HomeMy WebLinkAbout2021-11-16; City Council; ; Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings on Dec. 1, 2021 Meeting Date: Nov. 16, 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 Dec. 1, 2021
Districts: All
Recommended Action
Discuss how to proceed with public meetings until Dec. 16, 2021 and take one of the following
actions:
1. Consider adopting a resolution making findings to authorize the continuation of virtual
public meetings until Dec. 16, 2021
2. Direct staff to resume in-person public meetings beginning Dec. 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 public meeting 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, because of 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
The Brown Act, the state law governing how government meetings are to be held in public,
provides that if a legislative body elects to use teleconferencing, it must:
• Identify each teleconference location in the public notice and agenda
• Post agendas at all teleconference locations
• Make all teleconference locations publicly accessible
• Provide an opportunity for public comment at each teleconference location.
Nov. 16, 2021 Item #12 Page 1 of 6
In addition, a quorum of the members of the legislative body must participate from locations
within the jurisdictional boundaries of the agency, in Carlsbad’s case, within the city limits. (See
California Government Code Section 54953(b)(3).)
Governor Newsom issued Executive Orders suspending these requirements during the COVID-
19 pandemic to allow for social distancing measures and the remote work environment that all
employers faced. (See Executive Order N-29-20, Paragraph 3, and Executive Order N-08-21,
Paragraph 42.) The executive orders expired on Sept. 30, 2021, and were replaced by AB 361.
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:
• State or local officials have imposed or recommended measures to promote social
distancing.
• 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.
• 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
regular teleconferencing requirements of the Brown Act’s listed 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 to
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 Dec. 16, 2021
Option 2: Direct staff to commence holding in-person public meetings beginning Dec. 1,
2021
Nov. 16, 2021 Item #12 Page 2 of 6
Fiscal Analysis
The fiscal year 2021-22 budget includes adequate funding to facilitate virtual and in-person
meetings.
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
Nov. 16, 2021 Item #12 Page 3 of 6
RESOLUTION NO. 2021-258
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 DEC. 16, 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 teleconferenc_ing 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 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 Dec. 16, 2021.
)
Nov. 16, 2021 Item #12 Page 4 of 6
Exhibit 2
Nov. 16, 2021Item #12 Page 6 of 6