HomeMy WebLinkAboutReso 06-2022 (22-18)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 06-2022
File Number: 22-18 Enactment Number: RES 06-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTH SAN FRANCISCO DECLARING THE
CONTINUING NEED FOR THE CITY LEGISLATIVE
BODIES 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 No. 35-2020 declaring
a local emergency due to COVID-19; and
WHEREAS, on May 13, 2020, the City Council adopted Resolution No. 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 and legislative body 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)
(2021) which allows for local legislative bodies to continue to conduct meetings via teleconferencing
under specified conditions, including that the City Council makes specified findings; and
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File Number: 22-18
Enactment Number: RES 06-2022
WHEREAS, since the passage of AB 361, the Omicron variant has spread across the Bay
Area, the state and nationwide, causing an additional spike in COVID-19 cases and creating significantly
higher risks of infection and hospitalization;
WHEREAS, in response to the fast -spreading Omicron variant, the California Department of
Public Health issued an order on December 15, 2021 requiring everyone in the state to wear masks in
indoor public spaces and workplaces, which order was extended on January 5, 2022; and
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 and Omicron variants, 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 and October 27, 2021, the City Council adopted Resolutions
Nos. 166-2021 and 185-2021 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 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 State and the Health Officer of the County of San Mateo continue to require
all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; 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 Resolutions Nos. 166-2021 and 185-2021
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; and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB
361 (202 1) for holding teleconferenced meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO RESOLVES AS FOLLOWS:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. 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:
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File Number- 22-18
Enactment Number. RES 06-2022
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) The State and the Health Officer of the County of San Mateo continue to require all
individuals, regardless of vaccination status, to wear a mask while indoors in public spaces,
and the CDC continues to recommend physical distancing of at least six feet (6') from others
outside of the household; 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.
City Council and City's legislative 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.
4. 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 1/12/2022, a motion was made by Councilmember Coleman,
seconded by Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Nagales, Vice Mayor Nicolas, Councilmember Coleman, Councilmember
Flores, and Councilmember Addiego
Attest by )00 4 za_
osa Govea Acosta, City Clerk
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