HomeMy WebLinkAboutUVBGSA Resolution_AB-361_22-04(May)RESOLUTION NO. 22-04
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RESOLUTION OF THE UKIAH VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY
FINDING THAT STATE OR LOCAL OFFICIALS CONTINUE TO RECOMMEND MEASURES
TO PROMOTE SOCIAL DISTANCING IN CONNECTION WITH PUBLIC MEETINGS
WHEREAS, all meetings of the Ukiah Valley Basin Groundwater Sustainability Agency
are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 – 54963),
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
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of a State of
Emergency declaring a state of emergency exists due to the outbreak of respiratory illness due
to a novel coronavirus (a disease now known as COVID-19), pursuant to the California
Emergency Services Act (Government Code section 8625) and that State of Emergency is still in
effect in the State of California; and
WHEREAS, as of the date of this Resolution, neither the Governor nor the state
Legislature have exercised their respective powers pursuant to Government Code section 8629
to lift the state of emergency either by proclamation or by concurrent resolution the state
Legislature; and
WHEREAS, the California Department of Industrial Relations has issued regulations
related to COVID-19 Prevention for employees and places of employment. Title 8 of the California
Code of Regulations, Section 3205(c)(5)(D) specifically recommends physical (social) distancing
as one of the measures to decrease the spread of COVID-19 based on the fact that particles
containing the virus can travel more than six feet, especially indoors; and
WHEREAS, the Mendocino County Public Health Officer continues to recommend
teleconferencing during public meetings of all legislative bodies to protect the community’s health
against the spread of COVID-19, based in part on the continued increased safety protection that
physical/social distancing provides as one means by which to reduce the risk of COVID-19
transmission; and
WHEREAS, the Ukiah Valley Basin Groundwater Sustainability Agency finds that state or
local officials have imposed or recommended measures to promote social distancing based on
the Mendocino County Public Health Officer recommendation and the California Department of
Industrial Relations’ issuance of regulations related to COVID-19 Prevention through Title 8 of the
California Code of Regulations, Section 3205(c)(5)(D); and
WHEREAS, as a consequence, the Ukiah Valley Basin Groundwater Sustainability
Agency does hereby find that current conditions meet the circumstances set for in Government
Code section 54953(e)(3) to allow this legislative body to conduct its meetings by teleconferencing
without compliance with Government Code section 54953 (b)(3), pursuant to Section 54953(e),
and that such legislative body shall comply with the requirements to provide the public with access
to the meetings as prescribed by Government Code section 54953(e)(2) to ensure the public can
safely participate in and observe local government meetings.
RESOLUTION NO. 22-04
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NOW, THEREFORE, BE IT RESOLVED by the Ukiah Valley Basin Groundwater
Sustainability Agency, as follows:
SECTION 1. RECITALS.
All of the above recitals are true and correct and are incorporated into this Resolution by this
reference.
SECTION 2. STATE OR LOCAL OFFICIALS CONTINUE TO RECOMMEND MEASURES TO
PROMOTE SOCIAL DISTANCING IN CONNECTION WITH PUBLIC MEETINGS.
The Ukiah Valley Basin Groundwater Sustainability Agency finds that State or local officials
continue to recommend measures to promote social distancing pursuant to Government Code
section 54953(e)(3) to allow legislative bodies to use teleconferencing to hold public meetings in
accordance with Government Code section 54953(e)(2) to ensure members of the public have
continued access to safely observe and participate in local government meetings.
SECTION 3. REMOTE TELECONFERENCE MEETINGS.
The Ukiah Valley Basin Groundwater Sustainability Agency is hereby authorized 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)(2) and other
applicable provisions of the Brown Act.
SECTION 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution introduced by____________, seconded by
___________, and carried this _____ of ________________ 2022, by the Ukiah Valley Basin
Groundwater Sustainability Agency, by the following vote:
AYES:
NO:
ABSENT:
ABSTAIN:
WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED.
______________________________
Glenn McGourty, Chair
Ukiah Valley Basin Groundwater Sustainability Agency
______________________________
Alfred White, Secretary
Ukiah Valley Basin Groundwater Sustainability Agency