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Home My WebLink About2021-10-19; City Council; ; Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings on Nov. 1, 2021Meeting Date: Oct. 19, 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 Subject: Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings on Nov. 1, 2021 Districts: All Recommended Action Discuss how to proceed with public meetings until Nov. 18, 2021 and take one of the following actions: 1.Consider adopting a resolution making findings to authorize the continuation of virtual public meetings until Nov. 18, 2021, or 2.Direct staff to resume in-person public meetings beginning Nov. 1, 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. On Sept. 28, 2021, the City Council made findings to conduct all public meetings virtually for the month of October. The City Council must 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 California Government Code, Section 54953(b)(3).) Oct. 19, 2021 Item #9 Page 1 of 6 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 employers faced. (See Executive Orders N-29-20, Paragraph 3, and N-08-21, Paragraph 42.) The Executive Orders expired on Sept. 30, 2021 and AB 361 replaced them. Like the Executive Orders, AB 361 applies during a state of emergency proclaimed by the Governor. (California Government Code, Section 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. (California Government Code, Section 52953(e)(1).) If these prerequisites are met, the 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, 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. (California Government Code, Section 54953(e)(2)(A)-(B).) A chart showing the active COVID-19 cases in Carlsbad over time is attached as Exhibit 2 to help inform the City Council’s decision. Options Option 1: Adopt a resolution making findings that it is in the interest of public health to continue holding virtual public meetings until Nov. 18, 2021 Option 2: Direct staff to commence holding in-person public meetings beginning Nov. 1, 2021 Fiscal Analysis The fiscal year 2021-22 budget includes adequate funding to facilitate virtual and in-person meetings. Oct. 19, 2021 Item #9 Page 2 of 6 Next Steps Staff will implement City Council’s direction relating to the manner in which public meetings are conducted for the next 30 days. 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 This item was noticed 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. Active COVID-19 cases in Carlsbad Oct. 19, 2021 Item #9 Page 3 of 6 RESOLUTION NO. 2021-242 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 NOV. 18, 2021 Exhibit 1 WHEREAS, on Sept. 16, 2021, Governor Newsom signed AB 361 whic.h 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 enact.ment 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 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 resultofthe 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 efficiently 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 Nov. 18, 2021. Oct. 19, 2021 Item #9 Page 4 of 6 Return to in person meetings6 mo. ago: 531 yr. ago: 46Exhibit 2 Oct. 19, 2021Item #9 Page 6 of 6 Return to in person meetings 6 mo. ago: 53 1 yr. ago: 46 450 400 350 300 250 200 150 100 so 0 100 • "1rt ••••• ~O, •••• -~ f? ••••• ·=············· ••• ••• Active COVID-19 Cases in Carlsbad 329 248 162 •••• •••• 380 ••• ••• 408 ••• ••• 383 353 321 287 234 234 240 ••• ••• 207 ••••••• ••••••• 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 Sept. 29 Oct. 4 Oct. 13 • •