CC 2021-10-26_08e Continued Authorization for Remote Teleconference MeetingsMEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY
JESSICA MATSON, LEGISLATIVE & INFORMATION SERVICES
DIRECTOR/CITY CLERK
SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING THE CONTINUANCE OF
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF ARROYO GRANDE PURSUANT TO
GOVERNMENT CODE SECTION 54953(e)(3)
D ATE: OCTOBER 26, 2021
SUMMARY OF ACTION:
Adoption of the Resolution will enable the City to continue to comply with the requirements
of legislation, AB 361, and authorize the continued use of teleconferencing for meetings
of the City’s legislative bodies.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no direct fiscal impacts related to the proposed action.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution authorizing the continuance of
remote teleconference meetings pursuant to Government Code Section 54953(e)(3).
BACKGROUND:
As the City Council is aware, on September 16, 2021, Governor Newsom signed AB 361,
which adds Government Code Section 54953(e) to the Brown Act and provides for remote
teleconferencing subject to the existence of certain conditions.
ANALYSIS OF ISSUES:
AB 361 amended Government Code Section 54953, adding a new subsection (e) that
permits legislative bodies, when there is a proclaimed State of Emergency declared by
the Governor pursuant to Government Code Section 8625, to make a determination to
authorize meeting remotely via teleconferencing as a result of the emergency. To do so,
a resolution would need to be adopted in which the legislative body finds that meeting in
person would present imminent risks to the health or safety of attendees, or that State or
local officials have imposed or recommended measures to promote social distancing.
Item 8.e. - Page 1
CITY COUNCIL
ADOPTION OF RESOLUTION AUTHORIZING THE CONTINUANCE OF REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF
ARROYO GRANDE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(3)
OCTOBER 26, 2021
PAGE 2
Item 8.e.
The City Council first adopted a Resolution making findings in accordance with AB 361
and Government Code Section 54953(e) at its September 28, 2021 meeting. The
Resolution is valid for thirty (30) days after teleconferencing for the first time under the
new regulations. If the State of Emergency remains active after that 30 day period, the
local agency may act to renew its resolution authorizing remote teleconferenced meetings
by passing another resolution which includes findings that the State of Emergency
declaration remains active, the local agency has reconsidered the circumstances of the
State of Emergency, and the local agency has either identified: A) ongoing, direct impacts
to the ability to meet safely in-person, or B) active social distancing measures as directed
by relevant State or local officials.
A draft Resolution has been prepared for Council consideration. It includes continued
findings based upon a determination 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 more transmissible than prior variants of the virus and may cause more severe illness,
and, as even fully vaccinated individuals can spread the virus to others, holding meetings
in person would present imminent risks to the health or safety of attendees.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1.Adopt the Resolution authorizing the continuance of remote teleconference
meetings pursuant to Government Code Section 54953(e)(3); or
2. Provide other direction to staff.
AD VANTAGES:
Adoption of the Resolution will satisfy the requirements of Government Code Section
54953(e)(3) and allow the City to safely continue carrying out its business in a manner
that will minimize the risk of contracting COVID-19 for everyone involved.
DISADVANTAGES:
No disadvantages have been identified to adopting the Resolution.
ENVIRONMENTAL REVIEW:
Not required.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachment:
1. Proposed Resolution
Item 8.e. - Page 2
RESOLUTION NO.
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, 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
Item 8.e. - Page 3
Attachment 1
RESOLUTION NO.
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.
Item 8.e. - Page 4
RESOLUTION NO.
PAGE 3
On motion of Council Member _______________________, seconded by Council
Member _______________________, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this 26th day of October, 2021.
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.e. - Page 5