Counsel Review: Prepared by District Counsel
Committee Recommendation: N/A
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378.

DISCUSSION:

Governor Newsom signed AB 361 into law on September 16, 2021 to become effective on October 1, 2021. AB 361 extends the provisions of the Governor’s Executive Order N-29-20 and Executive Order N-35-20 and is effective until January 1, 2024. AB 361 amends sections of the Brown Act to allow legislative bodies to continue to hold teleconference meetings during a state of emergency if the legislative body finds that as a result of the proclaimed state of emergency, meeting in person would present imminent risks to the health or safety of attendees.

Assembly Bill 361 requires the District within 30 days of holding a virtual meeting for the first time, and every 30 days thereafter, to make findings ratifying the state of emergency.  

The exact language of the Bill is as follows:

If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:

(A) The legislative body has reconsidered the circumstances of the state of emergency. 
(B) Any of the following circumstances exist:

(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

District Counsel has prepared the attached resolution to satisfy the provisions of AB 361.  This Resolution can have effect for only 30 days.  After 30 days, the District must renew the effect of the resolution by either adopting another, or ratifying it.  If no action is taken the resolution shall lapse. 

For the Board’s future consideration/ratification, this item will be added to the Consent Calendar for each monthly regular meeting during the existence of the state of emergency.  

RECOMMENDATION:

Consider adopting draft Resolution No. 2021-13 authorizing remote teleconference meetings of all District legislative bodies for the following 30 days in accord with the Ralph M. Brown Act and AB 361 (Rivas).

OPTIONS

Take no action.

FINANCIAL IMPACT:

There is no fiscal impact.

EXHIBIT

4-A Draft Resolution No. 2021-13

U:\staff\Boardpacket\2021\20211018\Consent Calendar\04\Item-4.docx