HomeMy WebLinkAbout2022-01-11; City Council; ; Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings Beginning Jan. 15, 2022Meeting Date: Jan. 11, 2022
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 Beginning Jan. 15, 2022
Districts: All
Recommended Action
Discuss how to proceed with public meetings until Feb. 10, 2022, and take one of the following
actions:
1.Consider adopting a resolution making findings to authorize the continuation of virtual
public meetings until Feb. 10, 2022
2.Direct staff to resume in-person public meetings beginning Jan. 15, 2022
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.1 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 Dec. 14, 2021, the City Council made
findings to conduct all public meetings virtually until Jan. 14, 2022. 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.
1 This flexibility was scheduled to sunset on Jan. 31, 2022; however, on Jan. 5, 2022, the Governor issued Executive
Order N-1-22, which extends this flexibility through Mar. 31, 2022.
Jan. 11, 2022 Item #11 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 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 Feb. 10, 2022
Option 2: Direct staff to commence holding in-person public meetings beginning Jan. 15,
2022
Jan. 11, 2022 Item #11 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
Jan. 11, 2022 Item #11 Page 3 of 6
Exhibit 1
RESOLUTION NO. 2022-010
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 FEB. 10, 2022
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 and its variants spread 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 or the disease and its variants 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 Feb. 10, 2022.
Jan. 11, 2022 Item #11 Page 4 of 6
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 111' clay of January 2022, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Norby.
NAYS: Hall.
ABSENT: None.
1 -6#71-Zef
MATT HALL, Mayor
ØVIOAV1EDlNM3v Clerk Services Manager
(SEAL)
Jan. 11, 2022 Item #11 Page 5 of 6
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1000
800
600
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Active COVID-19 Cases in Carlsbad
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear Council,
Diana A <dra805@gmail.com>
Monday, January 10, 2022 3:01 PM
City Clerk
Agenda item #11. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR
RESUME IN-PERSON PUBLIC MEETINGS BEGINNING JAN. 15, 2022
All Receive -Agenda Item # 1.}_
For the Information of the:
Please continue to offer access to the public meetings virtually.
CllY COUNCIL
Date,/Jcl:11 CA ,;r cc::_
CM .,,,,,,----ACM ✓DCM(3) /
Due to the COVID variants, it is safer to continue meeting virtually.
In addition, I hope the Council can adopt a hybrid type of meeting. Offering the virtual
meetings provides access to many of us with full time jobs or that can't drive down to
the City Hall and participate in person.
Thanks,
Diana Aguirre
D3 Resident
CAUTION: Do not open attachments or click on links unless nize the sender and know the content i
safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Lennie A < lenarkans@gmail.com >
Monday, January 10, 2022 5:38 PM
All Receive -Agenda Item# fL
For the Information of the:
CITY COUNCIL DateLIJJ/;b-CA --CC .,..-
91 ~tGPfia 11ai-:--cc
City Clerk; Scott Chadwick; Matthew Hall; Keith Blackburn
Carlsbad City Council Meeting: Jan.11, 2022 ... Agenda #11 Virtual Public Meetings vs. In
Person
Dear Mayor Hall and elected City Council representatives,
How about we compromise and hold hybrid Council meetings beginning January 15th? We can have the unmasked
citizens outside in the courtyard, masked within the city hall with our elected officials? Or better yet, have the meetings
outside in the courtyard and forget about the indoor mask mandate altogether?
What I have found interesting is the chart the City has provided regarding the number of CoVid cases from December
8th, the beginning of the indoor mask mandate, to the present day. It starts with 208 cases, 258 cases the following
week, 321 on the third week, to 714 by 12/29th. By January 5th, cases jumped to 1,543 cases in Carlsbad. Gov.
Newsom has now extended the indoor mask mandate to February 15th??! Does he, or do you all expect the number of
cases to increase or decrease after seeing last months numbers rise during the indoor masking mandate? Could we be
doing something wrong?? The definition of "insanity" is to do the same thing over and over again expecting a different
outcome! Or does this county and State want increased numbers? Which is it? Can you not learn from other States
that are not having an increase in cases? Why are we not counting the number of deaths anymore? Is this information
not significant compared to the numbers of overdoses in the county?
We are going into our third year with CoVid 19 and the Omicron variant. We need to stop trying to "end" the virus and
begin learning to live with it. The majority of Carlsbadians have been vaccinated, many
naturally immunized. Vaccinations have saved and protected the lives of the elderly and highly compromised individuals
and have prevented the majority of vaccinated from hospitalization. Don't forget: there are treatments available for the
infected such as monoclonal antibodies, Remdesovir, lvermectin, and Hydroxychloriquine, Vit D, Zinc, Quercitin, etc ...
The City and its elected officials need to stop using the CoVid 19 as an excuse, and return back to work in person as all
first responders, and every working private citizen and government workers are forced to do!
CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
kelly.leberthon12@gmail.com
Tuesday, January 11, 2022 8:46 AM
City Clerk
Agenda Item 11, Jan 11 2022 Council Meeting
Jan 11 2022 Comments to Council on City Manager's Weekly Report
Recently, the City Manager's Weekly Report shared information on Covid that went beyond just
reporting the numbers of new cases, but also included information on effective treatments against
the virus and testing scams. I found this helpful, informative and closer to painting a more real and
true picture of Covid.
Going forward, I'd like to encourage the city to continue to offer more information on fighting the
virus because knowledge is power and an informed individual can make better decisions for
themselves and their families.
New studies and treatments are reported every week-and can calm the fears of many people.
Just this week for example:
Researchers with Imperial College London found in the new study found that T Cells From
Common Colds Cross-Protect Against Infection With COVID-19
https://www.theepochtimes.com/mkt morningbrief It-cells-from-common-colds-cross-protect-
against-infection-with-covid-19-
study 4203409.html?utm source=Morningbrief&utm medium=email&utm campaign=mb-2022-01-
11 &mktids=2e63bc4dcdf4dbfl d2375481 e 17904fe&est=7DYVOmZilzxs2263J5oZ1 gjiLEqgV J0Lz%2FuOM
MNcBG%2BIV3fUNbpgw8ssbJ3kpBFgcYGKgDN4KQ%3D%3D
New studies in the UK, South Africa indicate "Omicron's spread has been so rapid and widespread
that it will lead to many people having mild disease, while developing immunity to subsequent
infection by earlier variants, including Delta ... likely it would provide protection against future variants,
too." https://www.city-journal.org/silver-lining-to-omicron-variant-of-covid-l 9
While this is all GREAT NEWS on the covid front, there is not good news on the consequences of
lockdowns and vaccine mandates.
"Dr. Marty Makary wrote in Med Page Today: "My research team at Johns Hopkins partnered with
FAIR health to study pediatric COVID-19 deaths using approximately half of the nation's health
insurance data. We found that 100% of pediatric COVID-19 deaths were in children with a pre-
existing condition ... And so, for those reasons, good doctors would never, ever consider vaccination
of a child," McCullough said ... McCullough said the COVID-19 vaccine clinical trials that were done
with children aged 12-17 did not provide data that supported vaccinating healthy children. Dr. Ron
Kostoff published a study in PubMed that suggests vaccinating children is not worth the risk.
The bottom line: Healthy Children Do Not Need to Be Vaccinated Against COVID-19
1
https://www.theepochtimes.com/mkt morningbrief/dr-peter-mccullough-healthy-children-do-not-
need-to-be-vacc i nated-aga i nst-covi d-
19 4197517.html?utm source=Morningbrief&utm medium=email&utm campaign=mb-2022-01-
1 0&m ktids=0845cd4 l ac 70baad6e092ad67 a8 l 38 l f &est=B0UteLnaYla P%2B LJ LLyWlvm V%2FK%2B 9 EkB%
2FSUDk0azvt5GjsvxMTzRuTOkC6klMIMv7S0842uoPHJw%3D%3D
Mandatory vaccination is also losing in the courts. Carlsbad's own Sharon McKeeman, who started
the Let Them Breathe and Let Them Choose groups to advocate for choice on masking and
vaccinating, and her legal team had a judge rule in favor of their lawsuit against the San Diego
Unified School District (SDUSD) for implementing a vaccine mandate for students 16 and older.
"The legal challenge was filed by the group Let Them Choose on Oct. 12 after the SDUSD school
board unanimously approved the vaccine mandate for students. Let Them Choose is a group
formed by Let Them Breathe, an organization against mask mandates for K-12 students. Let Them
Choose was launched to advocate for choice in education, including the right to refuse the COVID-
19 vaccine."
https ://www. thee poc hti mes. com/ m kt morning brief /judge-bloc ks-san-dieg o-u n ified-sc h ool-district-
va cci n e-ma ndate 4186634.html
Sadly, the lockdowns and fear mongering by the media and political elites have resulted in massive
self-harm and suicide rates among children and a staggeringly high death rate in working age
people.
A new CDC study found that "Female Teen Suicide Attempts Increased Sharply During Pandemic
Lockdowns -'female adolescents between ages 12 through 17 have been visiting the emergency
department (ED) at a rate of nearly 51 percent higher than the same time frame in 2019 before the
lockdowns were enforced. During the same time, in the case of male teenagers of the same age,
officials noted nearly a 4 percent increase in visits to the ED for suspected suicide attempts.
https://www.theepochtimes.com/m kt morningbrief /female-teen-suicide-attempts-increased-sharply-
during-pandemic-
lockdowns 3855862.html?utm source=Morningbrief&utm medium=email&utm campaign=mb-2021-
06-
l 3&mktids=449ec600059faf72cddaffece5435eb6&est=OKKIVmSF JlyKKalSA5XVMG 1 VFSGqrReNmD07Ix
2J Dq4IFzbBdP 5Nh KV2w5mgbAysy2muzps6yw%3D%3D
"New CDC Data Shows Record Overdose Deaths During Lockdowns -The spike in overdose deaths
was especially grave for young people, with approximately 57 more deaths per day than the
previous year among people under the age of 45. This number far outstripped the 30.4 daily COVID-
19 deaths among people under 45 in 2020.
This is the second time the CDC has released numbers showing the devastating toll that lockdowns
have had on adolescents. The CDC previously reported that one in four young people have had
suicidal thoughts during lockdowns." https://catholicvote.org/new-cdc~data-shows-record-overdose-
deaths-during-lockdowns/
"The head of OneAmerica insurance said the death rate is up a stunning 40% from pre-pandemic
levels among working-age people ... and that's it's not elderly people who are dying, but "primarily
2
working-age people 18 to 64" and that "Most of the claims for deaths being filed are not classified as
COVID-19 deaths, Davison said."
https://justthenews.com/nation/states/indiana-life-insurance-ceo-says-deaths-are-40-among-people-
ages-18-64
The picture should be clear -we need all the information on covid -not just the number of cases for
the week. To learn to live with this virus we need more information on therapeutics and treatments -
and not only the Big Pharma costly treatments, but the inexpensive but medicines that have been
around for decades and are inexpensive and effective against the virus.
The data is clear -masking and fearmongering are taking a devastating toll on our children. This has
got to stop. What we are doing to an entire generation of children is reprehensible.
Let's perpetuate this positive trend of more information in the City Manager's Report.
CAUTION: Do not o en attachments or click on links unless you recognize the sender and know the content i
3
Tammy Cloud-McMinn
From:
Sent:
To:
Cc:
Lennie A <lenarkans@gmail.com>
Tuesday, January 11, 2022 9:11 AM
kelly.leberthon12@gmail.com
City Clerk
Subject: Re: Agenda Item 11, Jan 11 2022 Council Meeting
Wow! Just wow!!!
Lennie Arkans, RN
Vascular Specialist, ACI Medical, LLC
M: (619) 787-8100
E: Lenniea@acimedical.com
0: (888) 453-4356
1857 Diamond Street
San Marcos, CA 92078
On Jan 11, 2022, at 08:45, kelly.leberthon12@gmail.com wrote:
Jan 11 2022 Comments to Council on City Manager's Weekly Report
Recently, the City Manager's Weekly Report shared information on Covid that went
beyond just reporting the numbers of new cases, but also included information on
effective treatments against the virus and testing scams. I found this helpful, informative
and closer to painting a more real and true picture of Covid.
Going forward, I'd like to encourage the city to continue to offer more information on
fighting the virus because knowledge is power and an informed individual can make
better decisions for themselves and their families.
New studies and treatments are reported every week -and can calm the fears of
many people.
Just this week for example:
Researchers with Imperial College London found in the new study found that T
Cells From Common Colds Cross-Protect Against Infection With COVID-19
https://www.theepochtimes.com/mkt morning brief /t-cells-from-common-colds-cross-
protect-against-infection-with-covid-19-
study 4203409.html?utm source=Morningbrief&utm medium=email&utm campaign=m
b-2022-01-
1
11 &mktids=2e63bc4dcdf4dbfl d237548 le l 7904fe&est=7DYVOmZilzxs2263J5oZ l gjiLEqgV
J0Lz%2FuOMMNcBG%2BIV3fUNbpgw8ssbJ3kpBFgcYGKgDN4KQ%3D%3D
New studies in the UK, South Africa indicate "Omicron's spread has been so rapid and
widespread that it will lead to many people having mild disease, while developing
immunity to subsequent infection by earlier variants, including Delta ... likely it would
provide protection against future variants, too." https://www.city-journal.org/silver-
lining-to-omicron-variant-of-covid-l 9
While this is all GREAT NEWS on the covid front, there is not good news on the
consequences of lockdowns and vaccine mandates.
"Dr. Marty Makary wrote in MedPage Today: "My research team at Johns Hopkins
partnered with FAIR health to study pediatric COVID-19 deaths using approximately half
of the nation's health insurance data. We found that 100% of pediatric COVID-19
deaths were in children with a pre-existing condition ... And so, for those reasons, good
doctors would never, ever consider vaccination of a child," McCullough
said ... McCullough said the COVI D-19 vaccine clinical trials that were done with
children aged 12-17 did not provide data that supported vaccinating healthy children.
Dr. Ron Kostoff published a study in PubMed that suggests vaccinating children is not
worth the risk.
The bottom line: Healthy Children Do Not Need to Be Vaccinated Against COVID-19
https://www.theepochtimes.com/m kt morning brief/ dr-peter-mccullough-healthy-
children-do-not-need-to-be-vaccinated-against-covid-
19 4197517.html?utm source=Morningbrief&utm medium=email&utm campaign=mb-
2022-01-
1 0&mktids=0845cd4 l ac70baad6e092ad67 a8 l 38 l f &est=B0UteLnaYlaP%2BLJLLyWlvmV%
2FK%2B9EkB%2FSUDk0azvt5GjsvxMTzRuTOkC6klMIMv7S0842uoPHJw%3D%3D
Mandatory vaccination is also losing in the courts. Carlsbad's own Sharon McKeeman,
who started the Let Them Breathe and Let Them Choose groups to advocate for choice
on masking and vaccinating, and her legal team had a judge rule in favor of their
lawsuit against the San Diego Unified School District (SDUSD) for implementing a
vaccine mandate for students 16 and older.
"The legal challenge was filed by the group Let Them Choose on Oct. 12 after the
SDUSD school board unanimously approved the vaccine mandate for students. Let
Them Choose is a group formed by Let Them Breathe, an organization against mask
mandates for K-12 students. Let Them Choose was launched to advocate for choice in
education, including the right to refuse the COVID-19 vaccine."
https://www.theepochtimes.com/mkt morningbrief/judge-blocks-san-diego-unified-
school-district-vaccine-mandate 4186634.html
Sadly, the lockdowns and fear mongering by the media and political elites have
resulted in massive self-harm and suicide rates among children and a staggeringly high
death rate in working age people.
2
A new CDC study found that "Female Teen Suicide Attempts Increased Sharply During
Pandemic Lockdowns -'female adolescents between ages 12 through 17 have been
visiting the emergency department (ED) at a rate of nearly 51 percent higher than the
same time frame in 2019 before the lockdowns were enforced. During the same time, in
the case of male teenagers of the same age, officials noted nearly a 4 percent
increase in visits to the ED for suspected suicide attempts.
https://www.theepochtimes.com/mkt morningbrief/female-teen-suicide-attempts-
increased-sharply-during-pandemic-
lockdowns 3855862.html?utm source=Morningbrief&utm medium=email&utm campai
gn=mb-2021-06-
13&mktids=449ec600059faf72cddaffece5435eb6&est=OKKIVmSF JlyKKalSASXVMG 1 VFS
GqrReNmD071x2JDq41FzbBdP5NhKV2w5mgbAysy2muzps6yw%3D%3D
"New CDC Data Shows Record Overdose Deaths During Lockdowns -The spike in
overdose deaths was especially grave for young people, with approximately 57 more
deaths per day than the previous year among people under the age of 45. This number
far outstripped the 30.4 daily COVID-19 deaths among people under 45 in 2020.
This is the second time the CDC has released numbers showing the devastating toll that
lockdowns have had on adolescents. The CDC previously reported that one in four
young people have had suicidal thoughts during lockdowns."
https://catholicvote.org/new-cdc-data-shows-record-overdose-deaths-during-
lockdowns/
"The head of OneAmerica insurance said the death rate is up a stunning 40% from pre-
pandemic levels among working-age people ... and that's it's not elderly people who
are dying, but "primarily working-age people 18 to 64" and that "Most of the claims for
deaths being filed are not classified as COVID-19 deaths, Davison said."
----------
https://justthenews.com/nation/states/indiana-life-insurance-ceo-says-deaths-are-40-
among-people-ages-18-64
The picture should be clear -we need all the information on covid -not just the
number of cases for the week. To learn to live with this virus we need more information
on therapeutics and treatments -and not only the Big Pharma costly treatments, but
the inexpensive but medicines that have been around for decades and are
inexpensive and effective against the virus.
The data is clear -masking and fearmongering are taking a devastating toll on our
children. This has got to stop. What we are doing to an entire generation of children is
reprehensible.
Let's perpetuate this positive trend of more information in the City Manager's Report.
CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i
safe.
3
1800
1600
1400
1200
1000
800
600
400
200
0
20 30 36 ---
248
162 1 ii
329
Active COVID-19 Cases in Carlsbad
1543
714
380 408 383 353 321 321 287
iiiiiiiiiiiii