HomeMy WebLinkAbout2022-01-11 - Resolution No. 2022-01RESOLUTION NO. 2022-01
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 RE -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 continue to 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.
WHEREAS, the Board of Directors previously adopted Resolution No. 2021-43 on
December 14, 2021, finding that the requisite conditions exist for the
legislative body of the District to Conduct remote teleconference meetings
without compliance with Government Code Section 54953 (b)(3).
Resolution No. 2022-01 Re -Authorizing Virtual Board Meetings Pursuant to AB 361
WHEREAS, as a condition of extending the use of the provisions found in Government
Code 54953(e), the Board of Directors must reconsider the circumstances
of the state of emergency, and the Board has done so.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
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 continues to
be in effect; (2) state and/or local officials continue to recommend 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 re -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 11th day of January 2022 by the following called vote:
AYES:
Directors DesRoches, Hawkins, Jones, Lindsey, and Miller
NOES:
None
ABSTAIN:
None
ABSENT:
None
J. Wayn Milleq PhD., Presi ent
Yorba Linda W er District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, sq.
Kidman Gagen w LLP
Resolution No. 2022-01 Re -Authorizing Virtual Board Meetings Pursuant to AB 361