Loading...
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