RESOLUTION NO. 2022-8970
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
CALIFORNIA, MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953, AUTHORIZING AND RATIFYING THE USE OF VIRTUAL MEETINGS OF THE CITY’S LEGISLATIVE BODIES FOR THE 30-DAY PERIOD BEGINNING JANUARY 11, 2022, AND CONTINUING THROUGH FEBRUARY 9, 2022
WHEREAS, as a result of the COVID-19 pandemic, the Governor issued Executive Order Nos. N-08-21, N-25-20, and N-29-20, which suspended certain provisions of the Ralph M. Brown Act, Government Code sections 54950, et seq. (the “Brown Act”) in order to allow legislative bodies to conduct public meetings without strict compliance with the teleconferencing provisions of the Brown Act; and
WHEREAS, Assembly Bill 361, which was signed into law on September 16, 2021, amended Government Code section 54953, to allow legislative bodies to meet virtually during a proclaimed state of emergency , without comply ing with the Brown Act ’s teleconferencing requirements, provided the legislative body makes certain findings; and WHEREAS, as a result of the COVID -19 pandemic, the Governor proclaimed a state of emergency on March 4, 2020, in accordance with section 8625 of the California Emergency Services Act, and the state of emergency remains in effect; and WHEREAS, COVID-19 cases continue to have a significant impact in San Diego County, and the City, and rapid spread of the Omicron variant of COVID-19 has led to a significant recent spike in COVID cases and hospitalizations, and health officials believe it to be highly contagious; and
WHEREAS, according to figures released on December 22, 2021, the County’s transmission rate was at 21.7 out of 100,000, putting it into the “High Transmission” category, the highest level of transmission established by the Centers for Disease Control; and WHEREAS, as there is a continued threat to health and safety posed by indoor public meetings, particularly those with large attendance, the City Council wishes to take the precaution of holding virtual meetings until the requisite findings expire without renewal and/or the threat to public health and safety posed by in-person meetings has decreased.
NOW, THEREFORE, the City Council of the City of San Marcos, California, in accordance with the freedom afforded to charter cities generally, and by the Charter of the City of San Marcos specifically, hereby finds and resolves that:
1. The foregoing recitals are true and correct; and
2. The Cit
y Council has re-evaluated and reconsidered the circumstances of the state of emergency arising from the COVID-19 pandemic; and Resolution No. 2022-8970
January 11, 2022
3. The s
tate of emergency continues to directly impact the ability of the members of the City Council and the public to meet safely in person; and
4. U se of teleconferencing to hold meetings of the City’s legislative bodies during the period January 11, 2022 through February 9, 2022, inclusive, in accordance with Government Code section 54953(e), is hereby authorized and ratified.
AD
OPTED at a regular meeting of the City Council of the City of San Marcos, California, held on the 11th day of January, 2022, by the following roll call vote:
AYES: CO
UNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPR
OVED:
R ebecca D. Jones, Mayor
City of San Marcos
AT
TEST:
Phillip Scollick, City Clerk
City of San Marcos