R 5158 RESOLUTION NO. 5158
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, October 26, November 23, December 14, 2021, and January
25, 2022; and
RESOLUTION NO. 5158
PAGE 2
WHEREAS, COVID-19 cases in San Luis Obispo County continue to be a threat to public
health. Evidence clearly indicates that the Omicron variant is far more transmissible than
prior variants of the virus 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 Omicron variant of SARS-CoV-
2, which is far more transmissible than prior variants of the virus, 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. 5158
PAGE 3
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 22nd day of February, 2022.
RESOLUTION NO. 5158
PAGE 4
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CAREN RAY R - OM, MAYOR
ATTEST:
JE SICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY ,C✓DONALD, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTH . CARMEL, ITY 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. 5158 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 22nd day of February, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of
February, 2022.
J SSICA MATSON, CITY CLERK