Item Coversheet

Agenda Item 3.1.3

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TRANSPORTATION AGENCY FOR MONTEREY COUNTY
Memorandum
To: 

Board of Directors

From:

Todd Muck, Executive Director

Meeting Date:

October 26, 2022

Subject:

AB 361 Findings


RECOMMENDED ACTION:

ADOPT finding, pursuant to AB 361, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect; the TAMC Board of Directors has reconsidered the circumstances of the state of emergency; and, the state of emergency continues to directly impact the ability of the members to meet in person.

SUMMARY:

It is recommended that the TAMC Board of Directors find, pursuant to AB 361, that the COVID-19 pandemic state of emergency declared by Governor Newsom is still in effect;  the TAMC Board of Directors has reconsidered the circumstances of the state of emergency;  and, the state of emergency continues to directly impact the ability of the members to meet in person.

FINANCIAL IMPACT:
None.
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, the TAMC Board of Directors 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 Board of Directors finds that 1) the Governor’s proclaimed state of emergency is still in effect; 2) the Board of Directors has reconsidered the circumstances of the state of emergency, and 3) 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, and additionally, the TAMC Board of Directors passed a resolution also making these findings on September 22, 2021, so the Board of Directors and the Board’s advisory committees have been able to meet remotely since September.  In order to continue meeting, in addition to the resolution, the Board of Directors must continually make the findings outlined above every 30 days. 

 

Accordingly, staff recommends making the appropriate findings.  This action should occur within every 30 days, per AB 361, in order to keep meeting remotely; additional special meetings may be necessary for that purpose. These findings apply to the TAMC Board and all TAMC Board advisory committees.