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Home My WebLink About2021-09-28; City Council; ; Discussion Regarding AB 361 and Determination to Continue Virtual Public Meetings or Resume In-Person Public MeetingsMeeting Date: Sept. 28, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Director of Legislative & Constituent Services Sheila.cobian@carlsbadca.gov, 760-434-2917 Cindie McMahon, Assistant City Attorney Cindie.mcmahon@carlsbadca.gov, 760-434-2890 Subject: Discussion Regarding AB 361 and Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings Districts: All Recommended Action Receive an overview of the provisions of Assembly Bill 361 and 1.Consider adopting a resolution making findings to authorize the continuation of virtual public meetings until Oct. 28, 2021, or 2.Direct staff to resume in-person public meetings beginning Oct. 4, 2021 Executive Summary On Sept. 16, 2021, Governor Newsom signed Assembly Bill 361 - Open meetings: state and local agencies: teleconferences, which took effect immediately and added flexibility for local agencies using teleconferencing to conduct public meetings during a state of emergency proclaimed by the Governor. Specifically, AB 361 amends California Government Code Section 54953 to provide more clarity on the Brown Act’s rules and restrictions surrounding the use of teleconferencing to conduct public meetings. To benefit from AB 361’s provisions, a legislative body such as the City Council must make findings that, due to the proclaimed state of emergency, meeting in person would result in imminent risk to the health and safety of attendees. The City Council would need to reconsider the findings every 30 days to continue conducting its public meetings virtually. Discussion Currently, the Brown Act provides that if a legislative body elects to use teleconferencing, then it must identify each teleconference location in the public notice and agenda and post agendas at all teleconference locations. All teleconference locations must be publicly accessible and there must be an opportunity for public comment at each teleconference location. Additionally, a quorum of the members of the legislative body must participate from locations physically within the jurisdictional boundaries of the agency. (See Cal. Gov. Code, § 54953(b)(3).) Governor Newsom issued Executive Orders suspending these requirements during the COVID- 19 pandemic to facilitate social distancing measures and the remote work environment that all Sept. 28, 2021 Item #15 Page 1 of 24 employers faced. (See Executive Orders N-29-20, Paragraph 3, and N-08-21, Paragraph 42.) The Executive Orders will sunset on Sept. 30, 2021 and AB 361 replaces them. Like the Executive Orders, AB 361 applies during a state of emergency proclaimed by the Governor. (Cal. Gov. Code, § 52953(e)(4).) In addition, one of the following circumstances must apply: 1. State or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees. (Cal. Gov. Code, § 52953(e)(1).) If these prerequisites are met, then new Section 52953(e) provides an exemption from the Brown Act’s regular teleconferencing requirements discussed above and creates alternate measures to protect the statutory and constitutional rights of the public to appear before local legislative bodies. Specifically, new Section 52953(e) exempts a local agency from complying with the following requirements: • Ensuring that each teleconference location is physically accessible to the public • Maintaining quorum with members physically within the jurisdiction • Providing an opportunity for public comment at each teleconference location Instead, when a local agency elects to hold a virtual or remote meeting because the emergency and public health and safety criteria are met, an alternate set of requirements apply. The agency must provide adequate notice of the meeting and post an agenda as otherwise required by the Brown Act. However, the agenda does not need to list each teleconference location or be physically posted at each teleconference location. (Cal. Gov. Code, § 54953(e)(2)(A)-(B).) Additionally, if there is a disruption in the public broadcast of the call-in or internet-based meeting service, the legislative body must cease and take no further action on agenda items until public access is restored. (Cal. Gov. Code, § 54953(e)(2)(D).) Local agencies are also prohibited from requiring public comments to be submitted in advance of the meeting and cannot close the comment period or opportunity to register online until the timed public comment period has elapsed. (Cal. Gov. Code, § 54953(e)(2)(E)-(G).) AB 361 sunsets on Jan. 1, 2024. Options Due to this change in legislation, the City Council may consider approval of the following options: Option 1: Adopt a resolution making findings that it is in the interest of public health to continue holding virtual public meetings until Oct. 28, 2021 If the City Council selects this option, there would be a change in the way meetings need to be conducted across all committees, boards and commissions. Some of those changes include: Sept. 28, 2021 Item #15 Page 2 of 24 • Switching from a Zoom meeting license to a Zoom webinar license. Each staff liaison and the liaison’s alternate would need to have a license purchased. The cost for doing this is approximately $13,000. Option 2: Direct staff to commence holding in-person public meetings beginning Oct. 4, 2021. Fiscal Analysis The fiscal year 2021-22 budget includes funding to facilitate virtual and in-person meetings. However, should the City Council choose to continue virtual meetings for all committees, boards and commissions in the manner compliant with AB 361, staff would request an appropriation of $13,000 from the fund balance of the city’s Local Cable Infrastructure Fund to obtain the necessary Zoom webinar licenses. Next Steps Staff will implement City Council’s direction relating to the manner in which public meetings are conducted. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, it does not require environmental review. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. Text of Assembly Bill 361 Sept. 28, 2021 Item #15 Page 3 of 24 RESOLUTION NO. 2021-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS IN ACCORDANCE WITH AB 361 TO CONTINUE VIRTUAL PUBLIC MEETINGS UNTIL OCTOBER 28, 2021 EXHIBIT 1 WHEREAS, on Sept. 16, 2021, Governor Newsom signed AB 361 which took effect immediately and adds flexibility for local agencies using teleconferencing to conduct public meetings during a state of emergency proclaimed by the Governor; and WHEREAS, AB 361 amends California Government Code Section 54953 to provide more clarity on the Brown Act's rules and restrictions surrounding the use of teleconferencing to conduct public meetings; and WHEREAS, with the enactment of AB 361, the legislative body must make findings that one of the following circumstances applies to conduct virtual public meetings for the next 30 days: and 1. State or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body is meeting t o determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The-legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees; and WHEREAS, the Governor has proclaimed a state of emergency due to the COVID-19 pandemic; WHEREAS, COVID-19 can result in serious illness or death; and WHEREAS, COVID-19 spreads effectively in indoor settings when multiple people are present. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That as a result of the COVID-19 pandemic state of emergency, the risk of serious illness or death from the disease, and the ability of the disease to spread efficient ly when multiple people are present in indoor settings, the City Council finds meeting in person presents imminent risks to the health or safety of attendees. 3. That all public meetings subject to the Brown Act shall be conducted virtually in the City of Carlsbad until Oct. 28, 2021. Sept. 28, 2021 Item #15 Page 4 of 24 Exhibit 2 Sept. 28, 2021 Item #15 Page 6 of 24 Sept. 28, 2021 Item #15 Page 7 of 24 Sept. 28, 2021 Item #15 Page 8 of 24 Sept. 28, 2021 Item #15 Page 9 of 24 Sept. 28, 2021 Item #15 Page 10 of 24 Sept. 28, 2021 Item #15 Page 11 of 24 Sept. 28, 2021 Item #15 Page 12 of 24 Sept. 28, 2021 Item #15 Page 13 of 24 Sept. 28, 2021 Item #15 Page 14 of 24 Sept. 28, 2021 Item #15 Page 15 of 24 Sept. 28, 2021 Item #15 Page 16 of 24 Sept. 28, 2021 Item #15 Page 17 of 24 Sept. 28, 2021 Item #15 Page 18 of 24 Sept. 28, 2021 Item #15 Page 19 of 24 Sept. 28, 2021 Item #15 Page 20 of 24 Sept. 28, 2021 Item #15 Page 21 of 24 Sept. 28, 2021 Item #15 Page 22 of 24 Sept. 28, 2021 Item #15 Page 23 of 24 Sept. 28, 2021 Item #15 Page 24 of 24 From: To: Subject: Date: Lennie A City Cleric September 28, 2021: Agenda- Item #15 Monday, September 27, 2021 12:48:00 PM All Receive - Agenda Item # For the Information of the: CITY COUNCIL Date qP7/7/ CA X- CC )5-- CM N7 ACM 2c DCM (3) Dear Council, Please resume In Public Council meetings. If anyone can attend public conferences, shop at Costco, Target, and attend large public meetings, we can resume meetings in person. Thank you for your consideration, CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Discussion Regarding AB 361 & Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings Sheila Cobian, Legislative & Constituent Services Director Sept. 28, 2021 {city of Carlsbad •Legislative body makes findings every 30 days in order to hold virtual public meetings •Applies during a State of Emergency declared by Governor •One of three circumstances must also apply ITEM #15: PUBLIC MEETINGS Overview of AB 361 {city of Carlsbad •Posting and Public Access •Broadcast Disruption •Public Commenting Requirements ITEM #15: PUBLIC MEETINGS Overview of AB 361 {city of Carlsbad 1.Adopt a resolution making findings to authorize the continuation of virtual public meetings until Oct. 28, 2021; or 2.Direct staff to resume in-person public meetings beginning Oct. 4, 2021 ITEM #15: PUBLIC MEETINGS Options {city of Carlsbad ITEM #15: PUBLIC MEETINGS Questions {city of Carlsbad Return to in person meetings Active COVID-19 Cases in Carlsbad 450 408 400 380 383 353 350 329 321 300 287 248 250 234 200 162 150 100 100 50 30 36 20 0 -June 23 June 30 July 7 July 14 July 21 July 28 Aug. 4 Aug. 11 Aug. 18 Aug. 26 Sept. 1 Sept. 8 Sept. 15 Sept. 22 • •