HomeMy WebLinkAboutMemo - Read Before Packet - 4/7/2020 - Powerpoint From Carrie Daggett - Item #20 - Emergency Ordinance No. 060, 2020Emergency Ordinance No. 060, 2020
Carrie M. Daggett, City Attorney, Presenter
ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Emergency Ordinance Authority
Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances:
• “Emergency ordinance” means an ordinance immediately necessary,
on account of an emergency, to preserve the public property, health,
peace or safety.
• Emergency ordinances require an affirmative vote of at least five
Councilmembers
• Emergency ordinances go into effect immediately and must be
published within 7 days of adoption
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Emergency Ordinance No. 054
• Adopted at Special Council Meeting on Friday, March 20
• Authorizes remote participation by City Council members for non-
quasi-judicial matters when:
• A local emergency has been declared;
• The City Manager or Mayor determines Council is unable to
meet due to public health emergency or other circumstances;
• All members can see and/or hear one another;
• Public can see, hear or read discussion and materials;
• Votes by roll call
• Only pressing matters requiring prompt action considered.
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Proposed Emergency Ordinance No. 060
• Authorizes Council, Boards and Commissions, administrative hearing
officers to conduct quasi-judicial hearings using remote technology if:
• a finding made that meeting in person would not be prudent
due to conditions related to a declared local emergency;
• all members of the body and see and/or hear each other and
all evidence and testimony
• notice, access to all discussion and presentation materials,
opportunity to present information for all parties-in-interest;
• votes are taken by roll call and a full record is made of the
hearing and decision
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Quasi-Judicial Decisions
• Decisions where the decision-maker is acting on a specific
application, like a land use approval or a liquor license;
• Require a higher degree of formality;
• Are appealable either to a City body or in some cases immediately to
district court;
• Procedural Due Process requires that:
• All parties with a legal interest be allowed to speak;
• A record of the hearing be adequately preserved; and
• The hearing be conducted in an orderly manner allowing
receipt of evidence, debate and a clear vote on the decision.
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Examples of Quasi-Judicial Decisions
• Zoning and rezoning decisions (except over 640 acres);
• Land use applications (development review);
• Variances;
• Landmark designations;
• Licensing decisions;
• Appeals of any quasi-judicial decisions
• Quasi-judicial decisions are made by Council, Planning & Zoning Bd,
Landmark Pres. Comm’n, Zoning Bd of Appeals, Building Review Bd,
Administrative Hearing Officers, Water Bd
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Additional New Provisions
• Proposed Emergency Ordinance No. 060 also:
• Authorizes Neighborhood Meetings under the Land Use Code
to take place using remote technologies
• Must provide a forum for project neighbors to identify, review,
discuss identified solutions for concerns with the development
project and meet all requirements of Land Use Code.
• Authorizes other Boards and Commissions to meet using
remote technologies to conduct essential City business
• Specific meeting requirements track those for remote Council
meetings
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Other Revisions
• Proposed Emergency Ordinance No. 060 also adjusts the timing of
initiating access to remote technologies:
• Emergency Ordinance No. 054 requires connection initiated
no more than 15 minutes prior to meeting; requires one
attempt to reconnect upon disconnection
• Proposed new language requires connection initiated no more
than 45 minutes and no less than 15 minutes prior to meeting;
requires at least one attempt to reconnect
• If adopted, proposed Emergency Ordinance No. 060 supersedes and
replaces Emergency Ordinance No. 054
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation
Proposed Emergency Ordinance No. 060
Conclusion and Questions . . .
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ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020
Powerpoint Presentation