RESOLUTION NO. 2022-8991
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, ADOPTING FINDINGS PURSUANT TO ASSEMBLY BILL 361 TO AUTHORIZE THE CITY’S LEGISLATIVE BODIES TO CONTINUE HOLDING TELECONFERENCED/VIRTUAL MEETINGS 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”) 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 complying 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, City operations, functions, and staff continue to be affected by COVID-19; and WHEREAS, by Resolution 2022-8970, the City Council adopted the requisite findings pursuant to AB 361 on January 11, 2022; and WHEREAS, by Resolution 2022-8985, the City Council renewed the requisite findings pursuant to AB 361 on February 8, 2022; and WHEREAS, the circumstances and concerns supporting those findings remain largely in place today and continue to necessitate the ability to hold virtual meetings and, as a result, the City desires to renew the AB 361 findings it made previously, and continue to allow the City’s legislative bodies to meet virtually; 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 being able to hold 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:
The foregoing recitals are true and correct; and
The City Council has re-evaluated and reconsidered the circumstances of the state of emergency arising from the COVID-19 pandemic; and
3. The state of emergency continues to directly impact the ability of the members of the City’s legislative bodies and the public to meet safely in person; and
4. Use of teleconferencing to hold meetings of the City’s legislative bodies during the 30-day period commencing on March 10, 2022, inclusive, in accordance with Government Code section 54953(e), is hereby authorized and ratified.
ADOPTED at a regular meeting of the City Council of the City of San Marcos, California, held on the 8th day of March, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
Phillip Scollick, City Clerk
City of San Marcos
Resolution No. 2022-8991
March 8, 2022