HomeMy WebLinkAbout21-183RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS RE -AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE BUTTE E COUNTY BOARD OF SUPERVISORS FOR THE PERIOD OF
DECEMBER 14, 2021 THROUGH, JANUARY 12, 2022 PURSUANT TO THE RALPH M. BROWN ACT
WHEREAS, all meetings of the Board of Supervisors (the "Board") and its legislative bodies are open and public,
as required by the Ralph M. Brown Act (Cal. Govt Code section 54950 et seq.), so that any member of the public may
attend, participate and view the legislative bodies conduct their business; and:
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing
participation in meetings by members of a legislative body, without compliance with the requirements of Government
Code section 54953(b)(3), subject to the existence of certain conditions and requirements; and
WHEREAS, Government Code section 54953(e) requirements include but are not limited to (1) the existence of a
state of emergency declared by the Governor pursuant to Government Code section 8625 and (2) State or locali officials
have imposed or recommended measures to promote social distancing; and
WHEREAS, on March 4, 2020, Governor Gavin Newsom issued a Proclamation of State of Emergency in response
to the COVID-19 pandemic and as of the date of this Resolution, the proclaimed state of emergency remains in effect; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified
the teleconferencing requirements underthe Brown Act (California Government Code Section 54950 etseq.) to allow local
legislative bodies to hold public meetings via teleconference; and
WHEREAS, on, June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provisions of N-
29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed
legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to
hereinafter as "AB 361"); and
WHEREAS, to preserve public health and safety, the State Public Health Officer has issued various orders and
guidance regarding COVID-19 prevention measures, which include references and a statement of support for social
distancing recommendations (see Guidance for Use of Face Coverings (updated July 28, 2021) and COVID-19 Public Health
Recommendations for Fully Vaccinated People (dated August 24, 2021)); and
WHEREAS, the California Department of Industrial Relations has issued COVID-19 Prevention regulations in Title
8 of the California Code of Regulations (Section 3205 et seq.) which requires employers to (1) have a written COVID-19
prevention program including employee training that promotes physical distancing as an infection prevention measure
and (2) consider implementing physical distancing where feasible as a response to COVID-19 outbreaks; and
WHEREAS, based on the foregoing, the Board finds that (1) the Governor's Proclaimed State of Emergency as a
result of the COVIN -1'9 pandemic is currently in effect and has not been terminated and (2) State officials have imposed
or recommended measures to promote social distancing; and
WHEREAS, on October 12, 2021 the Board of Supervisors previously adopted resolution No. 21-153 finding that
the requisite conditions existed for the Board of Supervisors and its legislative bodies to conduct remote teleconference
meetings without compliance with Government Code section 54953(b)(3), as authorized by Section 54953(e); and
WHEREAS, on November 9, 2021 the Board of Supervisors adopted resolution No. 21-169 re -authorizing the
finding that the requisite conditions existed for the Board of Supervisors and its legislative bodies to conduct remote
teleconference meetings without compliance with Government Code section 54953(b)(3), as authorized by Section
54953(e); and
WHEREAS, on November 18, 2021 the Board of Supervisors adopted a new resolution (21-175) re -authorizing the
finding that the requisite conditions existed for the Board of Supervisors and its legislative bodies to conduct remote
teleconference meetings without compliance with Government Code section 54953(b)(3), as authorized by Section
54953(e); and
WHEREAS, as a condition of extending the use of the teleconferencing provisions for another 30 days beyond the
Resolution No. 21-153 adopted on October 12, 2021, pursuant to Government Code section 54953(e), the Board of
Supervisors must reconsider the circumstances of the state of emergency that exists and find that either the state of
emergency continues to directly impact the ability of the members to meet safely in person or state or local officials
continue to impose or recommend measures to promote social distancing; and
WHEREAS, the Board of Supervisors has reconsidered the circumstances of the continuing state of emergency and
finds that state or local officials continue to impose or recommend measures to promote social distancing, based on (1)
the State Public Health Officer's issuance of various orders and guidance regarding COVID-19 prevention measures, which
include references and a statement of support for social distancing recommendations (see Guidance for Use of Face
Coverings (updated July 28, 2021) and COVID-19 Public Health Recommendations for Fully Vaccinated People (dated
August 24, 2021)) and (2) California Department of Industrial Relations regulations related to COVID-19 Prevention,
specifically Title 8 of the California Code of Regulations, Section 3205 et seq., continuing to remain in effect; and
WHEREAS, in light of the foregoing, the Board desires to continue to have the flexibility to meet via tele/video
conference and the Board finds that it and its legislative bodies shall be permitted to conduct their meetings by
teleconferencing without compliance with Government Code section 54953(b)(3) pursuant to section 54953(e), and such
legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed by
section 54953(e)(2).
NOW, THEREFORE, BE IT RESOLVED, FOUND AND ORDERED by the Butte County Board of Supervisors as follows:
1. The facts set forth in the above recitals are true and correct and incorporated into this resolution by
reference;
2. The Board of Supervisors has reconsidered the circumstances of the state of emergency that continues to
exist and was proclaimed by Governor Newsom through a State of Emergency Proclamation on March 4, 2020.
3. The Board of Supervisors finds that State officials continue to impose or recommend measures to promote
social distancing based on (1) the State Public Health Officer's guidance and recommendations supporting social distancing
as found in the Guidance for Use of Face Coverings (updated July 28, 2021) and COVID-19 Public Health Recommendations
for Fully Vaccinated People (dated August 24, 2021)) and the Department of Industrial Relations' issuance of COVID-19
Prevention regulations through Title 8 of the California Code of Regulations, section 3205 et seq. promoting social
distancing in the workplace.
4. Under the present circumstances, the Board and any of its legislative bodies are hereby authorized and
directed 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.
5. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of
(i) December 18, 2021 or (ii) such time the Board adopts a subsequent resolution in accordance with Government Code
section 54953(e)(3) to extend the time during which its legislative bodies may continue to teleconference without
compliance with Section 54953(b)(3).
2M
PASSED AND ADOPTED by the Butte County Board of Supervisors this 14" day of December, 2021, by the following
AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair Connelly
NOES: None
ABSENT:None
ABSTAIN: None
Und:&I
Andy Pickett, Chief Administrative Officer
and lerl of the Board of Supervisors
By:
Deputy
B�u
Bill Connelly, Chair
Butte County Board of Supervisors