ACTION:
____________________________
Clerk/Secretary
00104907 1
Department: City Attorney Item No:
Prepared by: Darold Pieper, City Attorney Meeting Date: February 8, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: AUTHORIZE REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL, THE
COMMUNITY DEVELOPMENT COMMISSION, THE BUENA SANITATION DISTRICT AND THEIR SUBSIDIARY BODIES PURSUANT TO THE RALPH M. BROWN ACT RECOMMENDATION: Approve the Joint Resolution of the City Council of the Chartered City of Vista, California, the Buena Sanitation District, and the Community Development Commission of the City of Vista Authorizing Remote Teleconference Meetings of the City Council and Governing Boards Pursuant to the Ralph M. Brown Act.
CORRELATION TO CITY COUNCIL GOALS: Public Safety.
PRIOR ACTION: On January 11, 2022, adopted City Council Resolution No. 2021-210, Buena Sanitation District Resolution No. 2021-24, Community Development Commission Resolution No. 2021-2, authorizing the various governing bodies to meet by teleconference through and including February 10, 2022 (Vote: 5-0).
On December 14, 2021, adopted City Council Resolution No. 2021-210, Buena Sanitation District Resolution No. 2021-24, Community Development Commission Resolution No. 2021-2, authorizing the various governing bodies to meet by teleconference through and including January 13, 2022 (Vote: 5-0).
STATEMENT ON THE SUBJECT: Due to the rise in COVID-19 infections, on December 13, 2021, the California Department of Public Health (CDPH) announced that it was requiring masks to be worn in all indoor public settings, irrespective of vaccine status, for at least the next four weeks (December 15, 2021, through January 15, 2022; this mandate has since been extended through February 15, 2022). As a result, on December 14, 2021, the governing bodies of the City Council, the Buena Sanitation District, and the Community Development Commission passed a joint resolution authorizing the use of teleconferenced meetings.
Since the governing bodies of the City Council, the Buena Sanitation District, and the Community Development Commission passed their initial and subsequent joint resolutions, there has been a substantial increase in COVID-19 infections due to the Omicron variant. The CDPH stated that the Omicron variant, a Variant of Concern as labeled by the World Health Organization, has been detected across California, the United States, and the world and is likely to spread more easily than the original SARS-CoV-2 virus and the Delta variant. It also stated that since Thanksgiving, the statewide seven-day average case rate has increased by 47 percent and hospitalizations have increased by 14 percent. As of AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-10; 2) Community Development Commission Resolution No. 2022- 2; and 3) Buena Sanitation District Resolution No. 2022-2. Vote: 5-0
MEETING DATE: February 8, 2022 PAGE 2
SUBJECT: TELECONFERENCED MEETINGS OF CITY COUNCIL ET. AL. 00104907 1
January 14, 2022, there are an average of 86,929 daily cases in California, up from 15,806 daily average cases as of January 3, 2022.
This substantial increase in infection rates is not likely to abate before February 10, 2022, the date the prior resolution authorizing teleconferenced meetings expires. Accordingly, the large increase in the COVID-19 infection rate, the requirement and/or guidance for all persons to wear masks regardless of vaccination status, and the requirement/guidance to socially distance may directly impact the ability of the members of the governing bodies of the City Council, the Buena Sanitation District and the Community Development Commission, their subsidiary bodies, and the public to meet safely in person.
As a result, there may be a need for the governing bodies and subsidiary bodies to meet by teleconferencing meetings. If the governing bodies wish to meet by teleconferenced meetings, in order to meet the legal requirements of the Ralph M. Brown Act, it must find and pass a resolution that either (1) state or local officials have imposed or recommended measures to promote social distancing, and/or (2) the local public agency has determined that, as a result of the state of emergency, meeting in person presents imminent risks to the health or safety of attendee.
FISCAL IMPACT: None.
EXHIBITS:
1.A Joint Resolution of the City Council of the Chartered City of Vista, California, the Buena Sanitation District, and the Community Development Commission of the City of Vista Authorizing Remote Teleconference Meetings of the City Council and Governing Boards Pursuant to the Ralph M. Brown Act
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00104908 1
CC RESOLUTION NO. 2022-
BSD RESOLUTION NO. 2022-
CDC RESOLUTION NO. 2022-
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY
OF VISTA, CALIFORNIA, THE BUENA SANITATION DISTRICT, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF VISTA
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY
COUNCIL AND GOVERNING BOARDS PURSUANT TO THE
RALPH M. BROWN ACT
The City Council of the City of Vista, the Buena Sanitation District, and the Community Development Commission of the City of Vista do resolve as follows:
1.Findings. The City Council of the City of Vista, the Buena Sanitation District, and the Community Development Commission of the City of Vista (collectively, “Governing Bodies”) hereby find and declare the following:
A.Government Code Section 54953 of the Ralph M. Brown Act was amended by AB 361 on an urgency basis to permit continued agency public meetings by teleconference on and after October 1, 2021, subject to the following findings:
(1)The Governor issued a Proclamation of State of Emergency on March 4, 2020, pursuant to section 8625 of the California Emergency Services Act, and that Proclamation has not been terminated as required by section 8629 of that Act. (2)The federal Center for Disease Control and Prevention continues to urge residents to stay at least six feet away from other.
(3)On December 13, 2021, the California Department of Public Health (CDPH) announced that it is requiring masks to be worn in all indoor public settings, irrespective of vaccine status, for at least the next four weeks (December 15, 2021 through January 15, 2022). This requirement has since been extended through February 15, 2022. (4)The CDPH stated that the Omicron variant, a Variant of Concern as labeled by the World Health Organization, is detected across California, the United States, and the world and is likely to spread more easily than the original SARS-CoV-2 virus and the Delta variant. It also stated that since Thanksgiving, the statewide seven-day average case rate has increased by 47% and hospitalizations have increased by 14%. As of January 14, 2022, there are an average of 86,929 daily cases in California, up from 15,806 daily average cases as of January 3, 2022.
(5)The Governing Bodies have considered the circumstances of the state of emergency and the most recent state requirements and advice and determined that it is possible that before the next regularly scheduled meetings of the Governing Bodies or one of their subsidiary bodies it may no longer be possible to conduct in-person meetings safely or in accordance with state or local requirements.
(6)The state of emergency may directly impact the ability of the members of the Governing Bodies, their subsidiary bodies, and the public to meet safely in person. 02/08/2022 C3 3 of 4EXHIBIT 1
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00104908 100104908.DOCX
B. There may be a need for the Governing Bodies or subsidiary bodies of the Governing Bodies to meet by teleconferencing meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953.
2. Action.
A. The Governing Bodies jointly and severally direct that any Governing Body meetings or meetings of subsidiary bodies of the Governing Bodies held within the next 30 calendar days may be held by teleconferencing in compliance with section 54953(e) of the Ralph M. Brown Act.
B. The determination of whether to meeting by teleconferencing or in person shall be made by the presiding officer of the Governing Bodies in consultation with the City Manager and the City Attorney.
C. This Resolution shall be effective immediately and remain in effect through March 10, 2022, or until such time the Governing Bodies adopt a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which these legislative bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista, the Buena Sanitation District, and the Community Development Commission of the City of Vista held on February 8, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY, DISTRICT
COUNSEL, COMMISSION COUNSEL
By:
APPROVED
Darold Pieper
20220114125929
JUDY RITTER, MAYOR OF THE CITY OF
VISTA, CHAIR OF THE BUENA SANITATION
DISTRICT, AND CHAIR OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF
VISTA
ATTEST:
KATHY VALDEZ, CITY CLERK, CLERK OF THE
BOARD, COMMISSION SECRETARY
By:
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