HomeMy WebLinkAboutResolution THCA No. 2021-06RESOLUTION NO. THCA 2021-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES
HERMANOS CONSERVATION AUTHORITY MAKING SPECIFIED
FINDINGS RELATING TO THE USE OF TELECONFERENCING IN
ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE
AUTHORITY SUBJECT TO STATE OPEN MEETING LAWS.
WHEREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic; and
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom issued Executive Orders that required, among other things, residents of
California to follow orders and guidance of local public health officials, including social
distancing and masking requirements; and
WHEREAS, existing California law, the Ralph M. Brown Act ("Brown Act") requires,
with specified exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public, that a physical location for such meetings
be provided, and that the public be permitted to provide public comment during the
meetings; and
WHEREAS, the Brown Act permits members of legislative bodies to
teleconference into public meetings subject to certain conditions, including that the place
from which the member teleconferences be open to the public, that an agenda be posted
on the site, and that the teleconference location be noticed in the agenda; and
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom's Executive Orders suspended,
among others, these Brown Act teleconferencing requirements to provide local agencies
with greater flexibility to hold meetings via teleconferencing safely; and
WHEREAS, as of September 30, 2021, the Governor's Executive Order
suspending the Brown Act's teleconferencing requirements expired; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361,
which authorizes a local agency to continue to use teleconferencing without complying
with certain teleconferencing requirements imposed by the Brown Act when: (1) the
legislative body of a local agency holds a meeting during a declared state of emergency;
(2) when state or local health officials have imposed or recommended measures to
promote social distancing; and/or (3) when a local agency has determined that meeting
in person would present imminent risks to the health or safety of attendees; and
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due to continued community spread of COVID-19 cases;
and
Resolution No. THCA 2021-06
WHEREAS, the Authority must approve a Resolution reaffirming that the
requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members
of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public
meetings via teleconferencing; and
WHEREAS, notwithstanding that the Authority, as defined by the Brown Act, are
now holding modified public meetings in person, there may be situations in which a Board
of Director(s) decides not to attend in person due to a particular health or safety risk posed
by such attendance and as such, it is the desire of the Authority to permit its Board of
Directors to attend by way of teleconference pursuant to Assembly Bill 361 due to health
and safety concerns associated with COVID-19.
NOW, THEREFORE,
CONSERVATION AUTHORITY
ORDER AS FOLLOWS:
THE BOARD OF THE TRES HERMANOS
DOES HEREBY RESOLVE, DETERMINE AND
Section 1. That the above recitals are true and correct. and based thereon, that
the spread and potential further spread of COVID-19 poses an imminent risk to the public
health and safety.
Section 2. That meetings of the Tres Hermanos Conservation Authority are held
in the City of Diamond Bar, in the County of Los Angeles, in the State of California.
Section 3. That a state of emergency due to the COVID-19 pandemic continues
to exist and at the time that this Resolution was adopted both Los Angeles County and
State health officials are recommending social distancing to slow the spread of COVID-
19.
Section 4. Pursuant to the Emergency Services Act (Government Code sections
8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City
Council of the City of Diamond Bar has proclaimed the continued existence of a local
emergency resulting from the COVID-19 pandemic; and
Section 5. That meeting in person may pose an imminent risk to the health and
safety of some attendees, including members of the Authority Board of Directors, who
due to age, health conditions, or vaccination status, have a higher risk of contracting
C0VID-19 and are more likely to get severely ill and in some cases, die from COVID-19.
Section 6. That during the effective period of this Resolution and any reaffirmation
thereof, Authority Board of Directors may participate in meetings subject to the Brown Act
by way of teleconference in accordance with Assembly Bill 361.
Section 7. That if a Board of Director(s) teleconferences into a meeting subject to
the Brown Act due to an imminent health and safety risk arising out of COVID-19, the
meeting shall be held in accordance with AB 361 by, among other things, providing notice
to the public how it can access the meeting and provide public comment, providing an
opportunity for the public to attend via a call -in or an internet-based service option,
Resolution No. THCA 2021-06
conducting the meeting in a manner which protects the statutory and constitutional rights
of the public, and stopping the meeting until public access is restored in the event of a
service disruption.
Section 8. The requirements of AB 361 shall only apply in the event that a Board
of Director(s) desires to attend a meeting subject to the Brown Act by way of
teleconference due to concerns that attending such a meeting poses an imminent risk to
his or her health and safety or those in attendance arising out of the COVID-19 pandemic.
If a Board of Director(s) desire to attend a meeting by way of teleconferencing for some
other reason, all Brown Act teleconferencing requirements shall apply.
IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date. Subsequent appearances by teleconferencing of the Board of Directors
must be affirmed/acknowledged every 30 days by the Tres Hermanos Conservation
Authority in order for the provisions of Assembly Bill 361 to continue to apply.
PASSED, APPROVED AND ADOPTED this 17tt' day of November, 2�2"1.
Ray r ez
Chai
Tres Hermano&igoervation Authority
ATTEST:
I, Kristina Santana, Secretary of the Tres Hermanos Conservation Authority, do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the
Board of Directors of the Tres Hermanos Conservation Authority at a regular meeting held
on the 17t" day of November, 2021, by the following vote:
AYES: BOARD MEMBERS: Lyons, Moss, Rogers, Ruggles, Tye, VC/Marcucci, C/Marquez
NOES: BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: None
ABSTAIN: BOARD MEMBERS: None
Kristina Santana
Secretary
as Hermanos Conservation Authority
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