Resolution No. 3207-22 Virtual1
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RESOLUTION NO. 3207-22
A RESOLUTION BY THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT MAKING FINDINGS AND DECLARING ITS
INTENT TO CONTINUE REMOTE TELECONFERENCE MEETINGS PURSUANT TO GOVERNMENT
CODE SECTION 54953(e) DUE TO THE THREAT OF COVID-19
WHEREAS, the South Tahoe Public Utility District ("District") is committed to
preserving and nurturing public access and participation in meetings of the Board of
Directors ("Board"); and
WHEREAS, all meetings of the Board 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 observe the Board conduct its business; and
WHEREAS, 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, a required condition for remote telephone conference meetings is
that a state of emergency is declared by the Governor pursuant to Government Code
section 8625, proclaiming the existence of conditions of disaster or of extreme peril to
the safety of persons and property within the state caused by conditions as described
in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of
disaster, or extreme peril to the safety of persons and property within the State; and
WHEREAS, such conditions now exist in the State, specifically, the Governor of the
State of California proclaimed a State of Emergency on March 4, 2020, related to the
threat of COVID19, which remains in effect; and
WHEREAS, the California Division of Occupational Safety and Health
("Cal/OSHA") regulations at Title 8 Section 3205 recommends physical distancing in the
workplace as precautions against the spread of COVID-19 and imposes certain
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restrictions and requirements due to a "close contact" which occurs when individuals
are within six feet of another in certain circumstances; and
WHEREAS, California Department of Public Health and the federal Centers for
Disease Control and Prevention caution that the Delta variant and the Omicron variant
of COVID- 19 are more transmissible than prior variants of the virus and that even fully
vaccinated individuals can spread the virus to others resulting in rapid and alarming
rates of COVID-19 cases and hospitalizations; and
WHEREAS, the COVID-19 virus continues to pose imminent risk to health and
safety and directly impacts the ability of the public and the Board to meet safely in
person, accordingly, the Board hereby recognizes the proclamation of state of
emergency by the Governor of the State of California and the regulations of Cal/OSHA
recommending physical distancing; and
WHEREAS, as a consequence of the emergency related to COVID-19, to allow for
physical distancing and remote meeting attendance, the Board intends to continue to
invoke the provisions of AB 361 as provided in Government Code section 54953, subd.
(e) and such meetings of the District shall comply with the requirements to provide the
Board members and the public with access to the meetings as described in paragraph
(2) of subdivision (e) of section 54953; and
WHEREAS, the Board meetings will be accessible to the public to attend
electronically or via phone.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED by the South Tahoe
Public Utility District Board of Directors does hereby find and resolve as follows:
1. The foregoing recitals are true and correct.
2. The meetings of the Board may be held with teleconference rules pursuant to
the provisions of subdivision (e) of Government Code section 54953 due to the impacts
of COVID-19, the Governor's state of emergency proclamation, state and local
recommendations and the importance of physical distancing to minimize any potential
adverse health and safety risks.
Resolution No. 3207-22
Page 2
March 3, 2022
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3. The Board hereby considers the current conditions of the state of emergency
and the state and local recommendations and regulations related to social distancing
and reauthorizes remote teleconference meetings.
4. Staff is 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 of the Board in accordance with subdivision (e) of Government Code section
54953 and other applicable provisions of the Brown Act for remote only teleconference
meetings.
5. Staff is further directed to continue to monitor the conditions and health and
safety conditions related to COVID-19, the status of the Governor's state of emergency,
the local orders related to physical distancing, and the state regulations related to
social distancing, and present to the Board at its next regularly scheduled meeting the
related information and recommendations for remote only meetings pursuant to the
provisions of Government Code section 54953(e) (3) and to extend the time during
which the Board may continue to teleconference without compliance with paragraph
(3) of subdivision (b) of section 54953.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution No. 3207-22 was duly and regularly adopted and passed by the Board of
Directors of the South Tahoe Public Utility District at a regular meeting held on the 31d
day of March, 2022, by the following vote:
AYES: Cefalu, Romsos, Peterson, Sheehan, Exline
NOES: None
1 ABSENT: None
ATTEST:
Melonie Guttry, Clerk of the Board
South Tahoe Public Utility District
Resolution No. 3207-22
Page 3
March 3, 2022
*l �Wiholl�-
Kelly Sh han, Board President
South Tahoe Public Utility District