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HomeMy WebLinkAbout2013/05/28 Item 11CITY COUNCIL AGENDA STATEMENT -^ - .:, ,:, ~ ® \~I l/ CITY OF "~" CHULA VISTA MAY 28, 2013, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A POLICY GOVERNING THE USE OF TELECONFFERENCING BY CITY COUNCILMEMBERS FOR PARTICIPATION IN CITY COUNCIL MEETINGS SUBMITTED BY: CITY ATTORNEY ~(~ REVIEWED BY: CITY ATTORNEY 4/STHS VOTE: YES ~ NO SUMMARY The City Council previously directed the City Attorney to prepare a City Council policy to prohibit off-site attendance at City Council meetings by City Councilmembers. In response, the City Attorney drafted the policy being presented. The draft policy sets forth the Brown Act requirements for teleconferencing, states that it is the City's policy that Councilmembers attend meetings in person, and identifies certain, limited circumstances under which it may be permitted, subject to approval by a majority of the Council. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the_ proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only adoption of a policy that governs how teleconferencing can be used for City Council meeting and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environmental; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Staff recommends that the City Council consider the policy, make whatever modifications they deep appropriate and adopt the resolution approving same. 11-1 MAY 28, 2013, Item ~~ Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION None. DISCUSSION I. Background At the City Council meeting on March 26, 2013, the City Council discussed Councilmembers participating in City Council meetings from off-site locations. The City Council has had the opportunity to experience the use of teleconference participation by Councilmembers during a couple of recent City Council meetings. Councilmembers voiced concerns regarding the additional cost and time involved with: (i) establishing and maintaining a remote connection throughout the meeting; and (ii) meeting the additional Brown. Act requirements associated with remote participation. In addition, Councilmembers stated the importance of attending the meetings in-person in order to facilitate interaction and communication with the public, with other City Councilmembers and with City staff. Accordingly, the Council directed the City Attorney to prepare a policy that would prohibit off-site participation. The policy being presented to the City Council was prepared in response to that direction. II. The Policy The Ralph M. Brown Act (California Government Code sections 54950, et seq., the "Brown Act") governs the meetings of legislative bodies. The Brown Act defines "teleconference" as a "meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both."t Pursuant to the Brown Act, the City would have to comply with numerous requirements in conducting a meeting by teleconference. These include the following: 1. At least a quorum of the Council must participate from locations within the City; 2. All votes taken during the teleconferenced meeting must be taken by roll call; 3. Agendas must be posted at all teleconference locations; 4. Each teleconference location must be identified in the notice and agenda of the meeting; 5. Each teleconference location must be accessible to the public; 6. The teleconference meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties and public appearing before the Council; and 7. The agenda for each teleconference meeting must provide an opportunity for members of the public to address the Council directly, at each teleconference location. (This requirement means that each location, including private homes, offices or hotel rooms, must be open to the public, accessible to the disabled and allow the members of the public to hear and testify.) ~ Cal. Gov't Code §54956(b)(4). 11-2 MAY 28, 2013, Item +~~ Page 3 of 3 The policy being presented for City Council consideration would make it the City's policy that all Councilmembers attend the City Council in-person, but would allow remote participation in certain limited circumstances, if approved by the Council and if the Brown Act requirements could be met. Those limited circumstances are summarized as: (i) emergency circumstances involving the serious illness of the City Councilmember, the death or serious illness of a family member, or other urgent, unavoidable and unplanned circumstance requiring the Councilmember to be out of town; or (ii) special circumstances such as the City's scheduling of a previously unplanned meeting, or the need for the Councilmember's attendance to constitute a quorum (the Councilmember would have to be participating from within the jurisdiction, pursuant to the Brown Act), or an item requiring asuper-majority. The policy also sets forth the procedure by which a majority of the Councilmembers would have to agree to allow remote participation in each instance. A copy of the draft policy is provided for your consideration, as Attachment A to this Agenda Statement. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor. has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact to the General Fund by adoption of this policy. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund by adoption of this policy. ATTACHMENTS Attachment A: [Draft] Council Policy Regarding Remote Council Meeting Participation by Councilmembers 11-3 RESOLUTION N0.2013 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A POLICY GOVERNING THE USE OF TELECONFFERENCING BY CITY COUNCILMEMBERS FOR PARTICIPATION IN CITY COUNCIL MEETINGS WHEREAS, the City Council has had the opportunity to experience the use of teleconference participation by Councilmembers during a couple of recent City Council meetings; and WHEREAS, based on those experiences, and public comment, the Council has decided it would be in the best interest of the City and'the public to require City Councilmembers to attend City Council meetings in person, and to limit the Councilmembers' remote participation to emergency or special circumstances; and WHEREAS, the City Council has determined that doing so will save the additional cost and time involved with: (i) establishing and maintaining a remote connection throughout the meeting; and (ii) meeting the additional Brown Act requirements associated with remote participation; and WHEREAS, in addition, it is important to the City Council that City Councilmembers atterid the meetings in person in order to facilitate interaction and communication with the public, with other City Councilmembers and with City staff. This Policy is intended to address these concerns; and WHEREAS, the Ralph M. Brown Act (the "Brown Act") governs the meetings of legislative bodies, and imposes certain requirements which must be met if members participate in a meeting from different locations, connected by electronic means, through either audio or video, or both; and WHEREAS, in order to conduct a City Council meeting by teleconference in accordance with the Brown Act, the City would have to comply with numerous requirements; and WHEREAS, the City Council desires City Councilmembers to participate in City Council meetings in-person, except in certain, limited, emergency or special circumstances; and WHEREAS, all requests to participate in a City Council meeting remotely should be subject to approval by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts the Policy on Remote Council Meeting Participation by Councilmembers, in the form presented to the City Council, with modifications made by the City Council prior to its approval of the Policy, a copy of which shall be kept on file in the Office of the City Clerk. J:\Attorney\FINAL RESOS AND ORDINANCES\2013\OS 28 13\Remote Council Policy Resolution Final.doc 5/23/2013 10:48 AM 11-4 Presented by en R. Goggins ~ ~ Ci Attorney Approved as to form by Glen R. Goggins City Attorney J:AAttorney\FINAL RESOS AND ORDINANCES~20] 3\OS 28 13~Remote Council Policy Resolution Final.doc 5/23/2013 10:48 AM 11-5 _-_ COUNCIL POLICY I CITY OF CIIIJLA VISTA SUBJECT: REMOTE COUNCIL MEETING POLICY EFFECTIVE PARTICIPATION BY NUMBER DATE PAGE COUNCILMEMBERS 104-02 1 OF 3 ADOPTED BY: (ResolutionlVo) DATED: i AMENDED BY: Resolution No. (date of resolution) ' i RELEVANT REFERENCE DOCUMENTS: City Clerk Standard Work Procedures 304 and 304.1 j i BACKGROUND ~I This Policy was prepared in response to a City Council request that the City Attorney prepare a ~ policy governing the use of teleconferencing by City Councilmembers for remote participation in City Council meetings. - The Ralph M. Brown Actl (the "Brown Act") governs the meetings of legislative bodies. The Brown Act defines "teleconference" as a "meeting of a legislative body, [where] the members of which are in different locations, connected by electronic means, through either audio or video, or both."Z In order to conduct a City Council meeting by teleconference in accordance with the Brown Act, the City would have to comply with numerous requirements. These include the following 3 i 1. At least a quorum of the Council must participate from locations within the 'i City; 2. All votes taken during the teleconferenced meeting must be taken by rollcall; I 3. Agendas must be posted at all teleconference locations; 4. Each teleconference location must be identified in the notice and agenda of the meeting; 5. Each teleconference location must be accessible to the public; 6. The teleconference meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties and public appearing before the Council; and 7. The agenda for each teleconference meeting must provide an opportunity for ' members of the public to address the Council directly, at each teleconference location. (This requirement means that each location, including private homes, offices or hotel rooms, must be open to the public, accessible to the disabled and allow the members of the public to hear and testify.) The City Council has had the opportunity to experience the use of teleconference participation by Councilmembers during a couple of recent City Council meetings. Based on those experiences, and public comment, the Council has decided it would be in the best interest of the City and the public to require City Councilmembers to attend City Council meetings in person, and to limit the Councilmembers' remote participation to emergency or special circumstances. The City Council has determined that doing so will save the additional cost and time involved with: (i) establishing and maintaining a remote connection throughout the meeting; and (ii) meeting the additional Brown Act 1 Cal. Gov't Code §§54950, et seq. z Cal. Gov't Code §54956(b)(4). ' See, Cal. Gov't Code §§54953(b)(2)-(3). 1 1-6 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: REMOTE COUNCIL MEETING EFFECTIVE PARTICIPATION BY NUMBER DATE PAGE COUNCILMEMBERS 104-02 2 OF 3 ADOPTED BY: (Resolution No) DATED: AMENDED BY: Resolution No. (date of resolution) RELEVANT REFERENCE DOCUMENTS: City Clerk Standard Work Procedures 304 and 304.1 requirements associated with remote participation. In addition, it is important to the City Council that City Councilmembers attend the meetings in person in order to facilitate interaction and communication with the public, with other City Councilmembers and with City staff. This Policy is intended to address these concerns. PURPOSE The purpose of this Policy is to define the limited circumstances in which a City Councilmember may participate in a City Council meeting remotely, and to establish the process which must be followed in order to do so. I POLICY It is the policy of the City of Chula Vista that each City Councilmember should attend every City Council meeting in person, whenever possible. If a City Councilmember desires to participate in a City Council meeting remotely, the City Councilmember may seek authorization to do so from the City Council. The following process shall be followed by any Councilmember requesting to attend a City Council meeting by teleconference, video conference, or other means of remote communication. i 1. A City Councilmember desiring to attend a City Council meeting remotely shall submit a request to the City Clerk, no later than 9:00 a.m. Tuesday, one week prior to the meeting which the City Council member desires to attend. 2. The Councilmember submitting a request shall indicate the reason for the request. Requests must be based on emergency or special circumstances, as defined below: a. "Emergency circumstances" are defined as: serious illness of the requesting City Councilmember; death of a family member; serious illness of a family member requiring the Councilmember's care; or some other urgent and unavoidable family or business matter that was not previously scheduled, cannot be rescheduled, and makes it necessary for the Councilmember to be out-of--town. b. "Special circumstances" are defined as either: i. The scheduling by the City Council, City Manager or City Attorney of a previously-unplanned City Council meeting that the Councilmember could not have anticipated; or ii. An urgent necessity for the City Councilmember's attendance, such as the need for a quorum (all members constituting the quorum would have to be participating from within City boundaries), or a 1 1-7 COUNCIL POLICY ~I~ CITY OF CHiJLA VISTA i SUBJECT: REMOTE COUNCIL MEETING POLICY EFFECTIVE PARTICIPATION BY NUMBER DATE PAGE COUNCILMEMBERS 104-02 3 OF 3 ADOPTED BY: (Resolution No.) DATED: AMENDED BY: Resolution No. (date of resolution) ~ RELEVANT REFERENCE DOCUMENTS: City Clerk Standard Work Procedures 304 and 304.1 particular item on a City Council meeting agenda requiring a super- . majority (4/5) vote, as determined by the City Manager or the City Attorney. 3. The request must also include all information necessary to comply with the Brown Act teleconference requirements. This includes the following: (i) address and telephone number of the location from which the City Councilmember will participate; (ii) confirmation that the remote location is open to the public, accessible to the disabled and will allow the members of the public to hear and testify; and (iii) any other information necessary in order to comply with the Brown Act requirements. 4. Upon receipt of the request, the City Clerk shall send an e-mail to each of the other four Councilmembers, notifying them of the request, the emergency or special circumstance giving rise to the request, and the proposed remote location. The City Clerk shall copy the City Manager and City Attorney on the e-mail. 5. The Councilmembers shall respond to the City Clerk no later than 9:00 a.m. five days before the Council meeting (the Thursday immediately preceding a Tuesday Council meeting). If a Councilmember does not respond by the 9:00 a.m. deadline, it shall be deemed a vote in opposition by that Councilmember. 6. If at least three members respond that they are agreeable to the remote participation, the City Clerk will coordinate with the requesting Councilmember for proper noticing and logistics of the remote participation. 7. The timeline set forth above may be modified, if necessary, due to the timing of an emergency or discovery of a special circumstance. Any such modification must be approved by the City Manager and City Attorney, and must allow time to meet all Brown Act requirements. 11-8