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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 11 i ..strio" CAREN RAY RU sit•M, MAYOR ATTEST: E,,, J SICA MATSON, CITY CLERK APPROVED AS TO CONTENT: pi oircior i i sr irrpw s 1 WHITNEY CD•NALD, CITY MANAGER APPROVED AS TO FORM: . , /k\-"--- 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