BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Consider Adopting a Resolution Proclaiming a Local Emergency, Acknowledging the Proclamation of a State of Emergency by Governor's Order No. N-23-20 Dated March 4, 2020, and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the Santa Clara Valley Water District for 30 Days Pursuant to Brown Act Provisions.
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RECOMMENDATION:
Recommendation
Consider adopting a RESOLUTION PROCLAIMING A LOCAL EMERGENCY, ACKNOWLEDGING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR'S ORDER NO. N-23-20 DATED MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE SANTA CLARA VALLEY WATER DISTRICT FOR 30 DAYS, PURSUANT TO BROWN ACT PROVISIONS.
Body
SUMMARY:
On September 16, 2021, the Governor signed into law Assembly Bill 361 (Rivas) (AB 361), which incorporates into California state law some features of the teleconferencing rules applied by Executive Orders (N-25-20, N-29-20, N-35-20) to local public agencies during the COVID-19 pandemic. These provisions of the executive orders are scheduled to sunset on September 30, 2021. Among other things, AB 361 allows legislative bodies to continue to hold remote meetings during the pandemic. More explicitly, this legislation allows local agencies to use teleconferencing without having to comply with the standard requirements of the Brown Act, provided that there is a "proclaimed state of emergency," as there is currently in the Governor's State of Emergency Declaration, issued on March 4, 2020, the state of emergency has not been lifted, and the legislative body meets "other requirements" (as described in greater detail below) in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the...
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