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Home My WebLink About2021-10-21 - Board of Directors Meeting Agenda PacketAGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Thursday, October 21, 2021, 11:15 AM 1717 E Miraloma Ave, Placentia CA 92870 1.PARTICIPATION INSTRUCTIONS Due to the continuing state of emergency declared by the California Governor related to preventing the spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e), this meeting will be facilitated in a hybrid format. As such, Directors and members of the public may choose to participate in person or by video/teleconference. Information for accessing this meeting by telephone or internet-based service is provided below. For questions regarding participation, please call the Board Secretary at 714-701-3020. Computer/Mobile Device: https://zoom.us/j/82546159566 Telephone: 669-900-6833 or 346-248-7799 Meeting ID: 825 4615 9566 2.CALL TO ORDER 3.PLEDGE OF ALLEGIANCE 4.ROLL CALL Phil Hawkins, President J. Wayne Miller, PhD, Vice President Trudi DesRoches, Director Brooke Jones, Director Tom Lindsey, Director 5.PUBLIC COMMENTS Any individual wishing to address the Board or Committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to three minutes and must be related to matters of public interest within the jurisdiction of the Water District. (GC 54954.3) 6.ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board or Committee discussions are needed prior to formal action. 6.1.Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors adopt Resolution No. 2021-XX finding and determining that: (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; (3) due to the COVID- 19 emergency, meeting in person would present imminent risks to the health and safety of attendees; and (4) continued remote meetings are hereby authorized for the period October 21, 2021 through November 20, 2021 pursuant to California Government Code Section 54953(e). Page 1 of 6 7.CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 7.1.Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: APNs 326-021-49 and 50 Agency Negotiators: Brett R. Barbre, General Manager Negotiating Parties: Hilltop 3 Development LLC Under Negotiation: Price and Terms of Payment 8.ADJOURNMENT 8.1.The next regular Board meeting has been rescheduled to Wednesday, November 17, 2021. Closed Session (if necessary) will begin at 5:30 p.m. and regular business at 6:30 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s website at https://ylwd.com/. (GC 54957.5) Accommodations for the Disabled Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 2 of 6 ITEM NO. 6.1. AGENDA REPORT MEETING DATE:October 21, 2021 TO:Board of Directors FROM:Brett R. Barbre, General Manager STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT:Continuation of Virtual/Teleconference Board Meetings RECOMMENDATION: That the Board of Directors adopt Resolution No. 2021-XX finding and determining that: (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees; and (4) continued remote meetings are hereby authorized for the period October 21, 2021, through November 20, 2021, pursuant to California Government Code Section 54953(e). SUMMARY: Governor Newsom signed into law AB 361 which amends the Brown Act to allow the Board to continue to meet remotely during declared emergencies proclaimed by the Governor due to COVID-19 under certain conditions: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the Board determines or has determined as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. BACKGROUND: In order to continue holding Board meetings remotely and by virtual/teleconference as has been previously occurring, the Board will need to make a determination that as a result of the ongoing COVID-19 emergency, meeting in person would present imminent risks to the health and safety of the attendees. The Orange County Health Care Agency, which is responsible for health orders in Orange County, has provided recommendations for social distancing and masking for indoor events. Additionally, the COVID-19 virus, especially the Delta variant, continues to spread throughout the Orange County community. The Center for Disease Control and Prevention indicates that the Delta variant is highly contagious and continues to recommend wearing masks in public and in indoor settings. For these reasons, staff recommends that the District continue to hold Board meetings remotely by virtual/teleconference for the next 30 days. Page 3 of 6 AB 361 also adds new procedures and clarifies the requirements for conducting remote meetings, including the following: 1. Public agencies may not require public comments to be submitted in advance. 2. In the event of a technical disruption, the public agency cannot take any further action on the agenda until the technical issue is resolved. 3. Beginning 30 days after the first meeting, the legislative body must reconsider the continuing need for virtual meetings every 30 days. The legislative body must find each time that it 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 safely in person or state and local officials continue to impose or recommend measures to promote social distancing. If a majority of the members of a legislative body do not adopt these findings, then traditional Brown Act provisions for teleconferencing will apply. Should the Board vote to implement the provisions of AB 361, these requirements will apply: 1. Notices and agenda requirements remain the same under the Brown Act. 2. No physical location is required for public attendance or public comment. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear on the posted notices or agenda. 3. Teleconference meetings must protect the statutory and constitutional rights of the parties and the public. 4. If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed. 5. Legislative bodies may allow public comments to be submitted prior to a meeting, but must also allow the public to participate in real-time through call-in or internet-based service. 6. If an internet-based service requires registration through a third party, individuals can be required to register with the third party to participate in the meeting. 7. When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third party host, if applicable. ATTACHMENTS: 1.Resolution No. 2021-XX - Continuation of Virtual/Teleconference Meetings Page 4 of 6 Resolution No. 2021-XX Authorizing Virtual Board Meetings Pursuant to AB 361 1 RESOLUTION NO. 2021-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT RELYING ON THE CALIFORNIA GOVERNOR’S PROCLAMATION OF A STATE OF EMERGENCY ON MARCH 4, 2020, AND AUTHORIZING VIRTUAL BOARD MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS,the Yorba Linda Water District (“District”) is committed to preserving public access and participation in meetings of the Board of Directors. WHEREAS,all meetings of the District’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code Sections 54950-54963), so that any member of the public may attend and participate in the District’s meetings. 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. WHEREAS,among other things, these orders waived certain requirements of the Brown Act to allow legislative bodies to meet virtually. 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, Board members, and District staff. WHEREAS,the Governor’s executive orders related to the suspension of certain provisions of the Brown Act expired on September 30, 2021. WHEREAS,on September 16, 2021, the Governor signed Assembly Bill 361, Government Code Section 54953(e), which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, 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. WHEREAS,such conditions now exist in the District, specifically, a state of emergency has been proclaimed related to COVID-19 by the Governor of California as of March 4, 2020, local officials continue to recommend 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. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Page 5 of 6 Resolution No. 2021-XX Authorizing Virtual Board Meetings Pursuant to AB 361 2 SECTION 1.Remote Teleconference Meetings: Consistent with the provisions of Government Code Section 54953(e), the Board of Directors finds and determines that: (1) a state of emergency related to COVID-19 is currently in effect; (2) state and/or local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the health and safety of attendees, and, based on the foregoing facts, findings, and determinations, the Board authorizes staff to conduct remote teleconference meetings of the Board of Directors, including Committee meetings, per the provisions of Government Code Section 54953(e). SECTION 2.Effective Date of Resolution: This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Board of Directors. PASSED AND ADOPTED this 21st day of October 2021 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Phil Hawkins, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Page 6 of 6