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Home My WebLink About12. Consider a resolution to renew findings and conduct meetings under AB 361 guidelines through mid-February 2022 Page 1 of 5 Item 12. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JANUARY 13, 2022 SUBJECT: CONSIDER ADOPTING RESOLUTION NO. 2022-004 REAUTHORIZING THE USE OF TELECONFERENCE/HYBRI D PARTICI PATI ON FOR BOARD AND COMMITTEE MEETINGS, PURSUANT TO BROWN ACT PROVISIONS PROVI DED UNDER ASSEMBLY BI LL 361, FOR THE PERI OD OF JANUARY 17 THROUGH FEBRUARY 17, 2022 SUBMITTED BY: INITIATING DEPARTMENT: KENTON ALM, DISTRICT COUNSEL SECRETARYOF THE DISTRICT Roger S. Bailey General Manager ISSUE Due to the COVI D-19 pandemic Emergency Declaration and recent passage of Assembly Bill (AB) 361, the Board of Directors must that make specific findings that authorizes the continuation of teleconferencing and virtual/hybrid meetings, for a 30-day period, and each 30-day period thereafter. Pursuant to the provisions provided under the bill, the Board last made those findings with adoption of Resolution 2021- 082 on December 16, 2021 for the period of January 1-15, 2022. The Board must renew its the findings in order to continue virtual/hybrid meetings according to the same protocols for another 30-days, or return to in person or hybrid meetings with the more restrictive criteria set forth in AB 361. BACKGROUND Governor Gavin Newsom signed Executive Order N-15-21 clarifying that public agencies may continue to meet remotely in accordance with procedures established by prior Executive Orders until October 1 st, notwithstanding the adoption of urgency legislation which modifies the procedures for virtual meetings during a proclaimed state of emergency. On September 16th Governor Newsom signed AB361 which allows local public agencies to continue to meet remotely during the current state of emergency under modified Brown Act requirements that are similar, but not identical, to the rules and procedures established by the previous Executive Brown Act Orders. January 13, 2022 Special Board Meeting Agenda Packet- Page 216 of 260 Page 2 of 5 1 n order for the Board to continue virtual/hybrid meetings under the emergency provisions in AB 361 the Board must make the following findings by majority vote every 30 days to continue using the bill's exemption to the more restrictive Brown Act teleconferencing rules: • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. In response to the passage of AB 361, on September 20, 2021 the Contra Costa Health Services Department issued "Recommendations For Safely Holding Public Meetings" which recommended continued use of holding virtual meetings for the immediate future so long as the State's Declaration of the COVI D Emergency remains in place and a public agency makes the finding every 30 days that the Contra Costa Health Services Department continue to recommend social distancing. As recently as December 28, 2021, the County Health Services updated its Indoor Masking Order to require use of masks in indoor public places and eliminated prior exceptions due to the surge of the Omicron variant. This action serves to confirm its prior guidances recommending continued social distancing. Neither the County or the County Health Services Department is mandating continued use of teleconference or online public meetings, so the Board must make its own determination and findings if it seeks to continue with virtual/hybrid meetings under the relaxed teleconferencing protocols. If the Board seeks to transition back to more traditional in person meetings, recommendations set forth by the County Health Services regarding social distancing should be followed. The proposed resolution is provided should the Board seek to extend the use of virtual/hybrid meetings for an additional 30 days. The attached proposed resolution refers to both Board and Board Committee meetings. However, the Board could choose to extend the more relaxed virtual/hybrid protocols for either or both Committee and Board meetings. As of this agenda posting, the same findings remain in place. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed resolution or modify it to address only Committee or Board meetings. FINANCIAL IMPACTS None at this time. COMMITTEE RECOMMENDATION This item was not reviewed by a Board Committee. January 13, 2022 Special Board Meeting Agenda Packet- Page 217 of 260 Page 3 of 5 RECOMMENDED BOARD ACTION Consider the information presented for the manner to conduct Board and Committee meetings effective January 17 through February 17, 2022, and take one of the following actions: 1. Adopt the proposed resolution which renews findings of the safety and health of participants and to conduct virtual/hybrid meetings pursuant to Brown Act provisions provided underAB 361 for the period of January 17-February 17, 2022, and replace Resolution 2021-082 (enacted through January 15, 2022) on January 17; or 2. Do not adopt the proposed resolution and conduct meetings pursuant to the Brown Act guidelines provided under Government Code 54953.3(b). Resolution 2021-082 would be rescinded, January 17. ATTACHMENTS: 1. Proposed Resolution January 13, 2022 Special Board Meeting Agenda Packet- Page 218 of 260 Page 4 of 5 RESOLUTION NO. 2022-004 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REAUTHORIZING REMOTE TELECONFERENCE/HYBRID MEETINGS UNDER ASSEMBLY BILL 361 EFFECTIVE JANUARY 17 THROUGH FEBRUARY 17, 2022 WHEREAS, the Central Contra Costa Sanitary District (Central San) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed the existence of a state of emergency in California under the California Emergency Services Act, Gov. Code § 8550 et seq. and remains in effect; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which provides that under Government Code section 54953(e), a legislative body subject to the Brown Act may continue to meet using teleconferencing without complying with the non-emergency teleconferencing rules in Government Code section 54953(b)(3) if a proclaimed state of emergency exists and state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for safely holding public meetings that include recommended measures to promote social distancing, and remains in effect; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the Board of Directors reestablished its findings and adopted Resolution 2021-082 on December 16, 2021, that allowed for virtual/hybrid Board and Committee meetings pursuant to the provisions under AB 361 through January 15, 2022; and WHEREAS, as a condition of extending the use of the provisions under AB 361, the Board of Directors must reconsider the circumstances of the state of emergency that exists within the County; and WHEREAS, as a consequence of the state of emergency persisting, the Board of Directors does hereby find that Central San shall continue to conduct their meetings by virtual/hybrid method in compliance with AB361 for the period of January 17 through February 17, 2022. NOW, THEREFORE, BE IT RESOLVED by the Central San Board of Directors as follows: THAT Central San finds that the Contra Costa County Health Officer continues to recommend that public meetings be held by teleconferencing as those meetings present the lowest risk of transmission of SARS-CoV-2 and continues to require social distancing; and THAT, as authorized by Assembly Bill 361, Central San will continue to use teleconferencing for its meetings in accordance with the provisions of Government Code section 54953(e); and THAT staff is authorized and directed to take all actions necessary to implement the intent and purpose of this resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and all other applicable provisions of the Brown Act; and THAT Resolution 2021-082 would be replaced by this Resolution on January 17, 2022. January 13, 2022 Special Board Meeting Agenda Packet- Page 219 of 260 Page 5 of 5 Central Contra Costa Sanitary District Resolution No. 2022-004 Page 2 of 2 PASSED AND ADOPTED this 13th day of January 2022, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District January 13, 2022 Special Board Meeting Agenda Packet- Page 220 of 260