Executive Committee
Friday, January 21, 2022
12:30 PM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
IMPORTANT NOTICE REGARDING COVID-19 MEETING REQUIREMENTS The special procedures in place to minimize the spread of the COVID-19 virus may supersede general meeting procedures and delay distribution of materials to members, although every effort will be made to ensure comments and materials received prior to the meeting end will be made part of the record.
Based on guidance from the California Department of Public Health and the California Governor’s Office, in order to minimize the spread of the COVID-19 virus, please do the following:
1. You are strongly encouraged to observe the live stream of the CCCE Executive Committee meeting at:
https://3cenergy.hylandcloud.com/203agendaonline/Meetings/Search?dropid=4
2. The CCCE Committee Room remains open. If you attend the CCCE Executive Committee meeting in person:
a. You will be required to (i) wear a mask during the meeting and (ii) maintain appropriate social distancing, i.e., maintain a 6-foot distance between yourself and other individuals. b. Additional seating with audio of the CCCE Executive Committee meeting will be available in the CCCE Main Conference Room, located at 70 Garden Court, Suite 300, Monterey, CA 93940. Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact Heather Vowell, Committee Clerk, at 831-641-7216 or [email protected]. Requests should be made as soon as possible but at least 72 hours prior to the scheduled meeting.
3. If you choose not to attend the CCCE Executive Committee meeting but wish to make a comment on a specific agenda item, you may please submit your comment as set out below. The timing of public comment shall be at the discretion of the Chair. Options for public comment are as follows:
a. To have your comments distributed to the Committee prior to the meeting submit your comment via email by 5:00 p.m. on the Tuesday before the meeting. All comments received after 5:00pm on the Tuesday before the meeting will be retained as part of the record and distributed to the Committee after the meeting. Please submit your comment to the Clerk of the Committee at [email protected]. To assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e., Executive Committee Agenda) and item number (i.e., Item No. 3).
You may participate through ZOOM. For ZOOM participation please join by computer audio at:
https://us02web.zoom.us/j/88454432469
OR the following phone number(s):
US: +1 669 900 6833 or +1 669 219 2599
Enter this Meeting ID number: 884 5443 2469 when prompted. Please note there is no Participant Code, you will just hit # again after the recording prompts you.
You will be placed in the meeting as an attendee; when you are ready to make a public comment if joined by computer audio please Raise your Hand; and by phone please push *9 on your keypad.
If you have anything that you wish to be distributed to the Committee please provide 15 copies and hand them to a member of CCCE staff or Heather Vowell, Committee Clerk, who will distribute the information to the Committee members and other staff.
The public may comment on a specific item listed on this agenda when the Committee considers that item. In addition, the members of the public may request and receive copies without undue delay of any documents that are distributed to the Committee, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Committee in advance of a meeting and that relate to an agenda item will be made available at CCCE’s offices located at 70 Garden Court, Suite 300, Monterey, CA 93940 during normal business hours and are also available on the CCCE website located at:
https://3cenergy.hylandcloud.com/203agendaonline
AGENDA
. Welcome & Roll Call
CONSENT AGENDA
1. Approve Minutes from the February 3, 2021 Meeting of the Executive Committee (Action Item)
2. Consider Finding, Pursuant to AB 361 and in order for the Executive Committee to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Executive Committee has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item)
CLOSED SESSION
3. Pursuant to Government Code section 54957(b), the Board will confer regarding performance evaluation for the Chief Executive Officer
Adjournment
Wednesday, February 3, 2021
10:30 AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
MINUTES
. The meeting was called to order at 10:31 am with 5 members attending via teleconference pursuant to Governor Newsom’s Executive Order N-29-20 and a quorum established.
Members Present via
teleconference:
Goldstein, Johnson, McPherson, Palacios, Vice Chair Williams (arrived at 10:33 am), Chair McShane
Members Absent: None
The Chair opened the public comment for items not on the agenda.
The following individual addressed the Committee:
Gine Johnson
The Chair closed the public comment period.
The Clerk announced that there were no corrections or additions to the agenda.
CONSENT AGENDA
The Chair opened the public comment period.
No public comment received.
The Chair closed the public comment period.
MOTION: Moved by Member McPherson, seconded by Vice Chair Williams to approve the Consent Agenda.
ACTION: The motion carried with a roll call vote:
AYES: Goldstein, Johnson, McPherson, Palacios, Vice Chair Williams, Chair McShane
NOES: None
ABSENT: None
1. Minutes Approved from the December 2, 2020 meeting of the Executive Committee as submitted 1 of 4
CLOSED SESSION
2. Closed Session under Government Code section 54950, relating to the following items:
a. Pursuant to Government Code section 54957(b), the Board will confer regarding performance evaluation for the Chief Executive Officer
Recessed for Closed Session at 10:36am
Executive Committee Member Reports & Comments (Information Only) Adjourned out of closed session at 11:55am
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Staff Report Item 2
TO: CCCE Executive Committee
FROM: Tom Habashi, Chief Executive Officer
SUBJECT: Consider Finding, Pursuant to AB 361 and in order for the Executive Committee to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Executive Committee of Directors has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item) DATE: January 21, 2022
RECOMMENDATION:
This recommends the Executive Committee (“Committee”) find, pursuant to AB 361 and for the Committee to continue meeting remotely, that the COVID-19 pandemic State of Emergency declared by Governor Newsom is still in effect; the Committee has considered the circumstances of the State of Emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies.
BACKGROUND:
On September 16, 2021, Governor Newsom signed AB 361. This legislation amends the Brown Act to allow Brown Act bodies 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 teleconference meetings.
DISCUSSION/ANALYSIS:
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 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. 3 of 4
The Monterey County Health Officer has recommended social distancing measures for meetings of legislative bodies. To continue meeting remotely, the Committee must make the findings outlined above.
Accordingly, staff recommends making the appropriate findings. This action will be required every 30 days to keep meeting remotely. A special meeting may be necessary for that purpose.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
CONCLUSION:
The Committee’s consideration and finding that the COVID-19 pandemic State of Emergency declared by Governor Newsom is still in effect; the Committee has reconsidered the circumstances of the State of Emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies will allow the Committee to continue meeting remotely under the procedures established by AB 361.
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