HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES EXTENDING THE DECLARATION OF LOCAL EMERGENCY BY 30 DAYS TO APRIL 1, 2022 WHEREAS, Section 3-106(1) of the Hercules Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Hercules, due to the introduction of coronavirus disease 2019 (COVID-19), commencing on or about March 3, 2020, at which time the City Council of the City of Hercules was not in session; and WHEREAS, the City Manager acting as the Director of Emergency Services proclaimed the existence of a local emergency within the City on the 15th day of March 2020; and WHEREAS, on the 20th of March 2020, the City Council adopted Resolution No. 20-015 which ratified and confirmed the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to July 11, 2020, at a regular meeting held on May 12, 2020; and WHEREAS, Contra Costa County extended the Shelter in Place/Stay Home Health Order on June 17, 2020, and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to September 9, 2020, at a regular meeting held on June 23, 2020; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to November 7, 2020, at a regular meeting held on September 8, 2020; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to January 6, 2021, at a regular meeting held on November 8, 2020; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to March 7, 2021, at a regular meeting held on December 8, 2020; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to May 6, 2021, at a regular meeting held on February 23, 2021; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to July 5, 2021, at a regular meeting held on April 27, 2021; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to September 3, 2021, at a regular meeting held on July 13, 2021; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to November 2, 2021, at a regular meeting held on August 10, 2021; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to December 2, 2021 at a regular meeting held on October 26, 2021; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to January 1, 2022 at a regular meeting held on December 14, 2022; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to January 31, 2022 at a regular meeting held on December 14, 2022; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to March 2, 2022 at a regular meeting held on January 25, 2022; and WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to April 1, 2022 at a regular meeting held on February 22, 2022; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act; and WHEREAS, as the Delta and Omicron variants have surged in California the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards; and WHEREAS, AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state of local officials have imposed or recommended measures to promote social distancing.
The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The legislative body holds a meeting during a proclaimed state of emergency and has 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the state of emergency continues to directly impact the ability of members to meet safely in person and further determines that State or local officials continue to recommend social distancing measures, so that the Declaration of Local Emergency is hereby extended by 30 days to May 1, 2022.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist for this period unless terminated earlier by the City Council of the City of Hercules.
The foregoing Resolution was duly and regularly adopted at a special emergency meeting of the City Council of the City of Hercules held on the 22nd day of March 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, CMC
City Clerk
Resolution 22-