R 5129 RESOLUTION NO. 5129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CONTINUANCE
OF REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF ARROYO
GRANDE PURSUANT GOVERNMENT CODE SECTION
54953(e)
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, the City Council has adopted a Resolution making findings in accordance
with AB 361 and Government Code Section 54953(e) authorizing remote teleconference
meetings on September 28, and October 26, 2021; and
WHEREAS, COVID-19 cases in San Luis Obispo County continue to be a threat to public
health. Emerging evidence indicates that the Delta variant is far more transmissible than
RESOLUTION NO. 5129
PAGE 2
prior variants of the virus, may cause more severe illness, and that even fully vaccinated
individuals can spread the virus to others; and
WHEREAS, as a condition of extending the use of the provisions found in Government
Code section 54953(e), the City Council must reconsider the circumstances of the State
of Emergency that exists in the City, and the City Council has done so; and
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. In accordance with the requirements of Government Code Section 54953(e)(3),
the City Council of the City of Arroyo Grande hereby finds and determines that it
has reconsidered the circumstances of the State of Emergency and that the State
of Emergency continues to exist and to directly impact the ability to meet safely
in person 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,
and therefore 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 for thirty (30) days after its adoption, subject to being extended for an
additional 30 day period by the City Council's adoption of a subsequent
resolution in accordance with Government Code section 54953(e)(3) to further
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.
RESOLUTION NO. 5129
PAGE 3
On motion of Council Member Storton, seconded by Council Member Barneich, and by
the following roll call vote, to wit:
AYES: Council Members Storton, Barneich, George, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 23rd day of November, 2021.
RESOLUTION NO. 5129
PAGE 4
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CAREN RAY RU sit•M, MAYOR
ATTEST:
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J SICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY CD•NALD, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTH J. CARMEç CITY ATTORNEY
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. 5129 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 23rd day of November, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of
November, 2021.
SSICA MATSON, CITY CLERK