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HomeMy WebLinkAboutResolution 2021-074RESOLUTION NO. 2021-074 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, PROCLAIMING THE CONTINUING NEED TO MEET BY TELECONFERENCE PURSUANT TO GOVERNMENT CODE SECTION 54953(e) WHEREAS, all meetings of the City of Atascadero legislative bodies are open and public as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 — 54963); and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions 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, Government Code section 54953(e) was added by AB 361, signed by Governor Newsom on September 17, 2021; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic; and ^ WHEREAS, on March 17, 2020, the City of Atascadero declared a State of Emergency as a result of the COVID-19 pandemic; and WHEREAS, such State of Emergency remains in effect; and WHEREAS, COVID-19 continues to threaten the health and lives of City of Atascadero residents; and WHEREAS, the Delta variant is highly transmissible in indoor settings and breakthrough cases are becoming more common; and WHEREAS, local officials have imposed or recommended measures to promote social distancing to include the wearing of masks indoors, regardless of vaccination status; and WHEREAS, the City Council previously adopted Resolution No. 2021-066 on September 28, 2021, Resolution No. 2021-069 on October 26,202 1, and Resolution No. 2021-073 on November 23, 2021, finding that the requisite conditions exist and continue to exist for the legislative bodies of the City of Atascadero to conduct remote teleconference meetings in compliance with Government Code Section 54953(e); and WHEREAS, Government Code Section 54953(e) requires that the City Council must reconsider the circumstances of the state of emergency every 30 days in order to continue to conduct remote teleconference meetings in compliance with AB 361. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: City of Atascadero Resolution No. 2021-074 Page 2 of 2 SECTION 1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by this reference. SECTION 2. Findings. The City Council does hereby find that: I. The City Council has reconsidered the circumstances of the state of emergency declared as a result of the COVID-19 pandemic. 2. The COVID-19 pandemic continues to directly impact the ability of the members to meet safely in person whereby holding legislative body meetings in person will present imminent risk to the health and safety of attendees. 3. State or local officials continue to impose or recommend measures to promote social distancing. SECTION 3. Compliance with Government Code Section 54953(e). The City Council and other legislative bodies will continue to meet by teleconference in accordance with Government Code section 54953(e). SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time 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 Atascadero may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953. PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th day of December, 2021. On motion by Council Member Bourbeau and seconded by Council Member Funk, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Dariz, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO Heather—Moreno, Mayor APPROVED AS TO FORM: Ke� Brian A. Pierik, City Attorney 7 n