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8391 - EMERGENCY ordinance amending Section 2-2.5-11 "Location and special procedures for governing body meetings and departments", BRC 1981 allowing for remote participation 1 ORDINANCE NO. 8391 2 AN EMERGENCY ORDINANCE AMENDING SECTION 2-2.5- 11, "LOCATION AND SPECIAL PROCEDURES FOR 3 GOVERNING BODY MEETINGS AND DEPARTMENTS," B.R.C. 1981, ALLOWING FOR REMOTE PARTICIPATION AT 4 CITY COUNCIL MEETINGS, REQUIRING BOARD AND 5 COMMISSIONS TO ALLOW FOR REMOTE ACCESS AND SETTING FORTH DETAILS IN RELATION THERETO. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, 7 COLORADO: 8 Section I. Section 2-2.5-11, B.R.C. 1981, is amended to read: 9 2-2.5-11.-Location and Special Procedures for Governing Body Meetings and Departments. 10 11 (a) Whenever a disaster emergency makes it imprudent or impossible to conduct the affairs of 12 the city at regular locations, the governing body may meet at any place, inside or outside 13 the city limits. Any temporary disaster emergency meeting location for the governing body 14 shall continue until a new location is established or until the disaster emergency is 15 terminated and the governing body is able to return to its normal location. 16 (b) Whenever a disaster emergency makes it imprudent or impossible to conduct the affairs of 17 any department of the city at its regular location,such department may conduct its business 18 at any place, inside or outside the city limits and may remain at a temporary location until 19 the disaster emergency is declared ended or until the department is able to return to its 20 normal location. 21 (c) Whenever a disaster emergency makes it imprudent or impossible for city council, or any 22 city committee,board,or commission or other such body to meet at a previously scheduled 23 date and time, such meeting shall be deemed to be postponed until a quorum of the city 24 council, city committee, board, or commission or other such body is able to meet. 25 KACCADIo-8391 as amended-301.docx I (d) Any official act or meeting that must ordinarily be performed at regular or specified 2 locations shall be valid when performed at a temporary location pursuant to this section. 3 (e) To the extent that is consistent with the United States and Colorado constitutions, any time 4 requirement, deadline, procedure, scheduled hearing, or other event in the municipal court 5 may, upon a finding of good cause, be waived, altered, or rescheduled by the presiding 6 municipal court judge during a declared disaster emergency. 7 (f) The provisions of this section shall apply to all executive,legislative,and judicial branches, 8 and to all powers and functions conferred upon the city and its officers, employees, and 9 authorized agents by the Constitution of the State of Colorado, Colorado Revised Statutes, 10 the Boulder Revised Code, and the Charter of the City of Boulder. 11 12 (g) In any,disaster emergency resulting from a contagious disease or in the event that the 13 Governor of Colorado has issued a statewide declaration of emergency because of a 14 contagious disease, the followinp,shall apply: 15 (1) Members of the city council may participate remotely in a council meeting;or study 16 session through telephonic or other remote means, provided that such means allow 17 for the public to hear the council member and for the council member to hear both 18 members of the public recognized to speak and other members of the council. 19 (2) Members of boards or commissions may_participate remotely- at meetings throuS 20 telephonic or other remote means provided that such means allow for the public to 21 hear the board or commission member and for the board or commission member to 22 hear both members of the public recognized to sneak and other members of the 23 board or commission. 24 25 1 3 The city council city manager, boards and commissions may exclude or limit the 2 uublic from personal attendance at meetings provided that the meeting is available 3 to the public either by telephone, over the internet or on television and the council, 4 board or commission provides a means for public participation. 5 (4) The city manager may cancel any city council, city committee, board or 6 commission meeting and any meeting by another such body prior to 7 commencement of such meeting to preserve the public health, safety and welfare. (5) Notwithstanding any provisions to the contrary in this code or any procedural rules, 9 the city council, city manager,boards and commissions may continue consideration 10 11 of any item on the published agenda of a city council, city committee, board or 12 commission meeting. Continued agenda items that are concept plans-orquasi- 13 iudicial in nature shall be rescheduled to a time when the city council or city 14 manager finds that the city body and all interested parties will have adequate 15 opportunity to participate in the consideration of the item.. ... Any call-up 16 consideration that would require an affirmative action of a city body and that was 17 continued under the provisions. of.this section shall be tolled from the date of 18 continuance to the date when the city body considers the call-up. No additional 19 notice of any previously scheduled hearing before the city council, a board or 20 commission shall be required provided that notice of a rescheduled hearing is 21 provided as required by the Colorado Open Meetings Act. 22 (f) The cites env waive, alter, reschedule any time requirement, deadline. 23 ' procedure, scheduled hearing, or other event required for a contract, license or 24 permit from.the city_.. 25 1 (7) The city manager may alter any public hearing timing or other procedural 2 requirement for a development application under this code if the manager finds tho 3 action necessary to protecthepublic health, safety, and welfare. When altering 4 any such requirement,the manager shall consider the ability of all interested parties 5 to have adequate opportunity to participate in the public hearing.. 6 7 Section 2. This ordinance is hereby declared to be an emergency measure due to the 8 Coronavirus Pandemic which presents an imminent threat to the health and safety of the 9 community, and as such shall be in full force and effect upon its final passage. 10 Section 3. This ordinance is necessary to protect the public health, safety, and welfare of 11 the residents of the city, and covers matters of local concern. 12 Section 4. The city council deems it appropriate that this ordinance be published by title 13 only and orders that copies of this ordinance be made available in the office of the city clerk for 14 public inspection and acquisition. 15 INTRODUCED, READ ON FIRST READING, PASSED AND ADOPTED AS AN 16 EMERGENCY MEASURE BY TWO-THIRDS COUNCIL MEMBERS PRESENT AND 17 VC ORDERED PUBLISHED BY TITLE ONLY this''th day of March 2020. 18 r 19 Sam Wea er 20 Mayor 21 Attest: 22 23 Lynn Beck 24 City Clerk 25