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HomeMy WebLinkAboutReso 2013-098RESOLUTION NO.2013-098 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A POLICY GOVERNING THE USE OF TELECONFERENCING 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 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; 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 adopt 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. Resolution No. 2013-098 Page No. 2 Presented by Glen R. t'ioogins',\~ Cit~Attr~rney Approved as to form by ~ ~ G en R. oogins Ci rney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of May 2013 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez and Salas NAYS: Councilmembers: Cox ABSENT: Councilmembers: None il,~ Cheryl Cox, Iayor ATTEST: ~ _,~.5,ti.--~ Donna R. Norris, M ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-098 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 28th day of May 2013. Executed this 28th day of May 2013 f1 ~ .. a, 9~C d~f1~,~~ Donna R: Noms, MC, City Clerk Resolution No. 2013-098 Paaa Nn 2 COUNCIL POLICY CITY OF CHiJLA VISTA SUBJECT: REMOTE COUNCIL MEETING POLICY EFFECTIVE PARTICIPATION BY NUMBER DATE PAGE COUNCILMEMBERS 104-02 1 OF 3 ADOPTED BY: {Resolution No.j DATED: AMENDED BY: Resolufion No. {date of resolution) BACKGROUND 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 Actt (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." 2 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 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 rollcall; 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 requirements associated with remote participation. In addition, it is important to the City Council that City Councilmembers attend the meetin s in erson in order to facilitate interaction and 'Cal. Gov't Code §§54950, et seq. cai. Gov't coae §s49s3~)(a). ' See, Cal. Gov't Code §§54953(b)(2)-(3 ). Resolution No. 2013-098 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: REMOTE COUNCIL MEETING POLICY EFFECTIVE PARTICIPATION BY NUMBER DATE PAGE COUNCILMEMBERS 104-02 2 OF 3 ADOPTED BY: {Resolutioh No.) DATED: AMENDED BY: Resolution No. (date of resolution) 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. 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 to 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. 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. five days prior to the meeting which the City Council member desires to attend (the Thursday immediately preceding a Tuesday Council meeting). 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 or injury of the requesting City Councilmember; death of a family member; serious illness or injury of a family member requiring the Councihnember's caze; or some other urgent and unavoidable family or business emergency that was not previously scheduled, cannot be rescheduled, and makes it necessary for the Councilmember to be out-of--town. b. "Special circumstances" aze 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 quomm (all members constituting the quomm would have to be participating from within City boundazies), or a particulaz item on a City Council meeting agenda requiring asuper- ma'ority (4/5) vote, as determined b the Ci Mana er or the Ci Resolution No. 20 ] 3-098 Paae Nn 5 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: REMOTE COUNCIL MEETING POLICY EFFECTIVE PARTICIPATION BY NUMBER DATE PAGE COUNCILMEMBERS 104-02 3 OF 3 ADOPTED BY: (Resolution No:) DATED: AMENDED BY: Resolufion No. (date of resolution) 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 a-mail. 5. The Councilmembers shall respond to the City Clerk no later than 2:00 p.m. five days before the Council meeting (the Thursday immediately preceding a Tuesday Council meeting). If a Councilmember does not respond by the 2:00 deadline, it shall be deemed a vote in opposition by that Councilmember. 6. If at least two members (in addition to the requesting Councilmember) 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.