R 5251 RESOLUTION NO. 5251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL
EMERGENCY RELATED TO THE CORONAVIRUS (COVID-
19) PANDEMIC AND AUTHORIZING THE CONTINUANCE
OF REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF ARROYO
GRANDE PURSUANT TO GOVERNMENT CODE SECTION
54953(e)
WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code,
the former City Manager, in his capacity as the Director of Emergency Services
proclaimed a local emergency on March 17, 2020, regarding the COVID-19 pandemic;
and
WHEREAS, the City Council ratified the emergency proclamation through adoption of
Resolution No. 4974 at its regular meeting on March 24, 2020; and
WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City
Council is to review the need for a continuing emergency declaration at regularly
scheduled meetings at least every twenty-one (21) days until the emergency is
terminated; and
WHEREAS, the City Council has adopted Resolutions declaring a continued local
emergency related to the coronavirus (COVID-19) pandemic on April 14, April 28, May
12, May 26, June 9, June 23, July 14, August 11, August 25, September 8, September
22, October 13, October 27, November 10, November 24, December 8, 2020, January
12, January 26, February 9; February 23; March 9, March 23, April 13, April 27, May 11,
May 25, June 8, June 22, July 27, August 10, August 24, September 14, September 28,
October 12, October 26, November 9, November 23, December 14, 2021, January 11,
January 25, February 8, February 22, March 8, March 22, April 12, April 26, May 10, May
24, June 14, June 28, July 26, August 9, August 23, September 13, September 27,
October 11, October 25, November 22, and December 13, 2022; and
WHEREAS,the Secretary of Health and Human Services Director issued a Determination
that a Public Health Emergency Exists and has existed as of January 27, 2020; and
WHEREAS, the President of the United States declared a State of National Emergency;
the Governor of the State of California has proclaimed a State of Emergency for the State
of California and issued Executive Orders and direction regarding measures to mitigate
the spread of cases of COVID-19 within the State of California and all recitals set forth
therein, are included as though fully set forth herein; and
RESOLUTION NO. 5251
PAGE 2
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, 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, and December 14, 2021, and on
January 25, February 22, March 22, April 12, May 10, June 14, June 28, July 26, August
23, September 27, October 25, November 22, and December 13, 2022; and
WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the
U.S., continuing to present an immediate and significant risk to public health and safety,
and resulting in serious illness or death to vulnerable populations, including the elderly
and those with underlying health conditions.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande
that:
1. All recitals set forth above, are true, correct and incorporated herein.
2. A local emergency is declared to continue to exist throughout the City of Arroyo
Grande, and the City has been undertaking, and will continue through termination
of this emergency to undertake necessary measures and incur necessary costs,
which are directly related to the prevention of the spread of COVID-19 and are
taken in furtherance of: the Secretary of Health and Human Services'
determination that a public health emergency has existed since January 27, 2020;
the Governor's Proclamation of a State of Emergency on March 4, 2020; the
President of the United States' Declaration of a National Emergency on March 13,
2020 and the City Director of Emergency Services' Proclamation of Local
Emergency on March 17, 2020; and related orders and directives.
RESOLUTION NO. 5251
PAGE 3
3. 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,BA2 and other variants of
SARS-CoV-2, which are 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.
4. 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.
5. 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.
On motion of Council Member Barneich, seconded by Council Member George, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 10th day of January, 2023.
RESOLUTION NO.5a51
PAGE 4
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CAREN RAY RUSSO 1 , MAYOR
ATTEST:
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3 SICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITN� DONAL a, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTHY J. 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. 5251 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 10th day of January, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of
January, 2023.
JESSICA MATSON, CITY CLERK