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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. it 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. ItA 4 C erk of thT-vst.�rj esa Sar District