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January 11, 2022
ITEM TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF CHULA VISTA FOR THE PERIOD OF JANUARY 12, 2022 THROUGH JANUARY 22, 2022 PURSUANT TO THE BROWN ACT
Report Number: 22-0046
Location: No specific geographic location
Department: City Attorney, City Clerk, and City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Approve the Resolution to authorize remote teleconferencing meetings of the legislative bodies of the City of Chula Vista for the period of January 12, 2022 through January 21, 2022 pursuant to the Brown Act.
SUMMARY
Starting in fall of 2021, the City Council and its commissions, committees, and boards resumed in person meetings after having met remotely for a period of time via an Executive Order issued by Governor Newsom as a result of the COVID-19 pandemic. The City now is faced with rising rates of COVID-19 transmission with the highly contagious Omicron Variant, and a return to remote meetings is once agai n necessary to protect the health and safety of the public, City employees, and the Mayor and Councilmembers during th e peak period of transmission. The proposed resolution authorizes all legislative bodies of the City of Chula Vista to meet remotely in accordance with applicable law from January 12, 2022 through January 21, 2022 as a result of the COVID-19 pandemic.
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ENVIRONMENTAL REVIEW
The proposed Resolution has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On January 31, 2020, the United States Secretary of Health and Human Services declared a health emergency as a result of the COVID-19 virus. Shortly thereafter, on February 14, 2020, the County of San Diego declared a public health emergency, and on March 4, 2020 the Governor of the State of California issued a proclamation declaring a state of emergency throughout the state because of the threat to public safety as a result of the COVID-19 virus. On March 19, 2020, the City of Chula Vista Director of Emergency Services issued a proclamation declaring a local emergency, which was adopted and ratified by the Chula Vista City Council on March 17, 2020.
Since March 2020, there have been numerous state, county, and local emergency orders issued in an effort to curtail the spread of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order No. N-29- 20, which suspended the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic, on the condition that certain notice and accessibility requirements were met, that members of the public would be allowed to observe and address the legislative body at the meeting, and that the legislative body of the local agency had a procedure for receiving and quickly resolving requests for reasonable accommodation for persons with disabilities. Pursuant to Executive Order N-29-20, the City Council, and City boards, commissions, and committees followed applicable requirements and met by remote teleconferencing while preserving and nurturing public. On June 11, 2021, Governor Newsom issued Executive Order N-08-21 to roll back or amend certain provisions of previous executive orders, including certain waivers and requirements related to public meetings of local legislative bodies; the terms of such order were valid through September 30, 2021.
Shortly before the expiration of the provisions of N-08-21, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, which took effect immediately and amended the Brown Act, including Government Code section 54953 to allow local legislative bodies to meet by teleconference during a state of emergency proclaimed by the Governor if the local legislative body determined, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
As of this date, a new strain of COVID-19, known as SARS-CoV-2 Omicron Variant, which is more contagious than previous strains, has been identified in the County of San Diego and the City of Chula Vista. The Omicron Variant is highly transmissible in indoor settings, and breakthrough cases are increasingly P a g e | 3
common among vaccinated individuals. Hospitalizations associated with COVID-19 have substantially increased, more than doubling from the week of December 19, 2021 to the week of December 26, 2021. On January 5, 2022, the California Department of Public Health updated guidance for the use of face coverings, extending the requirement that masks be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022. Based on the most recent information, updated January 5, 2022, from the Epidemiology and Immunization Services Branch of the County of San Diego County Health and Human Services Branch Agency, the City of Chula Vista’s case rate for the week of December 19, 2021 was 73.1 per 100,000 persons, up from a rate of 33 per 100,000 persons the week of December 18, 2021. As a result, the City in presently considered to have a rate of transmission within the highest “red” level category.
Projections regarding the rate of transmission of the current Omicron Variant suggest that the peak of infections will occur in the coming week and subside by January 21, 2022.
The resolution associated with this item would make the necessary findings under Government Code section 54953(e)(1)(B) and authorizes the City Council and all City boards, commissions, and committees to meet by remote teleconferencing according to the requirements of applicable law from January 12, 2022 through January 21, 2022. If there is further need to continue to meet by remote teleconference after January 21, 2022 as a result of the threat to public health or safety, City Council can make further findings in accordance with applicable law to continue to meet by remote teleconferencing.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject resolution is unlikely to contribute in any significant way to such current-year fiscal impacts.
ONGOING FISCAL IMPACT
The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject resolution is unlikely to contribute in any significant way to such ongoing fiscal impacts.
ATTACHMENTS
1. Attachment A: Resolution
Staff Contact: Maria V. Kachadoorian; Kerry Bigelow; Megan McClurg