HomeMy WebLinkAbout4.13 Authorizing Remote Meetings of City Council and City Commissions Due to IncreaseSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.13
DATE:June 7, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Authorizing Remote Meetings of City Council and City Commissions Due toIncrease in COVID-19 CasesPreparedby:John Bakker,City Attorney
EXECUTIVE SUMMARY:From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October, the City returned to in-person meetings and at the same time state law changed to require certain findings to be made for an agency to meet remotely. Under the new law, AB 361, the City can conduct virtual meetings where the Governor has proclaimed a State of Emergency and state or local health officials have imposed or recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees. On January 11, 2022, the City Council adopted a resolution pursuant to AB 361authorizing remote teleconferenced meetings for a 30-day period ending February 10, 2022.Dueto the current increase in cases resulting from the Omicron variants,it would be prudent for the City Council and City Commissions to have the ability to attend meetings virtually for at least the next 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.
STAFF RECOMMENDATION:Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.
FINANCIAL IMPACT:None.
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DESCRIPTION:On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.On March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.At that time and through September 2021, the City’s legislative bodies met by teleconference. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.The City of Dublin began meeting in person beginning in October 2021.Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County. Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month.On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may meet remotely when:·The local agency holds a meeting during a declared state of emergency;·State or local health officials have imposed or recommended measures to promote social distancing;·Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022.
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At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City’s legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, 2022 and May 17, 2022 meetings, the City Council adopted Resolution Nos. 39-22 and 48-22, that included the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for 30 days. The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public:·The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services;·The CDC recommends social distancing of at least six feet due to COVID-19;·There’s been an increase of COVID-19 cases within the state and throughout AlamedaCounty;·Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3
RESOLUTION NO. xx-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING
IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETY OF
ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE
TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF DUBLIN
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as
required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member
of the public may attend, participate, and watch the City’s legislative bodies conduct their business;
and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make
additional resources available, formalize emergency actions already underway across multiple state
agencies and departments, and help the State prepare for a broader spread of the novel coronavirus
disease 2019 (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the proclamation
of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom
issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to
allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-20
and its successors, the City Council met primarily virtually through September 2021; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which,
effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local
legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for
local legislative bodies and advisory bodies to conduct meetings via teleconferencing under specified
conditions and includes a requirement that the City Council make specified findings. AB 361 (2021)
took effect immediately; and
WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor
declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or
recommended measures to promote social distancing, or, requires that the legislative body
determines that meeting in person would present imminent risks to the health and safety of
attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has
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Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3
declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta
variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and
Alameda County; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of
concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called
BA.2, have caused surges of COVID-19 and there has been an increase in cases during the last
month in Alameda County; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend
physical distancing of at least 6 feet from others outside of the household; and
WHEREAS, because of the recent rise in COVID-19 cases due in part to the highly contagious
Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who
intend to attend City Council and meetings of the City’s other legislative bodies; and
WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies
holding in person meetings to the health or safety of attendees exists due in part to the Omicron
variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code
section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to
Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron
variants would present imminent risks to the health or safety of attendees, staff, and members; and
WHEREAS, teleconference meetings may include hybrid meetings, in which all or some
members of the legislative body meet in person while others attend by teleconference, and members
of the public are either allowed to participate only by teleconference or both in person and by
teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of
attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants;
and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB
361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:
1.The above recitals are true and correct, and incorporated into this Resolution.
2.In compliance with AB 361 (2021), and in order to continue to conduct teleconference
meetings without complying with the usual teleconference meeting requirements of the Brown
Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, and as
specifically related to the current increase in cases apparently resulting from the
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Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3
Omicron variant, directly impacts the ability of the City Council and the City’s legislative
bodies, as well as staff and members of the public, to meet safely in person; and
c) The CDC continues to recommend physical distancing of at least six feet due to
COVID-19 and as a result of the presence of COVID-19 and the increase of cases due
to the Omicron variant, meeting in person would present imminent risks to the health or
safety of attendees, the legislative bodies and staff.
3.City staff is directed to facilitate any teleconference meetings, including hybrid
meetings, of the City Council and City’s legislative bodies in compliance with AB 361, in order
to better ensure the health and safety of the public for a period of thirty days following the
adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 7th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
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STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.14
DATE:June 7, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Notice of Review of Conflict of Interest CodePreparedby:Marsha Moore,MMC,City Clerk
EXECUTIVE SUMMARY:The Political Reform Act requires every local government agency to review its Conflict of InterestCode biennially to determine if it is accurate or if the Code needs amending. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2022, if there is a need to amend the Conflict of Interest Code.
STAFF RECOMMENDATION:Direct Staff to review the City’s Conflict of Interest Code and take the appropriate action.
FINANCIAL IMPACT:None.
DESCRIPTION:The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amending. The last biennial revision to the City’s Code was approved on October 6, 2020, and an additional revision was approved on May 18, 2021. The City Council is the code reviewing body for City agencies, and the City Council must notify Staff to review the City’s Conflict of Interest Code (Attachment 2)and make a determination, by October 1, 2022, if there is a need to amend the Code. (See Cal Gov’t Code §§ 82011(c), 87306.5). Staff has included those sections as Attachment 1. This Staff Report serves as the City Council’s notice to the City Attorney to consult with Staff and
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determine, by October 1, 2022, if there is a need to update the City’s Code. If, after consultation with Staff, the City Attorney determines that no changes need to be made, the City shall submit a written statement to that effect to the City Council no later than October 1 of the same year. If a notice is filed by October 1, 2022 indicating an amendment is necessary, the amendment must by heard and approved by the City Council within 90 days. The City’s amended Code will not be effective until it has been approved by the City Council.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) California Government Code Sections 82011 and 87306.52) Dublin Municipal Code Chapter 2.24
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State of California
GOVERNMENT CODE
Section 82011
82011. “Code reviewing body” means all of the following:
(a) The commission, with respect to the conflict of interest code of a state agency
other than an agency in the judicial branch of government, or any local government
agency with jurisdiction in more than one county.
(b) The board of supervisors, with respect to the conflict of interest code of any
county agency other than the board of supervisors, or any agency of the judicial branch
of government, and of any local government agency, other than a city agency, with
jurisdiction wholly within the county.
(c) The city council, with respect to the conflict of interest code of any city agency
other than the city council.
(d) The Attorney General, with respect to the conflict of interest code of the
commission.
(e) The Chief Justice of California or the Chief Justice’s designee, with respect to
the conflict of interest code of the members of the Judicial Council, Commission on
Judicial Performance, and Board of Governors of the State Bar of California.
(f) The Board of Governors of the State Bar of California with respect to the conflict
of interest code of the State Bar of California.
(g) The Chief Justice of California, the administrative presiding judges of the
courts of appeal, and the presiding judges of superior courts, or their designees, with
respect to the conflict of interest code of any agency of the judicial branch of
government subject to the immediate administrative supervision of that court.
(h) The Judicial Council of California, with respect to the conflict of interest code
of any state agency within the judicial branch of government not included under
subdivisions (e), (f), and (g).
(Amended by Stats. 2021, Ch. 50, Sec. 134. (AB 378) Effective January 1, 2022. Note: This section
was added on June 4, 1974, by initiative Prop. 9. )
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Attachment 1
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State of California
GOVERNMENT CODE
Section 87306.5
87306.5. (a) No later than July 1 of each even-numbered year, the code reviewing
body shall direct every local agency which has adopted a Conflict of Interest Code
in accordance with this title to review its Conflict of Interest Code and, if a change
in its code is necessitated by changed circumstances, submit an amended Conflict of
Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303
to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency
head shall submit a written statement to that effect to the code reviewing body no
later than October 1 of the same year.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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Chapter 2.24
CONFLICT OF INTEREST CODE
Sections:
2.24.010 Purpose.
2.24.015 Incorporation of model code.
2.24.020 Designated positions.
2.24.030 Disclosure statements.
2.24.010 Purpose.
Pursuant to the provisions of Government Code Section 87300, et seq., the following provisions constitute the
conflict of interest code for the city of Dublin. Nothing contained herein is intended to modify or abridge the
provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The
provisions of this code are additional to Government Code Section 87100 et seq., and other laws pertaining to
conflicts of interest. (Ord. 14-16 § 1 (part))
2.24.015 Incorporation of model code.
The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it, duly
adopted by the Fair Political Practices Commission, are hereby incorporated herein by reference. (Ord. 14-16
§ 1 (part))
2.24.020 Designated positions.
For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers,
Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest
code as full disclosure is required by Government Code Section 87200 et seq.
The positions listed in this section are designated positions, and this section is hereby deemed the Appendix
referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions
are designated public officials, and are deemed to make, or participate in the making of, decisions which may
foreseeably have a material financial effect on a financial interest of the designated public official. Each
designated public official shall file an annual statement disclosing that public official’s interests as required by
the disclosure category applicable to that public official.
Designated Position Disclosure
Category
Administrative
Services
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 1 of 5
Attachment 2
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Direc tor/Direc tor of
Financ e 3
Ass is tant City
Attorney 1
Ass is tant City
Manager 1
Ass is tant to the City
Manager 1
Ass is tant Director of
Administrative
Servic es/Budget 3
Ass is tant Director of
Community
Development 1
Ass is tant Director of
Parks and
Community Services 2, 3
Ass ociate Civil
Engineer 1
Capital Improvement
Program (CIP)
Manager 1
Chief Building
Offic ial 1
Chief Information
Sec urity Offic er 1
City Clerk 3
City Clerk/Records
Manager 3
City Engineer 1
Code Enforc ement
Offic er 1
Communic ations
Manager 1
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 2 of 5
357
Manager 1
Community
Development
Direc tor 1
“Consultant”* as
defined in FPPC
Reg. sec t. 18700.3 1
Deputy City Clerk 3
Economic
Development
Direc tor 1
Economic
Development
Direc tor/Public
Information Officer 1
Env ironmental
Coordinator 1
Financ e Analyst 1
Heritage and
Cultural Arts
Manager 1
Housing Specialist 1
Human Res ources
Direc tor 3
Human Res ources
Manager 3
Information Serv ic es
Manager 3
Parks and
Community Services
Direc tor 1
Plan Check
Engineer 1
Principal Planner 1
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 3 of 5
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Public Works
Direc tor/Assis tant
City Engineer 1
Public Works
Manager 1
Public Works
Maintenanc e
Superintendent 1
Public Works
Transportation and
Operations Manager 1
Recreation Manager 3
Recreation
Supervisor 2, 3
Senior Civ il
Engineer 1
Senior Code
Enforcement Officer 1
Senior Planner 1
Spec ial Projects
Manager 1
Senior Public Works
Ins pec tor 1
Designated Boards
and Commissions
Disclosure
Category
Human Serv ices
Commission 1
Heritage and
Cultural Arts
Commission 1
Parks and
Community Services
Commission 1
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 4 of 5
359
* Consultants /new positions shall be inc luded in the list of des ignated employees and s hall dis close purs uant
to the terms of the Disclos ure Category 1, subject to the following limitation:
The City Manager may determine in writing that a partic ular c onsultant or new position, although a
“designated position,” is hired to perform a range of duties that is limited in s cope and thus is not required to
fully comply with the disclos ure requirements in this chapter. Such a written determination s hall inc lude a
des c ription of the c onsultant’s or new position’s duties and, based upon that description, a s tatement of the
extent of the dis closure requirements. The City Manager’s determination is a public rec ord and s hall be
retained for public inspec tion in the same manner and location as this c onflic t of interes t c ode. (Gov . Code
Sec tion 81008.)
(Ord. 3-21 § 1; Ord. 16-20 § 1; Ord. 9-18 § 1; Ord. 14-16 § 1 (part))
2.24.030 Disclosure statements.
Des ignated pos itions shall be ass igned to one (1) or more dis c losure categories s et forth in this section. The
disclos ure c ategories shall be spec ifically des c ribed as s et forth in this sec tion. Each employee or offic er
holding a des ignated position s hall file statements disclos ing that employ ee’s or officer’s interests in
inves tments , real property, inc ome and positions of management designated as reportable under the c ategory to
whic h the employee’s or officer’s position is ass igned at the time, plac e and in the manner as hereinafter
provided.
A. Dis c losure Category 1. Interests in real property located within the city or within two (2) miles of the
boundaries of the city or within two (2) miles of any land owned or used by the city ; and inves tments and
business pos itions in busines s entities, and income, inc luding loans , gifts , and travel pay ments.
B. Dis c losure Category 2. Interests in real property located within the city or within two (2) miles of the
boundaries of the city or within two (2) miles of any land owned or used by the city .
C. Disclos ure Category 3. Investments and bus ines s positions in bus iness entities, and inc ome, including
loans , gifts , and travel payments, from s ources that provide s erv ices , s upplies , materials, machinery , or
equipment of the type utiliz ed by the city . (Ord. 14-16 § 1 (part))
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal C ode Chapter 2.24 C ONFLICT OF INTER EST COD E Page 5 of 5
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