Loading...
HomeMy WebLinkAbout4.13 Authorizing Remote Meetings of City Council and City Commissions Due to IncreaseSTAFF REPORT CITY COUNCIL Page 1 of 3 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. 346 Page 2 of 3 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. 347 Page 3 of 3 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 361 348 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 349 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 350 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 351 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 352 Page 2 of 2 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 2.24 353 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 1 354 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 355 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 2 356 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 5 358 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 5 360