HomeMy WebLinkAbout2021-10-04; Traffic and Mobility Commission; ; Traffic and Mobility Commission Discussion on AB 361 Regarding City Council Direction to Continue Virtual Public Meetings and Consideration of Revising The Traffic and Mobility Commission Meeting Start Time Meeting Date: Oct. 4, 2021
To: Traffic and Mobility Commission
Staff Contact: Nathan Schmidt, Transportation Planning and Mobility Manager
Nathan.schmidt@carlsbadca.gov, 760-602-2734
Sheila Cobian, Director of Legislative & Constituent Services
Sheila.cobian@carlsbadca.gov, 760-434-2917
Subject: Traffic & Mobility Commission Discussion on AB 361 Regarding City Council Direction to Continue Virtual Public Meetings and Consideration of Revising The T&MC Meeting Start Time To 3 P.M. While Meetings Are Being Held in a Virtual Format
Recommended Action Receive a presentation on an overview of the provisions of Assembly Bill 361 and approve a revised Traffic & Mobility Commission meeting start time of 3 p.m. for as long as meetings continue to be held in the virtual format.
Discussion
Assembly Bill 361: Open meetings: state and local agencies: teleconferences
Since spring 2020, the Traffic and Mobility Commission (T&MC) has held its monthly meetings
in virtual format based on Executive Order N-29-20. The order authorized local legislative
bodies, such as the T&MC, to meet virtually to mitigate the spread of COVID-19. On Sept. 16,
2021, Governor Newsome 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. The details of this Assembly Bill are provided in the attached Exhibit 1.
On September 28, 2021, City Council discussed options to address the provisions of AB 361
including two options to either 1) adopt a resolution to make findings that it is in the interest of
public health to continue holding virtual public meetings until at least Oct. 28, 2021 or 2) direct
staff to commence holding in-person public meetings beginning on Oct. 4, 2021. City Council
ultimately decided to approve option 1 to continue holding virtual public meetings until Oct. 28,
2021. With the selection of this option, there will be a change in the way meetings need to be
conducted across all committees, boards and commissions including switching meeting formats
to a webinar format to allow for public comment to be provided during commission meetings.
City Council will re-visit their decision to return to in-person public meetings on a monthly basis
based on the latest pandemic conditions and state regulations.
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Oct. 4, 2021 Item #5 1
Change in T&MC Meeting Time to 3 p.m while meetings while meetings are being held virtually.
At the Sept. 7, 2021 T&MC meeting the commission approved a motion to add an item to the
next meeting to consider a return to the 3 p.m. start time for as long as meetings continue to
be held in the virtual meeting format. Staff will return to the T&MC with an item to revise the
meeting time and format based on direction from City Council.
Next Steps
The Traffic and Mobility Commission meetings will take place at 3 p.m. or as approved by the
commission.
Exhibits
1. City Council Staff Report: Discussion Regarding AB 361 and Determination to Continue
Virtual Public Meetings or Resume In-Person Meetings
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Oct. 4, 2021 Item #5 2
Meeting 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
Oct. 4, 2021 Item #5 3
EXHIBIT 1
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:
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Oct. 4, 2021 Item #5 4
• 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
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Oct. 4, 2021 Item #5 5
RESOLUTION NO. .
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
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:
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; and
WHEREAS, the Governor has proclaimed a state of emergency due to the COVID-19 pandemic;
and
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 efficiently 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.
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4.That the Deputy City Manager, Administrative Services is authorized to appropriate
$13,000 from the fund balance of the city’s Local Cable Infrastructure Fund to obtain all
necessary Zoom webinar licenses to facilitate public meetings in compliance with AB 361.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_________________________
MATT HALL, Mayor
_________________________
FAVIOLA MEDINA, CMC
City Clerk Services Manager
(SEAL)
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