HomeMy WebLinkAbout2021-10-21 - Resolution No. 2021-40 RESOLUTION NO. 2021-40
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
RELYING ON THE CALIFORNIA GOVERNOR'S PROCLAMATION OF A STATE
OF EMERGENCY ON MARCH 4, 2020, AND AUTHORIZING VIRTUAL
BOARD MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the Yorba Linda Water District ("District") is committed to preserving public
access and participation in meetings of the Board of Directors.
WHEREAS, all meetings of the District's legislative bodies are open and public, as
required by the Ralph M. Brown Act (California Government Code Sections
54950-54963), so that any member of the public may attend and participate
in the District's meetings.
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State
of California, the Governor issued a number of executive orders aimed at
containing the COVID-19 virus.
WHEREAS, among other things, these orders waived certain requirements of the Brown
Act to allow legislative bodies to meet virtually.
WHEREAS, pursuant to the Governor's executive orders, the District has been holding
virtual meetings during the pandemic in the interest of protecting the health
and safety of the public, Board members, and District staff.
WHEREAS, the Governor's executive orders related to the suspension of certain
provisions of the Brown Act expired on September 30, 2021.
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361,
Government Code Section 54953(e), which allows legislative bodies to
meet virtually provided there is a state of emergency declared by the
Governor, and either: (1) state or local officials have imposed or
recommended measures to promote social distancing; or (2) the legislative
body determines by majority vote that meeting in person would present
imminent risks to the health and safety of attendees.
WHEREAS, such conditions now exist in the District, specifically, a state of emergency
has been proclaimed related to COVID-19 by the Governor of California as
of March 4, 2020, local officials continue to recommend measures to
promote social distancing, and because of the ongoing threat of COVID-19,
meeting in person would present imminent risks to the health and safety of
attendees.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Resolution No.2021-40 Authorizing Virtual Board Meetings Pursuant to AB 361 1
SECTION 1. Remote Teleconference Meetings: Consistent with the provisions of
Government Code Section 54953(e), the Board of Directors finds and
determines that: (1) a state of emergency related to COVID-19 is currently
in effect; (2) state and/or local officials have recommended measures to
promote social distancing in connection with COVID-19; and (3) due to the
health and safety of attendees, and, based on the foregoing facts, findings,
and determinations, the Board authorizes staff to conduct remote
teleconference meetings of the Board of Directors, including Committee
meetings, per the provisions of Government Code Section 54953(e).
SECTION 2. Effective Date of Resolution: This Resolution shall take effect upon adoption
and shall be effective for 30 days unless earlier extended by a majority vote
of the Board of Directors.
PASSED AND ADOPTED this 21St day of October 2021 by the following called vote:
AYES: Directors DesRoches, Jones, Lindsey, and Miller
NOES: None
ABSTAIN: None
ABSENT: Director Hawkins
J. WayneWiller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
An rew B. Gag Esq.
Kidman Gage Law LLP
Resolution No.2021-40 Authorizing Virtual Board Meetings Pursuant to AB 361 2