File #: 22-006    Name: BoS Multi Agency Staff AB 361
Type: General Agenda Item Status: Passed
File created: 12/15/2021 In control: Board of Supervisors
On agenda: 1/11/2022 Final action: 1/11/2022
Title: Consider finding, pursuant to AB 361 and in order for the Board of Supervisors of the County of Monterey and the Monterey County Water Resources Agency, and the Boards of Directors of the East Garrison Community Services District and Successor Agency to the Redevelopment Agency to continue meeting remotely, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the Board of Supervisors has reconsidered the circumstances of the state of emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of the legislative bodies.
Attachments: 1. Board Report, 2. Completed Board Order Item No. 23

Title

Consider finding, pursuant to AB 361 and in order for the Board of Supervisors of the County of Monterey and the Monterey County Water Resources Agency, and the Boards of Directors of the East Garrison Community Services District and Successor Agency to the Redevelopment Agency to continue meeting remotely, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the Board of Supervisors has reconsidered the circumstances of the state of emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of the legislative bodies.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors of the County of Monterey and the Monterey County Water Resources Agency, and the Boards of Directors of the East Garrison Community Services District and Successor Agency to the Redevelopment Agency find, pursuant to AB 361 and in order for the Board of Supervisors to continue meeting remotely, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the Board of Supervisors has reconsidered the circumstances of the state of emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of the legislative bodies.

 

SUMMARY/DISCUSSION:

On September 16, 2021, Governor Newsom signed AB 361.  This legislation amends the Brown Act to allow meeting bodies subject to the Brown Act to meet via teleconference during a proclaimed state of emergency in accordance with teleconference procedures established by AB 361 rather than under the Brown Act’s more narrow standard rules for participation in a meeting by teleconference.  AB 361 provides that if a state or local health official recommends social distancing, a legislative body may meet remotely after September 30, 2021, provided that within 30 days of the first meeting after September 30, and every 30 days thereafter, the legislative body finds 1) the Governor’s proclaimed state of emergency is still in effect; 2) the legislative body has reconsidered the circumstances of the state of emergency, and 3) either the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies or the state of emergency continues to directly impact the ability of the members to meet in person.

 

The Monterey County Health Officer has recommended social distancing measures for meetings of legislative bodies, so the Board of Supervisors of the County of Monterey and the Monterey County Water Resources Agency, and the Boards of Directors of the East Garrison Community Services District and Successor Agency to the Redevelopment Agency were able to meet remotely the first time after September 30, 2021.  In order to continue meeting remotely, the Boards must make the findings outlined above.

 

Accordingly, staff recommends making the appropriate findings.  This action will be required every 30 days in order to keep meeting remotely; a special meeting may be necessary for that purpose.

 

OTHER AGENCY INVOLVEMENT:

The CAO and WRA General Manager concur in the recommendation.

 

FINANCING:

The only financial impact is the continuing cost of teleconferencing.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Mark a check to the related Board of Supervisors Strategic Initiatives

 

__Economic Development

X Administration

__Health & Human Services

__Infrastructure

X Public Safety

 

Prepared and Approved by:

 

______________________________________

Leslie J. Girard, County Counsel        Ext. 5365

 

Attachments:

Board Report