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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 0 Y; CAREN RA '0111 SOM, MAYOR ATTEST: SSICA MATSON,CITY CLERK \--- APPROVED AS TO CONTENT: WhTN_le._14 414114 1 EY t! DONALD, TY MANAGER %--- /) APPROVED AS TO FORM: ti TIMOTH J2 . CARMEL, 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. 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. (.-0_- JESSICA MATSON, CITY CLERK