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HomeMy WebLinkAboutReso 185-2021 (21-805)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 185-2021 File Number: 21-805 Enactment Number: RES 185-2021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECLARING THE CONTINUING NEED FOR THE CITY COUNCIL AND ADVISORY BODIES TO BE ABLE TO MEET REMOTELY IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC AND MAKING RELATED FINDINGS. WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; WHEREAS, on March 11, 2020, the City Council adopted Resolution Number 35-2020 declaring a local emergency due to COVID-19; and WHEREAS, on May 13, 2020, the City Council adopted Resolution Number 57-2020 amending and updating a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB 361) (202 1) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions, including that the City Council makes specified findings; and City of South San Francisco Page 1 File Number: 21-805 Enactment Number: RES 185-2021 WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Councilmembers, and advisory body members in their respective meeting locations; and WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and advisory body meetings; and WHEREAS, on September 21, 2021, the City Council adopted Resolution No. 166-2021 making findings and declaring the need for the Council and advisory bodies to continue meeting remotely in order to ensure the health and safety of the public and authorizing remote teleconference meetings pursuant to Government Code section 54953(e); and WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and State or local officials continue to impose or recommend measures to promote social distancing; and WHEREAS, the City Council has considered the circumstances of the Governor's state of emergency proclamation pursuant to Government Code section 8625, which remains active; and WHEREAS, the Health Officer of the County of San Mateo continues to require all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces and maintain social distancing; and WHEREAS, the Centers for Disease Control and Prevention ("CDC") continues to recommend physical distancing of at least six feet (6') from others outside of the household; and WHEREAS, the circumstances described under Resolution No. 166-2021 continue to exist and the City continues to be concerned about the health and safety of all individuals who intend to attend Council and advisory body meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO RESOLVES AS FOLLOWS: 1. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings: a) The City Council has reconsidered the circumstances of the state of emergency; and b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City's advisory bodies, as well as staff and members of the public, from meeting safely in person; c) San Mateo County Health orders require all individuals in public spaces to maintain social City of South San Francisco Page 2 File Number. 21-805 Enactment Number: RES 185-2021 distancing; however the City cannot maintain social distancing requirements for the Councilmembers, advisory bodies, staff and public in the meeting spaces; and d) The City Council and advisory bodies continue to need to be able to meet remotely due to present imminent risks to the health or safety of attendees. 2. City Council and advisory body meetings may continue to be conducted remotely in compliance with AB 361, in order to better ensure the health and safety of the public. 3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution. At a meeting of the City Council on 10/27/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by Rosa Govea costa, City Clerk City of South San Francisco Page 3