HomeMy WebLinkAboutItem 4.11 - 3150 Changes to Teleconference Rule (2)
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STAFF REPORT
CITY COUNCIL
DATE: March 17, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Amending and Restating the Rules for the Conduct of Meetings of the City
Council to Authorize All-Teleconference Meetings
Prepared by: Lauren Quint, Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council with consider a resolution amending the Rules for the Conduct of
Meetings of the City Council. The amended rule would allow City Council meetings to
be conducted entirely by teleconference when it is determined by the City Manager that
an all-teleconference meeting is required due to an emergency or is in the interest of
public health and safety.
STAFF RECOMMENDATION:
Adopt the Resolution Amending and Restating the Rules for the Conduct of Meetings
of the City Council.
FINANCIAL IMPACT:
None.
DESCRIPTION:
City Council meetings are essential to the City’s operations. On March 11, the California
Department of Public Health issued guidance for gatherings in an effort to contain the
spread of COVID-19. This guidance indicates that the following should be cancelled or
postponed: (a) all non-essential gatherings of 250 people or more and (b) non -essential
gatherings of fewer than 250 people in venues that do not allow social distancing of six
feet per person. The City Manager plans to incorporate these recommendations into
the operation of City Council meetings, including maintaining six feet of separation
between attendees. In addition, Staff is developing a process to allow written comments
to be submitted through the City’s website and read out during the meeting. This
process is designed to balance the public’s right to participate in City Council meetings
and the counter interest in protecting the public health.
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Should the federal government, the state, or Alameda County Public Health Department
issue more restrictive requirements on gatherings, additional measures may be
necessary. This staff report and related resolution address that scenar io.
The Brown Act allows meetings to be held by teleconference, subject to certain
restrictions. At least a quorum of the City Council must participate from teleconferencing
locations within the City’s jurisdiction. Each teleconference location must be identified in
the notice and agenda of the meeting. Agendas must be posted at each teleconference
location, and each location must be accessible to the public. Finally, the agenda must
provide the opportunity for the public to address the legislative body at each
teleconference location and all votes must be by roll call.
The existing Rules for the Conduct of Meetings of the City Council do not anticipate a
scenario where all Councilmembers participate by teleconference. The Rules permit
teleconferencing in rare cases and exceptional circumstances. Only one
Councilmember is permitted to attend by teleconference per meeting and gives priority
to the first Councilmember to notifies the City Clerk of his or her intention to do so.
The proposed revisions will allow an “all-teleconference” meeting when it is determined
by the City Manager that such meeting format is appropriate due to an emergency or in
the interest of public health and safety.
All-teleconference meetings will still be required to abide the Brown Act and other
applicable state laws and regulations.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Amending and Restating the Rules for the Conduct of Meetings of the
City Council
RESOLUTION NO. - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF
MEETINGS OF THE CITY COUNCIL
WHEREAS, from time to time the City Council amends and restates the Rules of Conduct of
Meetings of the City Council, and the Rules were last restated by Resolution No. 62-17; and,
WHEREAS, the City Council wishes to amend and restate the Rules in order to allow for all-
teleconference meetings in the event of an emergency or when an all-teleconference meeting is in
the interest of public health and safety.
NOW, THEREFORE, BE IT RESOLVED that subsection 8 of the Rules for the Conduct of
Meetings of the City Council is hereby amended to read as follows:
8. TELECONFERENCING
In rare cases and exceptional circumstances, the City Council permits teleconferencing by City
Councilmembers at regular and special City Council meetings. Only one (1) Councilmember is
permitted to attend via teleconference per meeting. The first Councilmemb er who notifies the
City Clerk of his or her intention to do so will be permitted to attend by teleconference. Only
audio teleconferencing is permitted. Video conference or any other form of non -telephonic
communication are not approved forms of teleconfe rencing of City Council meetings.
Nothwithstanding the foregoing, City Council meetings may be conducted entirely by
teleconference when it is determined by the City Manager or their designee that an all -
teleconference meeting is necessary due to an emerge ncy or is in the interest of public
health and safety. An all-teleconference meeting shall comply with all state laws
governing teleconferencing.
PASSED, APPROVED AND ADOPTED this 17th day of March, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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