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HomeMy WebLinkAbout4.12 - 3172 Changes to Teleconference Rule - CommissionSTAFF 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 Page 1 of 2 Page 2 of 2 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