APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________
ADOPT A RESOLUTION RENEWING AND CONTINUING THE CITY
COUNCIL'S DETERMINATION THAT CONDUCTING IN-PERSON
MEETINGS OF THE CITY COUNCIL AND ITS COMMITTEES WOULD
PRESENT IMMINENT RISKS TO ATTENDEES’ HEALTH, AND
ELECTING TO CONTINUE CONDUCTING MEETINGS USING
TELECONFERENCING IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 54953(e), A PROVISION OF AB-361.
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency related to COVID-19, pursuant to Government Code Section 8625, and such declaration has not been lifted or rescinded. See https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20- Coronavirus-SOE-Proclamation.pdf; and
WHEREAS, on March 9, 2020, the City Administrator in their capacity as the Director of the Emergency Operations Center (EOC), issued a proclamation of local emergency due to the spread of COVID-19 in Oakland, and on March 12, 2020, the City Council passed Resolution No. 88075 C.M.S. ratifying the proclamation of local emergency pursuant to Oakland Municipal Code (O.M.C.) section 8.50.050(C); and
WHEREAS, City Council Resolution No. 88075 C.M.S. remains in full force and effect to date; and
WHEREAS, the Centers for Disease Control (CDC) recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated or who are at higher risk of getting very sick from COVID-19. See https://www.cdc.gov/coronavirus/2019- ncov/prevent-getting-sick/prevention.html; and
WHEREAS, the CDC recommends that people who live with unvaccinated people avoid activities that make physical distancing hard. See https://www.cdc.gov/coronavirus/2019- ncov/your-health/about-covid-19/caring-for-children/families.html; and
WHEREAS, the CDC recommends that older adults limit in-person interactions as much as possible, particularly when indoors. See https://www.cdc.gov/aging/covid19/covid19-older- adults.html; and
WHEREAS, the CDC, the California Department of Public Health, and the Alameda County Public Health Department all recommend that people experiencing COVID-19 symptoms stay home. See https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps- when-sick.html; and
WHEREAS, persons without symptoms may be able to spread the COVID-19 virus. See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html; and
WHEREAS, fully vaccinated persons who become infected with the COVID-19 Delta variant can spread the virus to others. See https://www.cdc.gov/coronavirus/2019- ncov/vaccines/fully-vaccinated.html; and
WHEREAS, the City’s public-meeting facilities are indoor facilities that do not ensure circulation of fresh / outdoor air, particularly during periods of cold and/or rainy weather, and were not designed to ensure that attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members to come to City facilities to participate in local government, and some of them would be at high risk of getting very sick from COVID-19 and/or would live with someone who is at high risk; and
WHEREAS, in-person meetings would tempt community members who are experiencing COVID-19 symptoms to leave their homes in order to come to City facilities and participate in local government; and
WHEREAS, attendees would use ride-share services and/or public transit to travel to in- person meetings, thereby putting them in close and prolonged contact with additional people outside of their households; and
WHEREAS, on October 5, 2021, the City Council adopted Resolution No. 88727 C.M.S. determining that conducting in-person meetings would present imminent risks to attendees’ health, and electing to continue conducting meetings using teleconferencing in accordance with California Government Code Section 54953(e), a provision of AB-361; now therefore be it:
RESOLVED: that the City Council finds and determines that the foregoing recitals are true and correct and hereby adopts and incorporates them into this resolution; and be it
FURTHER RESOLVED: that, based on these determinations and consistent with federal, state and local health guidance, the City Council renews its determination that conducting in- person meetings would pose imminent risks to the health of attendees; and be it
FURTHER RESOLVED: that the City Council firmly believes that the community’s health and safety and the community’s right to participate in local government, are both critically important, and is committed to balancing the two by continuing to use teleconferencing to conduct public meetings, in accordance with California Government Code Section 54953(e), a provision of AB-361; and be it
FURTHER RESOLVED: that the City Council will renew these (or similar) findings at least every thirty (30) days in accordance with California Government Code section 54953(e) until the state of emergency related to COVID-19 has been lifted, or the Council finds that in-person meetings no longer pose imminent risks to the health of attendees, whichever occurs first.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California