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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 2 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. 3 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 4 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. 5 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 6 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 7 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 8 ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020 Powerpoint Presentation Proposed Emergency Ordinance No. 060 Conclusion and Questions . . . 9 ITEM #20-EMERGENCY ORDINANCE NO. 060, 2020 Powerpoint Presentation