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Home My WebLink About2022-02-08; City Council; ; Determination to Continue Virtual Public Meetings or Resume In-Person Public Meetings Beginning Feb. 11, 2022Meeting Date: Feb. 8, 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 Feb. 11, 2022 Districts: All Recommended Action Discuss how to proceed with public meetings until March 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 March 10, 2022 2.Direct staff to resume in-person public meetings beginning Feb. 11, 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. 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 Jan. 11, 2022, the City Council made findings to conduct all public meetings virtually until Feb. 10, 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. Feb. 8, 2022 Item #6 Page 1 of 6 CA Review CKM 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 (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 (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 March 10, 2022 Option 2: Direct staff to commence holding in-person public meetings beginning Feb. 11, 2022 Feb. 8, 2022 Item #6 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 Feb. 8, 2022 Item #6 Page 3 of 6 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 MARCH 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; or 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 of 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 March 10, 2022. Exhibit 1 Feb. 8, 2022 Item #6 Page 4 of 6 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: _____________________________________ MATT HALL, Mayor ______________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Feb. 8, 2022 Item #6 Page 5 of 6 Exhibit 2FeĀ. 8, 2022 Item #6 PaĀe 6 of 6 ICaylin McCauley From: kelly.leberthon12@gmail.com Tuesday, February 8, 2022 8:30 AM City Clerk All Receive -Agenda Item # J£_ For the Information of the: Sent: To: CITY COUNCIL Subject: Feb 8 City Council Mtg City Manager's Report Date 1,, Jg/ 1.,tcA __{_ CC ✓ CM ✓ ACM ✓ DCM(3)L The City Manager's Weekly Covid Report should include the whole story -NOT only the New Cases Number. Pushing the panic button of increased cases only spreads fear. And constant fear allows the 2 year State of Emergency to continue. Why does this matter? Because there will be new variants. And with the new variants will come increases in case numbers. And with this, our 'leaders' -or tyrants would be a better description -will insist on the state of emergency continuing -allowing the tyrants control of our lives. We will never get back to normal. What should be reported are the deaths FROM covid -(*not the deaths WITH covid). Effective and Early treatment of covid. Effective treatment is early treatment-and is inexpensive. " ... Dr. Peter McCullough's treatment protocol, which consists of hydroxychloroquine, ivermectin, monoclonal antibodies, prednisone, and other low-cost generic drugs. They also prescribe vitamins D and C, and zinc." https://www.theepochtimes.com/doctors-organization-has-treated-over-150000- covid-19-patients-with-99-99-percent- survival 4236896.html?utm source=Morningbrief&utm campaign=mb-2022-02- 0S&utm medium=email&est=XBa4T2J4Ocdpgnl dQA T8rFKKOniu%2FZmeOf5c3oli4WF2W 6DtlbaVOfSfz 3CbB4qStu9OhNB7Wg%3D%3D The pandemic is over and the State of Emergency must end. Please allow the City Manager's Weekly Report to reflect and announce the following truths: 1. We have medicines that are available, inexpensive, and most importantly effective in fighting the covid wuhan virus. https://www.theepochtimes.com/new-study-on-ivermectin-should-convince-any- naysayer-dr-pierre-kory 4249502.html?utm source=Morningbrief &utm campaign=mb- 2022-02- 02&utm medium=email&est=HHMYjoLDRYnRvSfmM 173YKLi8tR2E85OHydngNm9p7XmZ Y gOGvl%2BXXc5CQO 1 UQKz0mk2YspAZg%3D%3D and 2. The Lockdowns did NOT work to combat the covid wuhan virus, but were in fact devastating to our country's economy and the well being of our children https://www.dailywire.com/news/johns-hopkins-study-lockdowns-had-little-to-no- effect-on-covid-19-mortality-but-had-devastating-effects-on-society 3. Masks do NOT work to stop the spread of the covid wuhan virus -even the Governor doesn't wear one https://nypost .com/2022/01 /09 /omicron-stats-show-we-dont-need-mask-mandates-or- vaccine-requirements/ 1 4. Vaccines should NOT be mandatory -on any level or at any age; they should be a personal medical choice; mandating vax is divisive and wrong; Natural Immunity-the decidedly best protection against future infection -must be allowed to be factored in https://www.lifesitenews.com/news/fssp-priest-slams-church-leaders-that-support- unjust-vac cine-mandates-that-violate-human-rights/ and https://www.dailysignal.com/2022/02/01 /covid-19-pandemic-lies-biden- fauci/?utm source=TDS Email&utm medium=email&utm campaign=MorningBell&mkt tok=ODI0LU 1 IVC0zMDQAAAGCWPHqkF03x5TROjpTqimMP6uFbwqVX2JdxyOTArZHUD WW 56aGI 1 XZyNG 1 JhOQt8V JOeAaHwMpAg0mkW7FB- EILWbazlw51 1 FzBFv URJUNQvWqnR CAUTION: Do not open attachments or click on Unks unless ou recognize the sender and know the content i safe. 2 February 8, 2022: Carlsbad City Council Meeting: Agenda #6 Dear Mayor Hall, Mayor ProTem Blackburn, City Manager Chadwick, Representatives, and staff, The Council members just gave themselves a $9,000 dollar raise. The council needs to get back to the Dias. With all the City Manager's reports showing decreasing numbers of "cases" in Carlsbad, and Gov. Newsom's talk of ending the indoor mask mandates this upcoming Superbowl weekend, the council should introduce using the "Hybrid" model. All members in the chambers, as well as the council, need to be given the choice to wear a mask, or not. Having herd immunity is the goal. Vaccines and masks do not prevent the spread of the virus as numerous studies have shown. After two years, I believe we have gotten there and the World and this city needs to accept the fact that we will have to live with this virus, or forever live in fear! Everyone is tired of these "mandates" from all over the World! Leaders lead ... lead by example and open the City Council doors and begin doing your jobs in person, with the option of going hybrid! Thank you, Ellie Arkans-District 4 1 Active COVID-19 Cases in Carlsbad 4000 3715 3500 3200 3000 2831 2500 1990 2000 1543 1500 1000 714 500 20 30 36 329 380 408 383 353 321 287 321 :■i1llll11iiiiiiiiil ■ii1 0 -- - ~~~~~A~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 'V 'V \ \ \ -v -v "V °> Oj °> "-;:--$>,$)--$> ")., ").,"'-y"'-y").,")., ")., ").,◊◊◊ y y y STARTING FEB. 16, 2022 New State Mask Requirements tc==J Schools ••• •••••• •• er-~e "Congregate" ••• Day care Correctional facilities Shelters Health care settings Transit Cooling centers Adult and senior care facilities Youth settings *** “Booster shots are not required to be considered fully vaccinated” -C D P H 1 / 3 1 / 2 0 2 2 Staff Recommendation “Carlsbad City Council Chambers resume in-person meetings beginning March 1, 2022, with best practice precautions in place”