HomeMy WebLinkAbout22-019WHEREAS, all meetings ofthe Board ofSupervisors (the °Board"\and its legislative bodies are open and public,
as required by the Ralph M. Brown Act (Cal. Govt Cede section 54950 et seq.), so tha� 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 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 local mfhc[a|a
have imposed mrrecommended measures topromote social distancing; and
WHEREAS, nnMarch 4,202(�, Governor Gavin Newsom issued aProclamation ofState ofEmergency imresponse
to the COVID-19 pandernic and as of the date of this Resolution, the proclaimed state of emergency remains in effect; and
WHEREAS, nnMarch 17 2020, Governor Newsom issued Executive Order 0-29-2Q which suspended and modified
the teleconferencing requirements under the Brown Act (California Government Code Section 54950 etseq.) to allow local
legislative bodies to hold public meetings via teleconference; and
WHEREAS, onJune 2JL2O28,the Governor issued Executive Order N-88-21,which extended the provisions ofN-
29-20concernimgthe conduct ofpublic meetings through September 30, 2021, and the Governor subsequently signed
legislation revising Brown Act requirements for teleconferenced pmbUic meetings (Assembly 00| 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 COVUD-19 prevention measume� which include references and a statement ofsupport for social
distancing recommendations (see Guidance for Use VfFace Coverings (updated January 5, 2022) and COV|D-19 Public
Health Recommendations for Fully Vaccinated People (updated October 28, 2021)); and
WHEREAS, the California Department of Industrial Relations has issued COVID-19 Prevention regulations in Title
O of the California Code of Regulations (Section 3205 et seq.) which requires employers to (1) have a written COV|D-19
prevention program ioc|udingemmp|Vyee 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 Emnergencyas a
result of the COV|D-19 pandenmic is currently in effect and has not been terminated and (2) State officials have imposed
orrecommended measures topromote 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 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, on December 14, 2021 the Board of Supervisors adopted resolution 21-183 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 January 11, 2022 the Board of Supervisors adopted resolution 22-005 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. 22-005 adopted on January 11, 2022, 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 January 5, 2022) and COVID-19 Public Health Recommendations for Fully Vaccinated People (updated
October 28, 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 mf Supervisors finds that State officials continue to impose or reco,m mend measures to promote
social distancing based on(2)the State PubUcHaafthOfficer's guidance and recommend abonssmppmrtingsociakdistancing
as found in the Guidance for Use of Face Coverings (updated January 5, 2022) and COV|D-19 Pub�Uc Health
Recommendations for Fully Vaccinated People (updated October 28, 2021) and the Department of industrial Relations'
issuance of COV/D'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 ofits legislative bodies are hereby authorized and
directed to take all actions necessary to carry out the intent and purpose of this Resolution incUuding 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) March 9, 2022 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 1oteleconference without compliance
with Section 549,53(b)(3).
vote:
PASSED AND ADOPTED by the Butte County Board of Supervisors this 8th day of February, 2022, by the following
AYES: Supervisors Lucen,Ritter, Khnrmeshme,Teeter and Chair Cnnmek/
NOES: None
ABSENT:None
NOT VOTING: None
Andy Pickett, Chief Administrative Officer
and Clerk ofth Board ofSupervisors
4 az (e �,
Chair 0
Butte County Board of Supervisors