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Home My WebLink About2023-05-08; Historic Preservation Commission; ; Ratifying actions taken on March 13, 2023Meeting Date: May 8, 2023 To: Historic Preservation Commission From: Mike Strong, Assistant Director of Community Development Staff Contact: Mike Strong, Assistant Director of Community Development Mike.strong@carlsbadca.gov, 442-339-2721 Subject: Ratifying actions taken on March 13, 2023 Recommended Action Adopt a resolution to ratify, confirm, and approve actions taken by the Historic Preservation Commission at their Regular Meeting held on March 13, 2023. Executive Summary The Ralph M. Brown Act, or Brown Act, codified as Government Code sections 54950 through 54963, is California’s open public meeting law. The Brown Act is intended to facilitate public participation in all phases of local government decision-making. Each legislative body of a local agency, except for advisory committees or standing committees, must adhere to the Brown Act’s specific notice and agenda requirements. If action was taken based on improper procedure, the legislative body may cure and correct the violation. The Historic Preservation Commission is being asked to review and consider adoption of a resolution to ratify actions taken at the Regular Meeting held on March 13, 2023 due to improper agenda posting. Discussion The requirements of the Brown Act apply to legislative bodies of local governmental agencies. The term legislative body is defined to include the governing body of a local agency (e.g., the city council) and any commission, committee, board or other body of the local agency, whether permanent or temporary, decision-making or advisory, that is created by formal action of a legislative body (Government Code section 54952). The central provision of the Brown Act requires that all meetings of a legislative body be open and public. The Brown Act definition of the term meeting (Government Code section 54952.2) is a very broad definition that encompasses almost every gathering of a majority of members. The Brown Act’s noticing requirements are based on the principal that the people must be informed and given access and opportunities to participate in local decision-making so they can keep control over their government. Under the Brown Act, every regular meeting of a legislative body of a local agency must be properly noticed by posting of an agenda that advises HISTORIC PRESERVATION COMMISSION May 8, 2023 Item #1 Page 1 of 5 Staff Report the public of the meeting and the matters or issues that the legislative body will be discussing and/or deliberating as action items. Some of the basic requirements are set out below: • Agendas must be posted in a set location that is freely accessible to the public at least 72 hours before the regular meeting (Government Code section 54954.2(a)(1)). • The agenda shall specify the time and location of the regular meeting (Government Code section 54954.2(a)(1)). • There is no prohibition against posting of the agenda and distributing and making agenda packets available to the legislative body and the public earlier than three days before the meeting. In some instances, early distribution is preferred to provide sufficient time for review. • The agenda shall be posted on the agency’s primary internet homepage (Government Code section 54954.2(a)(2)(A)). • In addition to making the agenda available, materials related to agenda items and used by the governing body during a meeting must also be made available for review (Government Code section 54957.5 (b)(2)). In compliance with the Brown Act, the City of Carlsbad posts paper copies of meeting agendas on a bulletin board at City Hall at least 72 housing in advance of the time of the meeting. The City of Carlsbad also posts electronic copies of meeting agendas on its website. This is so the public knows without ambiguity what is to be discussed and voted upon at each meeting. The Historic Preservation Commission last conducted meeting business at the Regular Meeting held on March 13, 2023. Although the city posted the electronic copy of the meeting agenda on the city’s website, staff failed to post a paper copy in its proper location. To address this procedural violation, the Historic Preservation Commission is being asked to adopt a resolution to ratify, confirm, and approve actions taken at the March 13, 2023 Regular Meeting: • Minutes: Approval of the Minutes of the Special Meeting held on Nov. 9, 2022, as presented – Motion carried, 4/0/1. (Exhibit 2) • Item #1: City of Carlsbad Mills Act Program Update and Outreach Plan. Action: to discuss outreach strategies an provide feedback on the City of Carlsbad Mills Act Program Update and Outreach Plan – No action taken. (Exhibit 3) • Item #2: Tour of Properties with Historical Significance. Action: to discuss commissioners touring properties with historical significance – No action taken. (Exhibit 4) • Item #3: Review the Historic Preservation Commission FY 2023-24 Work Plan. Action: to review the Historic Preservation Commission FY 2023-24 Work Plan and adopt a resolution recommending approval of the Fiscal Year 2023-24 Historic Preservation Commission Work Plan – Motion carried, 5/0. (Exhibit 5) Ratifying, confirming, and approving past actions taken does not constitute grounds to invalidate any previous action taken, but it ensures that all business is taken openly and that its deliberations are conducted properly, and that actions taken in violation of open meeting laws are not voided. May 8, 2023 Item #1 Page 2 of 5 Fiscal Analysis There is no direct fiscal impact associated with receiving this information report. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) 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, and therefore does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. Historic Preservation Commission Resolution 2. Minutes of the Special Meeting held on Nov. 9, 2022 3. Item #1 staff report for Regular Meeting held March 13, 2023 4. Item #2 staff report for Regular Meeting held March 13, 2023 5. Item #3 staff report for Regular Meeting held March 13, 2023 6. Video for Historic Preservation Commission Regular Meeting held on March 13, 2023 May 8, 2023 Item #1 Page 3 of 5 Exhibit 1 RESOLUTION NO. . A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, TO RATIFY, CONFIRM, AND APPROVE ACTIONS TAKEN BY THE HISTORIC PRESERVATION COMMISSION ON MARCH 13, 2023 WHEREAS, the Historic Preservation Commission held a regular meeting on March 13, 2023; and WHEREAS, the Ralph M. Brown Act requires that the meeting agenda be posted in a set location that is freely accessible to the public at least 72 hours before the regular meeting as well as on the agency’s primary internet homepage; and WHEREAS, after the meeting staff discovered that only the electronic copy of the meeting agenda had been posted to the city’s website; and WHEREAS, the Historic Preservation Commission wishes to cure and correct this violation. NOW, THEREFORE, BE IT RESOLVED by the Historic Preservation Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the following actions taken by the Historic Preservation Commission at the Regular Meeting held on March 13, 2023, hereinafter described, are hereby ratified, confirmed, and approved: • Minutes: Approval of the Minutes of the Special Meeting held on Nov. 9, 2022 as presented – Motion carried, 4/0/1. • Item #1: City of Carlsbad Mills Act Program Update and Outreach Plan. Action: to discuss outreach strategies an provide feedback on the City of Carlsbad Mills Act Program Update and Outreach Plan – No action. • Item #2: Tour of Properties with Historical Significance. Action: to discuss commissioners touring properties with historical significance – No action. • Item #3: Review the Historic Preservation Commission FY 2023-24 Work Plan. Action: to review the Historic Preservation Commission FY 2023-24 Work Plan and adopt a resolution recommending approval of the Fiscal Year 2023-24 Historic Preservation Commission Work Plan – Motion carried, 5/0. May 8, 2023 Item #1 Page 4 of 5 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to execute any documents necessary to implement this Resolution and all acts taken by City Officials prior to this Resolution concerning the subject matter of this Resolution are hereby ratified and approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Historic Preservation Commission of the City of Carlsbad on the __ day of ________, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: ______________________________________ CHAD MAJER, CHAIR ______________________________________ JUSTYN CHAMBERLAIN, SENIOR OFFICE SPECIALIST May 8, 2023 Item #1 Page 5 of 5