HomeMy WebLinkAboutItem 4.12 - 3172 Changes to Teleconference Rule - Commission (2)STAFF REPORT
CITY COUNCIL
DATE: April 7, 2020
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Resolution Authorizing City Committees and Commissions to Meet
Electronically During Currently Proclaimed Emergency
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
State and local public health shelter-in-place orders prevent the City from holding
meetings at which the public is able to physically attend. The Governor has authorized
legislative bodies to hold electronic meetings during periods in which public health
authorities are recommending “social distancing” measures. Existing City of Dublin
policies prevent City Committees and Commissions from meeting in the manner
contemplated by the Governor’s Executive Order. Staff is proposing a resolution that
would allow City Committees and Commissions to meet electronically during the
emergency.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing City Committees and Commissions to Meet
Electronically During Currently Proclaimed Emergency.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On March 18, 2020, the City Council, by resolution, ratified the City Manager’s
proclamation of a local emergency arising from the COVID-19 pandemic. Among other
things, the resolution specified that the emergency would continue to exist until
terminated by the City Council and cancelled all regular City Council and Commission
meetings during the pendency of the emergency.
In order to allow local agencies to continue meeting despite public health orders
requiring the public to stay at home, the Governor has issued a series of executive
orders that allow legislative bodies to meet telephonically and electronically without
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complying with various limitations in state law that would otherwise require the physical
presence of the public, public officials, and public employees. Presently, the executive
orders allow electronic meetings provided that the public is permitted to observe and
address the legislative body.
The attached resolution would allow City Committees and Commissions to meet
electronically during the current emergency notwithstanding any existing City
restrictions on their doing so. In order to continue conducting essential City business
during the emergency, it may be necessary for City Committees and Commissions to
hold special meetings. Various provisions govern the operation of City Committees and
Commissions, including by-laws and Municipal Code provisions, all of which have been
previously adopted by the City Council. Among other things, these provisions limit the
number of commission members that can participate by telephone and may assume
that a physical presence is required in order to meet the quorum requirement. The
resolution would waive those requirements during the current emergency to allow for
meetings conducted electronically as may be authorized by state law.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Authorizing City Committees and Commissions to Meet Electronically
During Currently Proclaimed Emergency
RESOLUTION NO. XX-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
AUTHORIZING CITY COMMITTEES AND COMMISSIONS TO MEET ELECTRONICALLY
DURING CURRENTLY PROCLAIMED EMERGENCY
WHEREAS, on March 18, 2020 the City Council ratified the City’s Director of Emergency
Services proclamation of a local emergency throughout the City of Dublin as a result of the
community spread of COVID-19; and
WHEREAS, the March 18 resolution cancelled all regular City Council, Committee, and
Commission meetings during the pendency of the emergency; and
WHEREAS, various state and local orders aimed at slowing the spread of the virus that
causes COVID-19 prevent and/or discourage in-person gatherings such as local-agency
meetings, and the Governor, because of these circumstances, has suspended various
provisions of state law that would otherwise require the physical presence of the public, public
officials, and public employees in order to conduct a local agency meeting; and
WHEREAS, in performance of the City’s essential business during the emergency, it
may be necessary for City Committees and Commissions to hold meetings; and
WHEREAS, existing City rules and regulations, including but not limited to Municipal
Code provisions and City Council resolutions, limit the ability of the City Committees and
Commissions to hold electronic meetings; and
WHEREAS, the City Council desires to authorize City Committees and Commissions to
meet electronically, during the currently proclaimed emergency, as may be necessary to
conduct essential City business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that,
notwithstanding anything to the contrary in the Municipal Code and existing City rules and
regulations, City Committees and Commissions may meet electronically during the pendency of
the currently proclaimed emergency, provided that any such meeting shall be conducted in strict
accordance with then-current state law as may be modified Gubernatorial Executive Orders.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this 7th day of April, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
3503793.1