R 5270 RESOLUTION NO. 5270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TERMINATING A CONTINUED LOCAL
EMERGENCY RELATED TO THE CORONAVIRUS (COVID-
19) PANDEMIC
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, December 13, January 10, January 24, and
February 14, 2023; and
WHEREAS,the Secretary of Health and Human Services Director issued a Determination
that a Public Health Emergency 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 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
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-
RESOLUTION NO. 5270
PAGE 2
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 initiating AB 361 meetings 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 after that time, the City Council regularly make required findings under Government
Code section 54953(e)(3); and
WHEREAS, the City Council has adopted Resolutions with requisite 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 on January 10, 2023; and
WHEREAS, Governor Newsom has announced his intent to rescind the State of
Emergency Declaration related to COVID-19 on February 28, 2023; and
WHEREAS, pursuant to Arroyo Grande Municipal Code section 8.12.065(D), the City
Council is empowered to terminate a local emergency once the situation resulting from
the emergency conditions is within the control of the normal protective services,
personnel, equipment and facilities of the City.
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. The City Council hereby terminates the local emergency associated with COVID-
19, consistent with the anticipated withdrawal of the State of California Emergency
Declaration scheduled for February 28, 2023, and the County of San Luis Obispo's
termination of the Local Public Health Emergency and the Proclamation of Local
Emergency as of February 25, 2022. The City Council further finds the situation
resulting from the emergency conditions is within the control of the normal
protective services, personnel, equipment and facilities of the City.
RESOLUTION NO. 5270
PAGE 3
3. This Resolution terminating a local emergency is not a project subject to the
California Environmental Quality Act("CEQA") because it has no potential to result
in either a direct, or reasonably foreseeable indirect, physical change in the
environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
4. This Resolution shall take effect immediately upon its adoption.
On motion of Council Member Barneich, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Guthrie, Secrest, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 28th day of February, 2023.
1
RESOLUTION NO. 5,270
PAGE 4
I
C i
i IPA '
CAREN RAY RU OM, MAYOR
ATTEST:
(...,c17 ,/ Y--;--t- c) ¼
JESSICA SICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
•
fry 4
i
ri I g
WHITNEY ' a ONALD, CITY MANAGER
APPROVED AS TO FORM:
1 //2.----7
ISAA OSEN, INTERIM 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. 5270 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of February, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day of
March, 2023.
dip 4
SSICA MATSON, CITY CLERK