Reso 2021-951 RESOLUTION NO. 2021-951
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT RECOGNIZING STATE OF EMERGENCY EXISTS,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY
GOVERNORS' ORDER NO 25-20, AND MAKING FINDINGS AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE
COSTA MESA SANITARY DISTRICT FOR THE PERIOD DECEMBER 28, 2021
THROUGH JANUARY 31, 2022 PURSUANT TO BROWN ACT PROVISIONS.
WHEREAS, the Costa Mesa Sanitary District is committed to preserving and
nurturing public access and participation in meetings of the Board of Directors; and
WHEREAS, all meetings of the Costa Mesa Sanitary District's legislative bodies 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 watch the District's 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, a required condition 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 jurisdictions that
are within the District's boundaries, caused by natural, technological, or human-caused
disasters; and
WHEREAS, it is further required that state or local officials have imposed or
recommended measures to promote social distancing, or, the legislative body meeting in
person would present imminent risk to the health and safety of attendees; and
WHEREAS, such conditions now exist in the District, specifically, a state of
emergency remains active pursuant to the Governor's Executive Order N-25-20; and
WHEREAS, the Board of Directors continues to recommend social distancing asa
method of addressing the COVID pandemic; and
WHEREAS, the Board of Directors also finds that meeting in person would present
an imminent risk to the health and safety of attendees; and
WHEREAS, the Board of Directors does hereby find that COVID 19 and the
variants
thereof has caused, and will continue to cause, conditions of peril to the safety
of persons within the District that are likely to be beyond the control of services, personnel,
equipment, and facilities of the District, and desires to proclaim a local emergency and
ratify the proclamation of state of emergency by the Governor of the State of California;
and
WHEREAS, as a consequence of the local emergency,the Board of Directors does
hereby find that the legislative bodies of the Costa Mesa Sanitary District shall conduct
their meetings without compliance with paragraph (3) of subdivision (b) of Government
Code section 54953, as authorized by subdivision (e) of section 54953, and that such
legislative bodies shall comply with the requirements to provide the public with access to
the meetings as prescribed in paragraph (2)of subdivision (e)of section 54953;and
WHEREAS, the District will continue to rovide agendasnotices p g and of ces to assure the
public's participation,will allow remote call-in or internet access, and will otherwise comply
with AB 361.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated
into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The Board hereby proclaims that a local
emergency now exists throughout the District and would be exacerbated by fully live
meetings of the legislative bodies.
Section 3. Ratification of Governor's Proclamation of a State of Emergency. The Board
hereby ratifies the Governor of the State of California's Proclamation of State of
Emergency, effective as of its issuance date of March 4, 2021.
Section 4. Remote Teleconference Meetings. The General Manager and District Clerk
and legislative bodies of the Costa Mesa Sanitary District are 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 in accordance with Government Code
section 54953 (e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon
its adoption and shall be effective until the earlier of January 31, 2022, or such time the
Board of Directors adopts a subsequent resolution in accordance with Government Code
section 54953 (e)(3) to extend the time during which the legislative bodies of the Costa
Mesa Sanitary District may continue to teleconference without compliance with paragraph
(3) of subdivision (b) of section 54953.
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Section 6. Hybrid meetings allowed. To the extent the General Manager determines that
a hybrid meeting, in which some or all of the meeting is conducted remotely, will be
sufficient to protect the public health, that discretion is vested in the General Manager
provided the public access and other requirements of AB 361 are observed.
PASSED and ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District, this 20th day of December 2021.
,--A.M611L \-1,-1()1(
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2021-951, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held on the
20th day of December 2021, by the following vote:
AYES: Ooten, Scheafer, Schafer, Perry, Eckles
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 20th day of December 2021.
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