HomeMy WebLinkAboutReso 14-23 AB 361 - March StormRESOLUTION NO. 14-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING FOR PUBLIC HEALTH AND SAFETY DUE TO
WINTER STORM EVENTS THE CONDUCT OF PUBLIC MEETINGS
OF THE LEGISLATIVE BODIES OF THE CITY VIA REMOTE
TELECONFERENCING PURSUANT TO THE RALPH M. BROWN
ACT AS AMENDED BY ASSEMBLY BILL NO. 361
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay ("City") is committed to
preserving and nurturing public access and participation in meetings of the Legislative
Bodies (as that term is defined in Government Code §54952, including the City Council,
commissions, boards and committees subject to the Brown Act) of the City; and
WHEREAS, all meetings of the Legislative Bodies are open and public as required
by the Ralph M. Brown Act, codified as Government Code §§ 54950 et seq., so that any
member of the public may attend, participate, and observe the Legislative Bodies conduct
their business; and
WHEREAS, the Brown Act, at Government Code § 54953(e), as amended by
Assembly Bill (AB) 361 effective October 1, 2021, makes provision for remote
teleconferencing participation in public meetings by members of a Legislative Body without
compliance with the provisions of Government Code § 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, a required condition under Government Code § 54953(e) is that the
meeting is held during a state of emergency that has been declared by the Governor
pursuant to Government Code § 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 § 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of
disaster, or extreme peril to the safety of persons and property within the jurisdictions that
are within the City's boundaries, caused by natural, technological, or human -caused
disasters; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on
March 1, 2023 the Governor of the State of California issued a "Proclamation of a State of
Emergency" to exist in multiple California counties, including San Luis Obispo County, to
support disaster response and relief related to severe winter storms that struck California
in late February, bringing damaging winds, and historic precipitation, and that it was
forecasted that additional storms would continue to threaten counties across California,
01181.0001/865928.4
PAGE 1 OF 4
bringing strong winds, above normal precipitation, and unusually cold temperatures
("winter storm events"); and
WHEREAS, the City of Morro Bay has specifically been, and is under continued
threat to be, adversely impacted by the above -referenced winter storm events in a manner
that threatens local infrastructure and public health and safety, and commencing on or
about 9:00 a.m. on March 10, 2023 conditions of disaster or extreme peril to the safety of
persons and property within the City have already included rising water levels throughout
the San Luis Obispo Creek system and flooding; and damage or threatened damage to
City infrastructure presenting imminent peril to the health, safety and welfare of City
residents and businesses and to City staff and operations; and
WHEREAS, after consideration of all facts reasonably available presently then for
review and all items, on March 10, 2023 the City's Director of Emergency Services
declared a local emergency due to the winter storm events, and thereby activated the
Emergency Operations Center; and
WHEREAS, another storm is anticipated on or by March 14, 2023, with rainfall
anticipated to be 2-4 inches on the Coast and 4-7 inches in the surrounding foothills in a
region already saturated by the previous storms; predictions of flooding; the potential of
high winds with winds from 25 to 35 mph and gusts as high as 40 mph projected that may
cause the loss of power and downed trees; likely road closures, as soils are currently
saturated, and there is potential again for roadway flooding; and, residents being advised
by the City to avoid unnecessary travel during the storm; and
WHEREAS, the Governor's proclaimed state of emergency and the City's
proclaimed local emergency related to the winter storm event remain in effect and
encompass the jurisdictional boundaries of the City; and
WHEREAS, the City Council does hereby find that because of the winter storm
event Legislative Bodies meeting in person would present imminent risks to the health or
safety of attendees; and
WHEREAS, the City Council does hereby intend that, as a consequence of the
persisting state of emergency, the Legislative Bodies shall conduct their meetings without
compliance with paragraph (3) of subdivision (b) of Government Code § 54953, as
authorized by subdivision (e) of Government Code § 54953, and that the Legislative
Bodies shall comply with the requirements to provide the public with access to the
meetings as prescribed in paragraph (2) of subdivision (e) of Government Code § 54953;
and
WHEREAS, consistent with AB 361, during the effectiveness of this Resolution,
the Legislative Bodies and their staff will give notice of the manner by which members of
the public may access the Legislative Bodies' meetings and offer public comment; identify
and include an opportunity for all persons to attend via a call -in option or an internet-based
service option; and allow members of the public to access the meeting, and the agenda
01181.0001/865928.4
PAGE 2 OF 4
shall include an opportunity for members of the public to address the Legislative Body
directly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by reference.
SECTION 2. The City Council hereby ratifies the Governor of the State of
California's Proclamation of a State of Emergency, effective as of its issuance date of
March 1, 2023, concerning the winter storm events, and incorporates its findings herein.
SECTION 3. The City Council has considered the existing conditions of the state
of emergency in the City and, consistent with the provisions of Government Code §
54953(e), hereby finds and determines that a proclaimed Governor issued state of
emergency and a proclaimed local emergency related to the winter storm event are both
currently in effect and persist in the jurisdictional boundaries of the City, and as a result of
the emergency, Legislative Bodies meeting in person would present imminent risks to the
health or safety of attendees.
SECTION 4. The Legislative Bodies and staff are hereby authorized and directed
to take all actions necessary to carry out the intent and purpose of this Resolution,
including conducting all open and public meetings of the Legislative Bodies in accordance
with Government Code § 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption by
the City Council and shall be effective until the earlier of (i) the meeting of Legislative
Bodies in person would not present an imminent risk to the health or safety of attendees
as reasonably determined by concurrence of the Mayor and City Manager, or (ii)
termination of both the local and Governor proclaimed state of emergency, or (iii) the
statutory deadline of April 14, 2023.
SECTION 6. Should any provision, section, paragraph, sentence or word of this
Resolution be rendered or declared invalid by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full
force and effect.
01181.0001/865928.4
PAGE 3 OF 4
SECTION 7. The City Clerk shall certify to the adoption of this Resolution and
enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special
meeting thereof held on the 151h day of March 2023 by the following vote:
AYES: Wixom, Barton, Edwards, Ford
NOES: None
ABSENT: Landrum
ABSTAIN: None
RECUSED: None
CARLA WIXOM, Mayor
ATTEST:
01181.0001/865928.4
PAGE 4 OF 4