HomeMy WebLinkAbout2022-01-27; Clean Energy Alliance JPA; ; Reconsideration of the circumstances of the COVID-19 state of emergency to determine whether the legislative bodies of Clean Energy Alliance will continue to hold meeting.....,....2!Lfllil
CLEAN ENERGY ALLIANCE
DATE:
TO:
FROM:
ITEM2:
Staff Report
January 27, 2022
Clean Energy Alliance Board of Directors
Barbara Boswell, Chief Executive Officer
Reconsideration of the circumstances of the COVID-19 state of emergency to determine
whether the legislative bodies of Clean Energy Alliance will continue to hold meetings via
teleconferencing and making findings pursuant to Government Code Section 54953(e)
RECOMMENDATION
To continue meetings by teleconferencing pursuant to Government Code Section 54953(e), find that: (1)
the Board has reconsidered the circumstances of the state of emergency created by the COVID-19
pandemic; and (2) the state of emergency continues to directly impact the ability of the members to
meet safely in person.
BACKGROUND AND DISCUSSION
On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local
agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes
local agencies to continue meeting remotely without following the Brown Act's standard
teleconferencing provisions, including the requirement that meetings be conducted in physical
locations, under specified conditions. Namely, the meeting is held during a state of emergency
proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed
or recommended measures to promote social distancing; or (2) the agency has already determined or is
determining whether, as a result of the emergency, meeting in person would present imminent risks to
the health or safety of attendees.
The Board of Directors and CEA's other legislative bodies have met using teleconferencing throughout
the COVID-19 pandemic to protect the health and safety of the public and staff. On October 28, 2021,
the Board of Directors determined that the factual circumstances exist for CEA to continue to hold
meetings pursuant to AB 361. Specifically, on March 4, 2020, Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic (the "Emergency"). The Emergency continues to
exist. In addition, the Centers for Disease Control and Prevention continue to advise that COVID-19
spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19
when they are closer than six feet apart from others for longer periods of time. Based on this advice and
as a result of the emergency, the Board determined that meeting in person presents imminent risks to
the health or safety of attendees.
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To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the
body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts
the ability of the body's members to meet safely in person, or state or local officials continue to impose
or recommend measures to promote social distancing. These findings should be made not later than 30
days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.
Due to the ongoing emergency, the need to promote social distancing to reduce the likelihood of
exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, staff
recommends that the legislative bodies of CEA hold public meetings via teleconferencing pursuant to
Government Code Section 54953(e) and make the requisite findings to continue to do so.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS
None.