HomeMy WebLinkAboutReso 174-2022 (22-854)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 174-2022
File Number: 22-854 Enactment Number: RES 174-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTH SAN FRANCISCO DECLARING THE
CONTINUING NEED FOR THE CITY LEGISLATIVE
BODIES TO MEET REMOTELY 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; and
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 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) (202 1)
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
WHEREAS, since the passage of AB 361, the Delta and Omicron variants and sub -variants
have 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; and
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File Number: 22-854
Enactment Number. RES 174-2022
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 and the County Health Department's order are
effective through February 15, 2022; and
WHEREAS, the County Health Department continues to recommend indoor masking,
especially for gatherings that include the elderly, immunocompromised, or people who are not
vaccinated; 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 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 Omicron variant and sub -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, 2021, the City Council adopted an initial 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 thereafter has both utilized
a hybrid in-person/teleconference meeting model as well as reviewed and adopted additional resolutions
reconsidering the circumstances of the public health emergency and 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 again reconsidered the circumstances of the Governor's state
of emergency proclamation pursuant to Government Code section 8625, which remains active; and
WHEREAS, the circumstances described under Resolutions No. 166-2021 and subsequent
resolutions 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 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
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File Number: 22-854
Enactment Number: RES 174-2022
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; and
c) 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.
3. City Council and City's legislative body meetings may continue to be conducted remotely in
compliance with AB 361, 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 10/12/2022, a motion was made by Vice Mayor Nicolas,
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 �im I �i�
sa Govea Acosta, City Clerk
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