3202364v1 / SW
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUT
ION DETERMINING TH AT CONDUCTING IN-PERSON
MEETINGS OF THE CITY COUNCIL AND ITS COMMITTEES WOULD
PRESENT IMMINENT RISKS TO ATTENDEES’ HEALTH, AND
ELECTING TO CONDUCT MEETING S USING TELECONFERENCING
IN ACCORDANCE WITH CALIF ORNIA 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of emergency related to COVID-19, pursuant to Government Code Section 8625, and such declaration has not been lifted or rescinded.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 June 17, 2022 Gavin Newsom is sued Executive Order N-11-22 reaffirming that a State of Emergency exis ts in California as a result of COVID-19. ( See https://www.gov.ca.gov/wp-content/uploads/2022/06/6.17.22-COVID-EO-Rollback- signed.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 remain s in full force and effect to date; and
WHEREAS, the Centers for Disease Control (C DC) continues to recommend physical distancing of at least six (6) feet whenever possible, avoiding crowds and poorly ventilated spaces, 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
2 WHEREAS, the CDC recommends that families with children under 5 and unvaccinated household members continue to take steps to prevent COVID-19 infection including distancing. (See https://www.cdc.gov/coronavirus/2019-ncov/groups/families-covid-19.html.); and
WHEREAS, the CDC continues to caution that older adults remain more likely to get very sick from COVID-19. (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 or who have tested positiv e for COVID-19 stay home. ( See https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html.); and
WHEREAS, the CDC still finds that COVID-19 vaccines are highly effective at preventing severe illness, hospitalizations and death and continues to recommend that all eligible persons get vaccinated for COVID-19 and stay up to date on their COVID-19 vaccines. ( See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.); and
WHEREAS, vaccinated persons may still get COVID-19 and can spread the virus to others. ( See https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure- effectiveness/breakthrough-cases.html.); and
WHEREAS, anyone infected with COVID-19 can spread the virus, even if they do not have symptoms. ( See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how- covid-spreads.html.); and
WHEREAS, the City’s public-meeting f acilities are indoor facili ties not designed to 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 governme nt, and some of them would be at high risk of getting very sick from COVID-19 and/or may 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 faciliti es 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; now therefore be it:
RESOLVED: that the City Council fi nds 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 determines th at conducting in-person meetings would pose imminent risks to the health of attendees; and be it
3 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 the City Council 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 rene w 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 th e Council finds that in-person meetings no longer pose imminent risks to the health of attendees, whichever is 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