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HomeMy WebLinkAboutOrdinance No. 3198-2021KENAI Sponsored by: Vice Mayor Molloy CITY OF KENAI ORDINANCE NO. 3198-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.15.130 — TELEPHONIC PARTICIPATION, TO PROVIDE FOR REMOTE ELECTRONIC PARTICIPATION IN COUNCIL MEETINGS BY COUNCIL MEMBERS. WHEREAS, telephonic participation in Council meetings was provided for beginning in 2005 to increase participation by allowing members to take part in meetings when work or family matters require their absence from Kenai; and, WHEREAS, during the COVID-19 Public Health Emergency ordinances were suspended allowing for remote electronic participation, virtually; and, WHEREAS, providing virtual remote electronic participation has proved to provide a better experience for the Council member participating remotely and those participating in-person; and, WHEREAS, additional improvement in remote participation by a Council member could be provided by installing a camera to provide the Council member participating remotely, a view into the room; and, WHEREAS, the Council recognizes that it is vital for Council members to have effective participation in meetings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 1 15.130 — Telephonic Participation of the Kenai municipal Code: That Kenai Municipal Code, Section 1.15.130 — Telephonic Participation, is hereby amended as follows: 1.15.130 [TELEPHONIC] Remote electronic participation. (a) A member of the Council may participate via [TELEPHONE] electronic means in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via [TELEPHONE] electronic means, the Vice -Mayor or president pro tempore shall preside. (b) No more than the first three (3) members to contact the Clerk regarding [TELEPHONIC] remote electronic participation in a particular meeting may participate via [TELEPHONE] electronic means at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate [TELEPHONICALLY] via remote electronic participation. New Text Underlined; [DELETED TEXT Ordinance No. 3198-2021 Page 2 of 3 (c) The member shall notify the Clerk's office as soon as reasonably practical, but not less than two (2) hours prior to the start of the Council meeting that the member proposes to attend by [TELEPHONE] remote electronic means. Such notification shall state the reason for [TELEPHONIC] remote electronic participation and if needed, shall provide the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member's exclusion from attendance of a Council meeting through [TELEPHONIC] remote electronic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the [TELEPHONE] appropriate connection when the call to order is imminent. (e) A member participating by [TELEPHONE] remote electronic means shall be counted as present for purposes of discussion, voting, constituting a quorum and attendance. (f) The member participating by [TELEPHONE] remote electronic means shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection, if necessary. (g) The member participating by [TELEPHONE] remote electronic means may ask to be recognized by the Chair to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by [TELEPHONE] remote electronic means at the member's expense. (i) If the [TELEPHONE] remote electronic connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. Q) Meeting times shall be expressed in Alaska [TLime regardless of the time at the location of any member participating by [TELEPHONE] remote electronic means. (k) Participation by [TELEPHONE] remote electronic means shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by [TELEPHONE] remote electronic means shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "[TELEPHONE] electronic means' means any system for synchronous two (2) or more way voice and/or virtual communication. "Mayor" includes the Vice -Mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of four (4) regular meetings by [TELECONFERENCE] remote electronic means during the twelve (12) month period starting November 1st of each year unless an exception provided below applies and any number of special meetings or work sessions. (o) A Council member may attend an additional two (2) meetings by [TELECONFERENCE] remote electronic means during a twelve (12) month period starting November 1st of each New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3198-2021 Page 3 of 3 year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended medical care and treatment or death of the member's immediate family. (p) A Council member may attend an additional two (2) meetings by [TELECONFERENCE] remote electronic means during a twelve (12) month period starting November 1st of each year when the member is traveling on Council approved City business. (q) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (r) In this section "City business" means anytime a member is traveling or in a location outside the City on behalf of the City or attending training, as approved by Council and in compliance with the Council Travel Policy. (s) In this section "emergency action" means any action which in the judgment of Council is necessary for the immediate preservation of public peace, health or safety. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 2021. BRIAN GABRIEL SR., MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Introduced: March 17, 2021 Enacted: April 7, 2021 Effective: May 7, 2021 I ev K E N A City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 j 907.283.7535 j www.lcenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council CC: City Manager, City Clerk, City Attorney FROM: Bob Molloy, Vice Mayor DATE: March 9, 2021 01 SUBJECT: Ordinance 3198-2021, Amending KMC 1.15.130 To Provide For Remote Electronic Participation In Council Meetings By Council Members When the City's declaration of the COVID-19 Public Health Emergency ends, Code for remote participation by council members at council meetings and work sessions will revert back to KMC 1.15.130 Telephonic participation; the means for a council member's remote participation will be limited to participation by telephone only. Ordinance 3198-2021 will amend KMC 1.15.130 to allow council member participation by electronic means in regular, special and work session meetings of the Council. This ordinance does not propose any other changes to existing KMC 1.15.130. No more than three council members who are absent will be able to participate virtually, either visually or by telephone, through the City's virtual platform, subject to the other limitations in KMC 1.15.130. The cost for this initial step is minimal. This ordinance does not apply to the City's other Boards, Commissions and Committees. For example, this ordinance does not apply to Council acting as a Board of Adjustment in appeals from a Planning and Zoning Commission decision under KMC 14.20.290. Because those appeals are quasi-judicial matters, KMC 14.20.290(d) provides that: "Members of the Board of Adjustment must be present in person for hearings held on appeals in order to participate in rendering a decision or voting on an appeal."' This ordinance also does not apply to the public. Council can discuss and may adopt a policy or policies to allow virtual public participation, using the City's virtual platform, at Council meetings and work sessions and at meetings of the City's other Boards, Commissions and Committees. Council's consideration and support is appreciated. 1 Similarly, the P&Z Commission's ordinance on telephonic participation allows only Commissioners who are present in person to vote on matters and agenda items that may be appealed to the Board of Adjustment. See, KMC 14.05.025(e). �6V �kv KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: March 9, 2021 SUBJECT: Ordinance No. 3198-2021 In order to provide for video conferencing for remote electronic participation for Council members, the City would need to maintain the basic hosting license for video conferencing software. At this time, the cost for that is $150 per year. Additionally, a better experience could be provided to the Council members participating remotely by purchasing and installing a camera in Council chambers. The cost for this would be $500 or less. There are sufficient funds in the FY2021 Legislative Miscellaneous budget to cover this cost in FY2021. The FY2022 Draft Budget includes sufficient funding to maintain the current level of video conferencing to allow for the in-person/virtual hybrid meetings we have been conducting due to COVID-19. Once it is determined safe to eliminate the hybrid structure, the licensing will be reduced to the basic licensing and sufficient funding will be included in future proposed budgets. Your consideration is appreciated.