CITY COUNCIL SPECIAL MEETING Wednesday, March 25, 2020 Council Chamber 11:00 a.m. Pursuant to Section 2-42 of the Charlottesville City Code, Mayor Nikuyah Walker called a Special Meeting of the Charlottesville City Council for March 25, 2020 at 11:00 a.m. in City Council Chamber to consider adoption of a Continuity of Government ordinance pursuant to Virginia Code Section 15.2-1413. The meeting was called to order at 11:04 a.m. with the following members physically present: Mayor Nikuyah Walker, Ms. Heather Hill, Mr. Michael Payne, and Mr. Lloyd Snook. Vice Mayor Sena Magill called in to the meeting. City Attorney John Blair certified the reason for electronic participation by Vice Mayor Sena Magill. On motion by Ms. Hill, seconded by Mr. Snook, Council agreed unanimously to allow electronic participation by Ms. Magill due to a medical condition. Vice Mayor Magill stated that she was participating from her residence in the City of Charlottesville. Mr. Blair reviewed the purpose of the special meeting, and reviewed the proposed ordinance, advising of the requirement to have a physical quorum present in order to pass the ordinance. He also advised of an amendment to the published ordinance. Ms. Walker read the following ordinance, as amended: ORDINANCE TO MODIFY DEADLINES, MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH THE PANDEMIC DISASTER WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order 51 declaring a state of emergency for the Commonwealth of Virginia due to the potential spread of COVID-19; and WHEREAS, Governor Northam’s March 12, 2020 declaration found that the anticipated effects of COVID-19 constitute a disaster pursuant to Virginia Code Section 44-146.16; and WHEREAS, City Manager and Director of Emergency Management, Dr. Tarron J. Richardson, declared the potential spread of COVID-19 an emergency on March 12, 2020 pursuant to a Resolution adopted by the Charlottesville City Council; and WHEREAS, Virginia Code Section 15.2-1413 provides that a locality may, by ordinance, provide a method to assure continuity in government in the event of a disaster “notwithstanding any contrary provision of law, general or special”; and WHEREAS, the Virginia Freedom of Information Act (Code of Virginia Section 2.2- 3700, et seq.) provides that all meetings shall be open to the public unless a public body elects to exercise an exemption provided by the Act “or any other statute.” NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that agenda items scheduled or proposed to be considered for the duration of the local emergency declaration by the City Council, Planning Commission, or any other City board, commission, or authority shall be deemed continued for the duration of the local emergency declaration, if the City Council, Planning Commission or other City board, commission, or authority does not take action on the agenda item during the referenced timeframe, including those agenda items for which state or local law requires an affirmative action to be taken within a statutorily-mandated timeframe and the failure to act can be deemed an approval; and BE IT FURTHER ORDAINED that the City Council, Planning Commission, and any other City board, commission, or authority may, at their election, conduct previously scheduled meetings or special meetings and act upon scheduled or proposed agenda items before them for the duration of the emergency declaration, under normal means by physically assembling a quorum of the body or by solely electronic means as described in Virginia Code Section 2.2- 3708.2(A)(3) and that such electronic meetings will be held in a manner designed to maximize public participation to the fullest possible extent and any provision of VA Code Section 2.2- 3708.2 requiring Council approval of electronic participation due to a personal matter or medical condition is hereby waived; and BE IT FURTHER ORDAINED that in the event that a matter which requires a public hearing prior to action is deemed by the City Council, Planning Commission, board, commission, or authority to present a critical government function essential to continuity of government for the duration of the emergency declaration, then the public hearing may be conducted by an open public comment period called for during an electronic meeting, as well as by submission of written public comments to the City Clerk prior to, during, and for five days following the electronic meeting, after the City has first publicized notice of the electronic meeting and public hearing on the City’s website at least five business days before the public hearing. BE IT FURTHER ORDAINED that the City Manager is hereby delegated the responsibility to open, close, and establish the hours of operation of all City parks. BE IT FURTHER ORDAINED that the Charlottesville City Council reserves the right to rescind or amend this ordinance. BE IT FURTHER ORDAINED that this ordinance shall expire either upon the earlier occurrence of: (i) Charlottesville City Council taking action pursuant to Virginia Code Section 44-146.21 to end the emergency declaration; or (ii) Six months from the date of this ordinance’s adoption. Pursuant to Charlottesville City Code Section 2-96, this ordinance is enacted on the date of its introduction by a four-fifths vote of the Charlottesville City Council. Ms. Walker opened the meeting for public comment. The following speakers made comments via remote participation: - Mr. Matt Lawless, Scottsville Town Administrator, and - Ms. Missy Creasy, City of Charlottesville employee. On motion by Hill, seconded by Snook, Council by the following vote APPROVED the ordinance: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker. Noes: none). The meeting adjourned at 11:25 a.m. BY Order of the Mayor BY Kyna Thomas, Clerk of Council Approved by Council April 20, 2020 Kyna Thomas, CMC Clerk of Council