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HomeMy WebLinkAbout09-27-21 Board Packet 1 OTAY WATER DISTRICT SPECIAL MEETING OF THE BOARD OF DIRECTORS BY TELECONFERENCE 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA MONDAY September 27, 2021 1:00 P.M. AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA This meeting is being held via teleconference. Members of the public may submit their comments on agendized and non-agendized items by either of the following two methods: a) No later than a half hour before the start of the meeting, complete and submit a Request to Speak Form. Your request to speak will be acknowledged during the “Public Participation” portion of the meeting when the board will hear your public comment. When called to speak, please state your Name and the City in which you reside. You will be provided three minutes to speak. OR b) No later than a half hour before the start of the meeting, email your comment to BoardSecretary@otaywater.gov and it will be read aloud during the “Public Participation” portion of the meeting. Please provide your Name and the City in which you reside, with your comment. Your comment must not take more than three minutes to read. The District’s meeting is live streamed. Information on how to watch and listen to the District’s meeting can be found at this link: https://otaywater.gov/board-of- directors/agenda-and-minutes/board-agenda/ 2 ACTION ITEM 5. BOARD a) ADOPT RESOLUTION NO. 4401 OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AUTHORIZING REMOTE TELECONFERENCE BOARD AND COMMITTEE MEETINGS PURSUANT TO THE RALPH M. BROWN ACT (MARTINEZ) 6. ADJOURNMENT All items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the District’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available by contacting the District Secretary at (619) 670-2253. If you have any disability which would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at 670-2253 at least 24 hours prior to the meeting. Certification of Posting I certify that on September 24, 2021, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the special meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on September 24, 2021. /s/ Tita Ramos-Krogman, District Secretary RESOLUTION NO. 4401 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AUTHORIZING REMOTE TELECONFERENCE BOARD AND COMMITTEE MEETINGS PURSUANT TO THE RALPH M. BROWN ACT. WHEREAS, the Otay Water District (“District”) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and WHEREAS, all meetings of the 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, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of Executive Orders aimed at containing the COVID-19 virus; and WHEREAS, among other things, these Orders waived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and WHEREAS, pursuant to the Governor’s Executive Orders, the District has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, District staff and Directors; and WHEREAS, the Governor’s Executive Order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and WHEREAS, on September 16, 2021, the Governor signed AB 361 (in effect as of October 1, 2021 –Government Code § 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the District, specifically, a state of emergency has been proclaimed related to COVID-19, San Diego County officials are imposing and recommending measures to promote social distancing and, because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees. AGENDA ITEM 5a NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE OTAY WATER 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. Remote Teleconference Meetings. Consistent with the provisions of Government Code §54953(e), the Board of Directors finds and determines that (1) a state of emergency related to COVID-19 is currently in effect; (2) local officials in San Diego County have imposed or recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings, and determinations, the Board authorizes staff to conduct remote teleconference meetings of the Board of Directors, including Committee meetings, under the provisions of Government Code § 54953(e). Section 3. Effective Date of Resolution. This Resolution shall take effect October 1, 2021 and shall be effective for 30 days or until this Resolution is extended by a majority vote of the Board of Directors in accordance with Section 4 of this Resolution. Section 4. Extension by Motion. The Board of Directors may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3). PASSED AND ADOPTED by the Board of Directors of the Otay Water District at a Special Meeting held this 27th day of September 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ President ATTEST: _____________________________ District Secretary