HomeMy Public PortalAboutResolution - 21-33- 20211013 - AB361 Allow TeleconferenRESOLUTION NO. 21-33
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT RECOGNIZING THE PROCLAMATION
OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020
AND AUTHORIZING REMOTE TELECONFERENCED PUBLIC MEETINGS
OF THE BOARD OF DIRECTORS AND BOARD COMMITTEES
WHEREAS, the Midpeninsula Regional Open Space District ("District") is committed
to preserving and nurturing public access and participation in meetings of the Board of Directors;
and
WHEREAS, all public meetings of the District's legislative bodies are open and public,
as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 — 54963), so that any member of
the public may attend, participate, and watch the District conduct its business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to
make additional resources available, formalize emergency actions already underway across
multiple state agencies and departments, and help the State prepare for a broader spread of
COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVED -19 pandemic, Govemor
Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown
Act in order to allow local legislative bodies to conduct meetings telephonically or by other
means; and
WHEREAS, as a result of Executive Order N-29-20, the District held remote
teleconferenced remote meetings for all legislative bodies of the District via Zoom,and for
purposes of Brown Act teleconferenced meetings the term "legislative body" includes the Board
of Directors, all standing and ad hoc committees of the Board, and all advisory committees
created or appointed by the Board, including the Bond Oversight Committee; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21,
which designated an end date of September 30, 2021, for agencies to hold remote
teleconferenced meetings; and
WHEREAS, since the issuance of Executive Order N-08-21, the Delta variant has
emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on August 2, 2021, in response to the Delta variant of COVID-19, the Santa
Clara County and San Mateo County Health Departments ordered a mask mandate for indoor
public settings; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which
allows local legislative bodies and advisory bodies to continue to conduct meetings via
teleconferencing under specified conditions, including that the Board of Directors make specified
findings; and
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WHEREAS, on September 21, 2021, the Santa Clara County Health Officer issued a
Recommendation Regarding Continued Remote Public Meetings of Governmental Entities,
basing the recommendation on: 1) the continued threat of COVID-19 to the community, 2) the
unique characteristics of public governmental meetings (such as the increased mixing associated
with bringing together people from across the community, the need to enable those who are
immunocompromised or unvaccinated to be able to safely continue to fully participate in public
governmental meetings, and the challenges with fully ascertaining and ensuring compliance with
vaccination and other safety recommendations at such meetings), and 3) the continued increased
safety protection that social distancing provides as one means by which to reduce the risk of
COVID-19 transmission; and
WHEREAS, for the reasons set forth in the Santa Clara County Health Officer's
recommendation, the District is concemed about the health and safety of all individuals who
attend open and public meetings of the District; and
WHEREAS, the Board of Directors does hereby find that the existence of the March 4,
2020 Proclamation of a State Emergency, and the aforesaid conditions, pose an imminent risk to
health and safety of meeting attendees; and
WHEREAS, for the reasons set forth herein, the Board of Directors does hereby find that
the legislative bodies of the District 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.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AS FOLLOWS:
1. The Board of Directors hereby recognizes the Governor of the State of California's
March 4, 2020 Proclamation of a State of Emergency.
2. The Board of Directors authorizes and directs the General Manager and legislative bodies
of the District, which shall include all standing and ad hoc committees of the Board of
Directors, and all advisory bodies created or appointed by the Board of Directors,
including the Bond Oversight Committee, 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.
3. This Resolution shall take effect immediately upon adoption and shall be effective until
the earlier of thirty (30) days from the date of adoption of this Resolution, or such time as
the Board of Directors votes, by majority vote in accordance with Government Code
section 54953(e)(3), whether to extend the time during which the District may continue to
teleconference without compliance with paragraph (3) of subdivision (b) of section
54953.
4. The General Manager is hereby authorized and directed to execute and deliver any
documents and to do such acts as may be deemed necessary or appropriate to accomplish
the intentions of this Resolution.
* * * * * * * * * * * * * * * * * * *
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PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 13, 2021, at a regular meeting thereof, by the following vote:
AYES: CYR, HOLMAN, KERSTEEN-TUCKER, RIFFLE, SIEMENS
NOES: NONE
ABSTAIN: NONE
ABSENT: HASSETT, KISHIMOTO
ATTEST:
Larry assett, Secretary
Board of Directors
APPROVED AS TO FORM:
W
Hilary Stevenson, General Counsel
APPROVED:
Curt Riffle, President
Board.of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
er odworth, District Clerk
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