HomeMy WebLinkAbout2021-10-28; Clean Energy Alliance JPA; ; Resolution No. 2021-013 to make determinations that will allow the Board of Directors and the legislative bodies of the Clean Energy Alliance to hold meetings via videoconference pursuant to AB 361October 28, 2021
AB 361 Determination
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for that comment period has elapsed, whether it is for a specific agenda item or a general
comment period. If an agency does not provide a timed public comment period, but takes
public comment separately on each agenda item, it must allow a reasonable amount of time per
agenda item to allow members of the public the opportunity to provide public comment,
including time to register or "otherwise be recognized for the purpose of providing public
comment."
• No Action During Disruptions: In the event of a disruption that prevents the local agency from
broadcasting the remote meeting, or in the event of a disruption within the local agency's
control that prevents members of the public from offering public comments using the call-in
option or internet-based service option, AB 361 prohibits the legislative body from taking any
further action on items appearing on the meeting agenda until public access to the meeting via
the call-in or internet-based options is restored.
• Periodic Findings: 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.
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. 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"). 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 6 feet apart from others for longer periods oftime. Based on this
advice and as a result of the Emergency, meeting in person presents imminent risks to the health or
safety of attendees.
Therefore, due to the ongoing COVID 19 pandemic, 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 CEA hold public meetings via teleconferencing pursuant to Government Code
Section 54953(e) and make the requisite findings to continue to do so.
Recommendation: Adopt Resolution No. 2012-013 making determinations that will allow the Board of
Directors and the legislative bodies of CEA to hold meetings via videoconference pursuant to AB 361.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS
Proposed Resolution No. 2012-013.
DocuSign Envelope ID: B4D95A3F-D624-4C2F-92FF-7CC38980D76C
RESOLUTION NO. 2021-013
A RESOLUTION OF THE CLEAN ENERGY ALLIANCE AUTHORIZING PUBLIC
MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO
GOVERNMENT CODE SECTION 54~53(e) AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
WHEREAS, the Board of Directors (the "Board") of the Clean Energy Alliance (the
"CEA") is committed to public access and participation in its meetings while balancing the need
to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19;
and
WHEREAS, all meetings of the CEA 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 Board conduct its business; and
WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective
on September 16, 2021 , legislative bodies of local agencies may hold public meetings via
teleconferencing pursuant to Government Code Section 54953(e), without complying with the
requirements of Government Code Section 54953(b)(3), if the legislative body complies with
certain enumerated requirements in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or
local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the
purpose of determining, by majority vote, whether as a result of the emergency, meeting
in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote, that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency in
response to the COVID-19 pandemic (the "Emergency").
WHEREAS, 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 6 feet apart from others for longer periods of
time.
WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social
distancing to reduce the likelihood of exposure to COVID-19, the CEA intends to hold public
meetings via teleconferencing pursuant to Government Code Section 54953(e).
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CLEAN ENERGY
ALLIANCE DOES RESOLVE AS FOLLOWS:
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