Reso 1629 12/2022RESOLUTION NO. 1629
A RESOLUTION OF THE VALLECITOS BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT AUTHORIZING USE OF ELECTRONIC
SIGNATURES AND AUTHORIZING ELECTRONIC SUBMISSION AND ELECTRONIC
SIGNATURES FOR GOVERNMENT CLAIMS ACT PURPOSES
WHEREAS, Vallecitos Water District ("District") is a county water District
established and organized pursuant to California Water Code § 30000 et seq.; and
WHEREAS, the use of electronic signatures is allowed by California's Uniform
Electronic Transactions Act (Civ. Code, §§ 1633.1 et seq.) and Government Code section
16.5 in the place of wet -ink signatures for official public agency documents, with limited
exceptions; and
WHEREAS, the use of electronic signatures will reduce in-person contact, allow
for social distancing, and decrease the risk of COVID-19 spread while maintaining
efficient District function; and
WHEREAS, the use of electronic signatures is also in the public interest as it will
reduce the unnecessary use of paper and ink, streamline document review, and reduce
the inefficient transfer of physical documents; and
WHEREAS, effective January 1, 2020, Senate Bill 1473 amended California's
Government Claims Act (Government Code section 810 et seq.) allowing public agencies
to accept, and set the manner of acceptance of, electronic presentation and service of
government claims, amendments, or applications for leave to file a late claim, and to send
notices in response to those claims, amendments, or applications to the claimant or
applicant, if the public entity expressly authorizes such services by resolution or
ordinance; and
WHEREAS, this Resolution is categorically exempt from the California
Environmental Quality Act ("CEQA") pursuant to the "common sense" exemption, CEQA
Guideline section 15061, because it can be seen with certainty that there is no possibility
of an adverse environmental effect.
NOW THEREFORE BE IT RESOLVED as follows:
Section 1. Adoption of Policy.
The Board of Directors hereby adopts the Electronic Signature Use Policy attached
hereto as Attachment 1.
Resolution No. 1629 Page 2
Section 2. Authorization for Electronic Presentation of Claims, Amendments to
Claims, and Applications for Leave to Present a Late Claim Under the Government
Claims Act.
a. Pursuant to Government Code section 915(a)(3), the District hereby
authorizes presentation of a claim, amendments to a claim, or application
for leave to present a late claim under the Government Claims Act by
electronic submission through a designated District webpage or dedicated
e-mail address, in accordance with this Section 2 and all publicly posted
instructions on the District's webpage. The General Manager is authorized
to provide uniform instructions for the filing of claims electronically that are
not in conflict with the Government Claims Act or this Resolution.
b. Electronic signatures on presentations of a claim shall be made by using
the electronic signature system on the District's designated webpage form
or by signing the actual printed form and submitting it electronically through
the District's designated e-mail address identified in publicly posted
instructions on the District's webpage. Electronic signatures on
amendments to a claim or application for leave to present a late claim shall
be made by signing the actual printed document and submitting it
electronically through the District's designated e-mail address identified in
publicly posted instructions on the District's webpage.
C. If a claim, amendment to a claim, or application for leave to present a late
claim is submitted electronically, or if any other notice under the California
Government Claims Act is given electronically, proof of electronic service
may be made in a manner prescribed by Section 1013b of the Code of Civil
Procedure, and proof of electronic service may be signed as provided in
subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6 of
the Code of Civil Procedure. (Government Code section 915.2(d).)
d. If a claim, amendment, or application under the Government Claims Act is
submitted electronically, the District may give corresponding notices
provided for in Government Code sections 910.8, 911.8, and 913 by
sending the notice to the electronic address from which the claim or
application was received unless the person presenting the claim or making
the application requests notice to be sent to an alternative electronic
address. (Government Code section 915.4.)
e. Electronic signatures on District notices provided for in Government Code
sections 910.8, 911.8, and 913 shall be made in any manner authorized
under the District's Electronic Signature Use Policy attached hereto as
Attachment 1.
Section 3. Effective Date.
This Resolution shall take effect immediately upon its adoption.
Resolution No. 1629 Page 3
Section 4. Severability.
If any provision of this Resolution or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications
of the Resolution that can be given effect without the invalid provision or application, and
to this end the provisions of this resolution are severable. The Board of Directors hereby
declares that it would have adopted this Resolution irrespective of the invalidity of any
particular portion hereof.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos
Water District at a meeting held on this 14th day of December, 2022, by the following roll
call vote:
AYES: BOYD-HODGSON, ELITHARP, HERNANDEZ, PENNOCK
NOES:
ABSTAIN:
ABSENT:
f � -
4E�Iry� Elitharp, Presilht
bard of Directors
Vallecitos Water District
ATTEST:
Glenn Pruim, Secretary
Board of Directors
Vallecitos Water District