HomeMy WebLinkAboutResolution 2022-003RESOLUTION NO. 2022-003
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
NMR 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, 2021, Resofution No. 2021-073 on
November 23, 2021, Resolution No. 2021-074 on December 14, 2021, and Resolution No. 2022-
001 on January 11, 2022, finding that the requisite conditions exist and dontinue.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
onq 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. 2022-003
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:
1. 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 8th day
of February, 2022.
On motion by Council Member Funk and seconded by Council Member Bourbeau, 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
ADOPTED: None
APPJ LQVED�A)TO FORM:
Brian A. Pierik, City Attorney
CITY OF ATASCADERO
Heather Moreno, Mayor
7
7
n