01.19.21 Regular Meeting - Laserfiche WebLink

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City Council Meeting Minutes January 19, 2021 16.6% and the recovery rate if someone is hospitalized. He asked if there is any indication of another shutdown. Mr. Stapp stated that he hasn't heard anything from the Governor's office regarding further shutdown. Council Member Baker asked what is stopping the City from further shut downs and should the City risk a potential lawsuit if we decide to enforce stricter measures. Mr. Stapp stated the Governor's Order prohibits us from enforcing it. Council Member Baker continued and asked Mr. Lumbreras if we should consider a shut down, even though there would likely be a lawsuit by the Attorney General, as we see our numbers rise, including deaths. Mr. Lumbreras stated there are legal issues, but from a policy issue, Council can adopt any policy they wish. Council Member Baker expressed concern with the Governor's order regarding the health and safety of the public. He specifically referenced concerns with allowing restaurants to serve indoors and Texas State students returning to campus. Mayor Hughson asked if council supports a shutdown even though the Governor's order does not allow the City to make the rules. Mr. Stapp stated the mechanism for this is through an emergency order from the Mayor and Mr. Cosentino, City Attorney can answer, if the council can direct the Mayor to write the order or if this is solely the discretion of the Mayor. Mayor Hughson asked Mr. Cosentino if the City chooses to not abide the Governor's order, can council compel the Mayor to write an executive order? Mr. Cosentino stated Governor Abbott sued the cities of Austin and El Paso for not abiding by the order. He further explained that the City currently has an ordinance in place that allows the council as a whole to adopt an emergency order. He further explained authority is granted in Chapter 418 of the Government Code that gives a County Judge or the Mayor power to issue an executive order. However, Governor Abbott has suspended this section, so no orders can be issued that are that is inconsistent with what has been issued by his office. Mr. Cosentino stated that the Attorney General could file for lawsuit, similar to Austin and El Paso. Council Members Baker, Gonzales, Garza, and Derrick stated they would like to pursue an order to provide stricter regulation on some businesses even though the Governor's Order prohibits this. Other discussion include information such as the responsibility of an individual to wear a mask, not the business to enforce it. Deputy Mayor Pro Tem Scott noted that many small businesses are hardly getting by now and this could have a devastating effect City of San Marcos Page 4