R 5116 RESOLUTION NO. 5116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE MAKING FINDINGS IN ACCORDANCE
WITH AB 361 AND GOVERNMENT CODE SECTION
54953(e) AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF ARROYO GRANDE
WHEREAS, on March 4, 2020 Governor Newsom declared a State of Emergency in the
State of California pursuant to Government Code Section 8625 as a result of the threat
of the Coronavirus (COVID-19) pandemic; and
WHEREAS, subsequently, in March 2020, in response to the COVID-19 pandemic,
Governor Newsom issued Executive Orders N-25-20 and N-29-20. These orders
suspended certain elements of the Brown Act and specifically allowed for legislative
bodies as defined by the Brown Act to hold their meetings entirely electronically with no
physical meeting place. On June 11, 2021, Governor Newsom issued Executive Order N-
08-21 which provided that the provisions in Executive Order N-29-20 suspending certain
elements of the Brown Act would continue to apply through September 30, 2021; and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added
subsection (e)to Government Code section 54953 of the Brown Act, and makes provision
for remote teleconferencing participation in meetings by members of a legislative body,
without compliance with the requirements of Government Code section 54953(b)(3),
subject to the existence of certain conditions; and
WHEREAS, a required condition of AB 361 is that a state of emergency is declared by
the Governor pursuant to Government Code section 8625, proclaiming the existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
State caused by conditions as described in Government Code section 8558; and
WHEREAS, in addition to the Governor's proclamation of a State of Emergency, on
March 16, 2020 the former City Manager, in his capacity as the Director of Emergency
Services, proclaimed a local State of Emergency as a result of the Coronavirus pandemic.
The City Council ratified the proclamation at its regular meeting on March 24, 2020, and
has continued to make determinations since that time that a local State of Emergency
continues to exist in Arroyo Grande as a result of the Coronavirus pandemic; and
WHEREAS, there has been a significant increase in COVID-19 cases in San Luis Obispo
County due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID-
19. Emerging evidence indicates that the Delta variant is far more transmissible than prior
variants of the virus, may cause more severe illness, and that even fully vaccinated
individuals can spread the virus to others; and
RESOLUTION NO. 5116
PAGE 2
WHEREAS, the City Council now desires to adopt a Resolution finding that the requisite
conditions exist for the legislative bodies of the City of Arroyo Grande, as defined in the
Brown Act, to conduct remote teleconference meetings without compliance with
paragraph (3) of subdivision (b) of Government Code section 54953.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The above recitals are true, correct and are incorporated herein by this reference.
2. The City Council hereby determines that as a result of the proclaimed State of
Emergency in California due to the COVID-19 pandemic, and its continued
spread in San Luis Obispo County and Arroyo Grande through the Delta variant
of SARS-CoV-2, which is far more transmissible than prior variants of the virus,
may cause more severe illness, and can be spread to others even by fully
vaccinated individuals, holding meetings in person would present imminent risks
to the health or safety of attendees.
3. The City Manager and legislative bodies of the City of Arroyo Grande are hereby
authorized and directed to take all actions necessary to carry out the intent and
purpose of this Resolution including, continuing to conduct open and public
remote teleconferencing meetings in accordance with the requirements of
Government Code section 54953(e) and other applicable provisions of the Brown
Act.
4. This Resolution shall take effect immediately upon its adoption and shall be
effective until the earlier of (i) thirty (30) days after teleconferencing for the first
time pursuant to Government Code section 54953(e), or such time that the City
Council adopts a subsequent resolution in accordance with Government Code
section 54953(e)(3) to extend the time during which the legislative bodies of the
City of Arroyo may continue to teleconference without compliance with paragraph
(3) of subdivision (b) of Government Code section 54953.
On motion of Council Member Barneich, seconded by Council Member Storton, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, George, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 28th day of September, 2021.
RESOLUTION NO. 5116
PAGE 3
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CAREN RA '0111 SOM, MAYOR
ATTEST:
SSICA MATSON,CITY CLERK
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APPROVED AS TO CONTENT:
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APPROVED AS TO FORM:
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TIMOTH J2
. CARMEL, CITY ATTORNEY
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,
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5116 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of September, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 4th day of
October, 2021.
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JESSICA MATSON, CITY CLERK