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HomeMy WebLinkAboutDirection - Proposed Use of Action Minutes for Public MtgsSTAFF REPORT CITY OF PALM DESERT ADMINISTRATIVE SERVICES OFFICE MEETING DATE: August 27, 2020 PREPARED BY: Lori Carney, Director of Administrative Services REQUEST: Discuss and Provide Direction Regarding the Proposed Use of Action Minutes for Public Meetings Recommendation Discuss provide direction regarding production of "action" minutes on/y for City Council, Housing Authority, and Successor Agency meetings, instead of both "action" and "summary" minutes, to become consistent with public agency trends and City Clerks Association of California ("CCAC") guidance, enhance clarity, update minute preparation process, save significant time and costs, and alleviate staffing constraints. Backqround Currently, the City Clerk's office, with assistance from other departments, prepares both "action" and "summary" minutes of City Council and committee/commission meetings. Action minutes are used internally by staff while summary minutes are used as official public meeting records. The production of "summary" minutes is labor intensive, and while staff has been evaluating the merits of discontinuing "summary" minutes for some time, the current COVID-19 pandemic and its economic impacts have brought us to a decision point. Staff recommends that the Council consider the production of "action" type minutes for City Council, Successor Agency and Housing Authority meetings; and that the Committee/Commission sub-committee review this recommendation for other committees and commissions. Discussion The primary purpose of minutes is to memorialize legislative body decisions; it is not to provide a comprehensive transcript of what happened at a legislative body meeting. Any minute component that does not serve this primary purpose should be minimized or eliminated; this includes comments made by individual body members and members of the public (with limited exceptions for public hearing items). August 27, 2020 Action Minutes for Public Meetings Page 2 of 5 The City would like to begin using action minutes and cease preparing summary minutes for the six main reasons detailed on the following pages. 1. CCAC Recommendation; Most Cities Now Use Action Minutes The City Clerks Association of California ("CCAC") recommends Action Minutes, or brief summary minutes. Most California cities have transitioned from summary or long-form minutes to action minutes as the most efficient, succinct, and cost-effective manner for preparing a legislative body action record. The CCAC guidelines specifically caution against minutes which include too much detail, or state what member made particular statements. From the guidelines: All components of minutes shall be for the primary purpose of inemorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose should be minimized or eliminated; this includes comments made by individual body members and members of the public. Our current minutes format is not in line with this guidance, which has been in place for over ten years. 2. Action Minutes Enhance Clarity. Auditors, judicial officers, the public, and other stakeholders rely on minutes to accurately reflect the final decisions of the legislative body. Transitioning to action style minutes removes the ambiguity and misdirection that is unintentionally created by summary minutes when the flow of the conversation is included in the written record. Action minutes also appropriately place emphasis on collective legislative body's decision-making. 3. Summary Minutes Are No Longer Necessary. Traditionally, summary minutes have been necessary because the media available for recording was limited. Things such as live streaming and video recordings, and the internet itself, were not available. The public could only access public meetings in person, therefore minutes were a vital tool to provide context for the discussions. We now have live streaming, video/audio recordings, and electronic copies of agenda reports and supporting materials. Today, the majority of the City's public records requests related to legislative body meetings are for recordings, electronic copies of supporting documents, and occasionally minute excerpts. Few requests are received for the official minutes. In addition, the following best practices for record keeping will remain in place for all Council and Agency meetings: • All hearings will be audio recorded, and whenever feasible video recorded. August 27, 2020 Action Minutes for Public Meetings Page 3 of 5 • Audio recordings will be kept for a conservative period of time in compliance with the records retention policy. • PowerPoint presentations that are given as part of an oral staff report and/or by speakers/applicants will be retained. PowerPoint presentations contain figures, diagrams, and site images that are not always easily conveyed in the oral staff report or presentation. 4. Saves Up to 80% in Staff Time and Costs. Using action minutes would greatly reduce the staff time and costs required to prepare minutes. On average, for every 20 minutes of ineeting audio, it takes staff four hours to create summary minutes and one hour to create action minutes. In other words, since the City creates both summary and action minutes, it takes five hours of staff time to create minutes for a single 20 minute meeting. Considering that meetings typically last hours and that the City has, in addition to City Council, 17, committees and commissions, the staff time required to prepare action and summary minutes is enormous. By producing action minutes only, the City could reduce by 80% the staff assigned to this activity. Costs would also be saved by reducing materials (pages, books) used for preserving archival minutes. 5. Redistributes Staff Resources. Using action minutes would allow the City to redistribute staff resources to more critical functions. A staff person could prepare action minutes for a two-hour meeting in less than a day, while it would take that same staff inember 30 hours—almost a full week— to complete both action and summary minutes. At this time, the City does not have adequate staff to continue creating both summary and action minutes. Hiring additional staff may not be viable due to the current uncertainties created by COVID-19 and its associated economic impacts. Having staff available to adapt quickly to changing needs and requirements (such as increased public contact and recovery-focused programs) is vital now and for the future. Action minutes are a simpler and more standardized process, and few people entering the labor force have the skills or training to prepare summary minutes. This is especially relevant in the event of a COVID-19 incident which resulted in unavailable staff, so that we would be able to more quickly and adeptly reallocate staffing to the production of minutes. 6. Action Minutes Are Lawful Records. While city clerks are required to keep a correct record of City Council proceedings, they are not legally mandated to use a certain format for this record. (Gov. Code, §§ 36814, August 27, 2020 Action Minutes for Public Meetings Page 4 of 5 40801.) In addition, neither the City Charter nor the Municipal Code dictate the type of minutes that must be prepared. Therefore, action minutes are legally permissible in addition to being most practicable. Public hearing action minutes will provide greater detail in that they will include each speaker's name (if provided) and a summary position of the speaker (i.e., supported or opposed). With this type of record, the City will be able to easily confirm who has exhausted their administrative remedies. In addition, the following best practices for record keeping will remain in place for public hearings and similar items: • All hearings will be audio recorded, and whenever feasible video recorded. • Audio recordings will be kept for a conservative period of time in compliance with the records retention policy. • Dates of any late comment letters and the individuals/groups who submitted them will be read into the audio-record. • Titles/dates of any hand-outs that were given to the legislative body at the hearing will be read into the audio-record. • PowerPoint presentations that are given as part of an oral staff report and/or by speakers/applicants will be retained. PowerPoint presentations contain figures, diagrams, and site images that are not always easily conveyed in the oral staff report or presentation. In the event someone wishes to review the discussion leading up to City Council's final decision, audio/video recordings of the Council's proceedings, as well as agenda packets, are maintained pursuant to the Brown Act and the City's records retention policy. Conclusion It is recommended that the City Council direct the City Clerk to transition from summary minutes to action type minutes as the official format for meetings of the City Council, Successor Agency, Housing Authority and other bodies for which the City Council is the governing board. August 27, 2020 Action Minutes for Public Meetings Page 5 of 5 Staff will provide a status report to the City Council in six months on the amount of staff time saved, the affiliated public records requests, staff's experience, and any feedback that may be received from the public. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW RH Robert W. Hargreaves City Attorney City Manager Lauri Aylaian Attachment: �c�h�t C��ulvre� Lori Carney Director of Administrative Services i�—�� �. �a,,.��'%?. ?'%7002� Janet M. Moore Director of Finance Example of Summary Minutes and Action Minutes City Clerks Association of California Guidelines POSTED AGENDA {WITH ACTION MINUTES) REGULAR PALM DESERT C1TY COUNCIL MEET�NG THURSDAY, JUNE 25, 2Q20 C1TY OF PALM DESERT, CALIFORNIA (V[RTUAL MEET[NG� I. CALL TO ORDER - 3:00 P.M. Mayor Nestande con�ened #he meeting at 3:00 p.m. II. ROLL CALL A!I Councilmember and those listed as present participated teleconference. Present: Councilmember Jan C. Hamik Cou�cilman Sabby Jonathan Mayor Pro Tem Kathleen Kelly Councilmemb�r Susan Marie Weber Mayor Gina Nestande Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attomey Andy Firestine, Assistant C�ty Manager Grace L. Rocha, Acting City Clerk Lori Carney, Director of Administrati�e Services Ryan 5tendell, Director of Communi#y Development Markin Alvarez, Director of Economic De�elopment Janet M. Moore, Director of Fina�ce/City Treasur�r Tom Garcia, Director of Public WorKs M. Gloria Sanchez, Acting Deputy City Clerk III. ORAL C�MMUNICATIONS - A(CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for C�osed Session: POSTED AGENDA (W1TH ACTION MiNUTES} REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 A. Conference with R�a! Property Negotiator pursuant to Govemment Code Section 5495fi.8: 9) Property: A portion of APN 637-340-029 Agency Negotiator: Andy FirestinelTom Garcia Other Party Negotiator: - Representative of Lyle-Hall LLC Property Owner: Lyle-Hall LLC Under Negotiatio�: x Price x Terms of Payment 2} Property: 44-911 Cabrillo Avenue {NWC Alessandra Dri�elCabrillo Avenue} APN 625-082-023, and 62�-082-022 Agency Negotia#or: Lauri AylaianlMartin AlvarezlCity af Palm Deser# Property �wner. City of PaEm Desert Under Negotiation: x Pric� x Terms of Paymen# B. Conference with Legal Counsel regarding significant exposure to li#igation pursuant to Government Code Section 5�4956.9 d 2: N�mber of potential cases: 3 C. Public Emplayment pursuan# to Govemment Code Sec#ion 54957: Title of Positian: City Manager With City Council concurrence, Mayor Nestande adjourned the meeting to Closed 5ession of the City Counci) at 3:02 p.m. She reconvened the meeting at 4:38 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FR�M CLOSED SESSI�N. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNtTED STATES OF AMERICA - Councilman Sabby Jonat�an VII. INVOCATIQNIINSPIRATION - Councilmember Jan C. Hamik VIII. AWARDS AND PRESENTATI�NS None i: POSTED AGENDA (WITH ACTION MINUTES) REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 1X. ORAL COMMUNICATIONS - B MR. BRAD ANDERSON, Rancho Mirage, CA, spoke aboui his dissa#isfaciion witF� the lack of service from the Coachella Valley Mosquito and Vector ContraPs office. He said it was unacceptable for them to abandoning their post, and closing down their offices for a couple of weeks. He said the cities of Indian Wells and Palm Desert were ai risk from mosquitaes, because positi�e cases were reported just prior ta them closing #heir office. X. CONSENT CALENDAR PALM DESERT CITY COUNCI� A. MINUTES of the Re�ular City Council Meeting of June 11, 2020. Rec: Appro�e as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 5122I2020 and 512912020(Qty 2). Rec: Apprave as presented. C. INFORMATIONAL REPORT on School District Boundary Transfers. Rec: By Minut� Motion, receive and file. Remo�ed for separate discussion with the following motion being made: By Minute Mation, appro�e a subcommittee consisting of Councilman Jonathan and Mayor Nestande, a�ong with staff, at the discretion of #he City Manager, to find alternatives to modify the district boundary to only have one distr�ct (Desert Sands Unified School District} for tF�e entire City. APPROVED. 5�0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) D. REQUEST FOR CONSIDERATION of Unite Palm Desert Murals (Contract No. C40150). Rec: By Minute Motion: 1} Approve contract with artist John Cuevas in an amount not ta exceed $90,000; and 2) authorize City Manager to execu�e subject contract - funds will be availab�e in the FY 2020-2021 Marketing Budget. 3 PQSTED AGENDA {WITH ACTION MINUTES) REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 2S, 2020 E. REQUEST FOR AUTHORIZATION.to Streamline the Use of Vendots forthe Pub�ic Works Department by Granting Exce�tio� to Bidding Requirements and Appro�ing the Original Equipmeni Manufacturer (OEM) Vendor List and the Various Vendors and Qualified Service Providers Lists for Fiscal Year 2020-2021. Rec: By Minute Motion: 1) Grant an exceptian to the purchasing requirements af the Pa�m Des�rt Municipal Code, as �rovided for in Section 3.30.16D {K); 2} approve the Original Equipment Manufac#urer {OEM} Vendor List; Landscape Services Division Vendors and Servic� Providers List, and Public Worlcs Various Vendors and Quafified Senrice Providers l.ist; 3) autho�ize the City Manager or her designee #o execute contracts for on-going services, no# to exceed $50,000 for any one �endor on the list, as needed and recommended by staff during Fiscal Year 2020-2021. F. REQUEST FOR AUTHORIZATION of a Subrecipient Agreeme�t with the Jewish Family Services of the Desert to Operate an Emergency Rental Assistance Program. Rec: By Minute Motion, approve the S�br�cipient Agreement with tf�e Jewish Family Services of the Desert in an amount not to exceed $20,000 to operate an Emergency Rental Assistance Program. G. REQUEST FOR APPROVAL to Submi# a Letter of Support to Suspend Vehicle Miles Tra�eled as a Key Impact Criterion Under the Califomia Environmental Qua�ity Act (CEQA}. Rec: By Minute Motion, approve the submission af a letter of support to suspend Vehicle Mifes Traveled as a key impact criterion under the Califomia Environmental Quality Act. SIJCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY H. MINUTES of the June 11, 202Q, Regular Meeting of t�e Board of Directors of the Successor Agency #o the Palm Desert Rede�elopment Agency. Rec: Appro�e as presented. I. CLAIMS AND DEMANDS AGAf NST SUCCESSOR AGENCY TREASURY - Warranf Dated 05/29/2p20. . � Rec: Approve as presented. n W POSTE� AGENDA (WlTH ACTI�N MINIJTES) REGULAR PALM DESERT CITY C�UNCIL MEETING JUNE 25, 202Q PALM DESERT HOUSING AUTHORITY J. MINUTES of the Ho�s�ng Authority Meeting of June 11, 2020. Rec: Approve as presented. Action: Item C was remo�ed for separate considerat�on. Remainder of Consent Calendar appro�ed as presented. 5;0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) XI. CONSENT ITEMS HELD QVER Item - C- see aciion with item, above. XII. RESOLUTIONS A. RES�LUTION NO. 2020 - 51 - A RE50LUTION OF THE CITY COUNCIL �F THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A L15T �F PROJECTS FOR FfSCAL YEAR 2020-2Q21 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2Q17. Rec: Waive further reading and adopt. Action: Adopted. 5-0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: Nonej B. RESOLUTI�N NO. 2020 - 52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZlNG THE LEVY OF A SPECIAL TAX (N COMMUNITY FACILITIES DISTRICT NO. 2005-i {UNIVERSITY PARK) FOR FISCAL YEAR 2020-2021. Rec: Waive further reading and adopt. Action: Adopted. 5_0 �AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) � PdSTED AGENDA (WITH ACT[ON MINUTES} REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 XIII. NEW BUSINESS A. REQUESTFORONE-YEARCONTRACT EXTENSION,TOIDEAPEDDLER TO PROVIDE MARKETING SERVICES FOR FISCAL YEAR 2020-2021 {CONTRACT NO. C37182). Rec: By Minute Motion: 1) Extend the subject contract to Ideapeddl�r fo pro�ide marketing services for Fiscal Year 2Q20-2021; 2) author�ze the City Attorney and the Finance Directorto make clarifications to the contract related to the payment terms; 3} authorize Mayor ta execute the extension on behalf of the City. Action: Appro�ed. 5`Q (AYES: Harr�ik, JonatF�an, Kelly, Weber, and Nestande; NOES: None) B. REQUEST FOR AWARD OF CONTRACT,TO HORIZ�N PROFESSIONA� LANDSCAPE F�R THE DESERT WILLOW PERIMETER LANDSCAPE REHAB�I.ITATION PHASE '! (PROJECT NO. 871-21, C�NTRACT NO. C39990). Rec: By Minute Motion: 1) Award su�ject contract #o Horizon Professional Landscape, Coachella, Califomia, for tf�e Desert Willow Perimeter Landscape Rehabilitation P�ase 1, in the amount of $198,565; 2) authorize �irector of Finance to set aside a contingency in the amount of $20,000 for unanticipated conditions; 3) authorize the City Manager or designee to review and approve written requests for the use of contingency, per Palm Desert Municipal Code Section 3.30.170(A); 4) aut�orize the Mayor #o execute the subject Agreement - funds are available in Account No. 4414195-4809200, Golf Capital. Action: Appror►ed the recommendations. 5_0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) �: POSTED AGENDA (WITH ACTION MINUTES} REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 C. REQUEST F�R ADOPTION QF RESOLUTION, AUTHORIZf NG THE SUBMITTAL OF AN APPLfCATION FOR, AND RECEIPT OF, LOCAL EARLY ACTION PLANNING GRANTS PROGRAM FUNDS. Rec: Waive further reading and adopt Resolution No. 242a - 53, authorizing the submittal of an application for, and receipt of, Local EarlyAction Planning (LEAP} Grants Program Funds adminisiered by the Califomia Department of Housing and Community Develapment (HCD) in order to seek funding in th� amount of $150,ODQ or any amount eligible far use in de�eloping objecti�e design standaras for residential housing development, including Accessory Dweiling Units (ADU), rezoning of certain resirlentially zoned properties to allow for greater density, provi�e en�ironmental clearances for s��cific residentially zoned praperties, and other actions which advance programs identified in the updated Housing Element; 2) By Minute Motian: a) authorize the Mayor or the City Manager to execute any documents that may be necessary to facilitate the application ar award; b) If awarded, authorize Director of Finance to appropriate funding necessary to administer ti�e grant. Action: Appro�ed ihe recommendations. 5�0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) D. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY FUNDING FOR FISCAL YEAR 2020-2021. Rec: By Minute Motion: 1) Appro�e ihe award of outside agency contribuiions in the amount of $159,fi81 to the agencies listed herein with associated restrictions and conditions, including confirmation of event prior to distribution, if applicabie; 2) author�ze the City Manager to consider altemativ� requests during the year provided it's consistent with the original request; 3} pending approval of the Fiscal Year2020-2Q21 CityofPalm Desert Financial Plan, authorizethe City Mar�ager to execute any documents necessary to effectuate the actions taEcen herewith. Action: With Councilmember Weber registering her abstention on grant funding Item No.14 (Historical Society) and a vote of 4-0-1 (AYES: Harnik, Jonathan, Ke[iy, and Nestande; N�ES: None; ABSTAIN: Weber], the remainder of staffs recommendation was approved. 5_0 (AYES: Harnik, Jonathan, KeHy, Weber, and Nestande; NOES: None). �i POSTED AGENDA {WITH ACTION MINUTES) REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 E. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO C�NTRACT NO. C27330B, REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY AS50ClATION OF GOVERNMENTS (CVAG) AND THE COIJNTY OF RIVERSIDE FOR THE DESIGN AND RIGHT-QF-WAY PHASES OF THE PORTOLA AVENUE/INTERSTATE-10 INTERCHANGE PROJECT. Rec: By Minute Motion: 1) Approve Amendment No. 2 to Contract No. C27330B, the Reimbursement Agreement with CVAG and the County flf Riverside for the design, right-of-way, and construction phases of the Portola Avenuellnterstate-10 Projeci; 2} authorize the Mayar to execute the Agreemen#. Action: Approved the r�commendations with direction to s#aff #o immediately work in collaboration with CVAG #o start seeking funding sources, whether they exis# or not, making the project sho�el ready for when funding sources hecome available, fn essence, staying focused on the goal o# getting the Portola Avenuelln#erstate-10 Interchange Project bui[t. 5_0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) F. REQUEST FOR APPR�VAL OF ACTIONS RELATIVE TO THE 202D GENERAL MUNICIPAL ELECTION TD BE HE�D !N THE CITY OF PALM DESERT �N TUESDAY, NOVEMBER 3, 2Q20. Rec: Wai�e further reading and adopt:1) Resaiution No. 2020 - 5�4, calling for tF�e holding of a Generaf Municipal Election to be held on Tuesday, November 3, 2020, for the election flf certain officers as required by the provision of tne Laws of the State of Caiifornia and the Cha�ter of the City of Palm Desert; 2) Resolution No. 2020 - 55, requesting the Baard of Supervisors of the County of Riverside to consolidate a General Municipal Election ta be held on Tu�sday, No�ember 3, 2020, with the Statewide General Election to be held on t�e date pursua�t ta §10443 of the Elections Code. Action: Adopted. 5_0 (AY�S: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None} 3) Resolukion Na. 2020 - 56, adopting regulations for candidates for eleciive office pertaining to candidates' statements submitted to the voters at an Election to be held an Tuesday, Navember 3, 2020. Ontian A: Candidates are responsible for costs associated with candidate statements, unless income qualified (indigent skatus) or 9n�an-Br:-�#e-C-�#� Action: AdoPted Option A. 3=0 {AYES: Harnik, JonatF�an, ar�d Keliy; NOES: None; ABSENT: Weber and Nestande) � PQSTED AGENDA (WITH ACTION MINUTES} REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 G. REQUEST FOR DIRECTfON ON THE RESUMPTfON OF 1N-PERSON C�TY COUNCIL AND COMMITTEE AND COMMfSSION MEETINGS. � i • ' r - •' � � � i i � y - - - - � � ' - - � ' - - - - • � G i � i - � - - - � � - - - � - - - - - - i � � - - ' � - Action: By Minute Motion, appro�ed Committee and Commission meetings to continue to meet using video or teleconference until soc�al distancing requirements can be relaxed, and the resumption of in-person CEty Council meetings, in any e�ent, shall not occur prior to September 1, 2020. 5-0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) XIV. CONTINUED BUSINESS Nor�e XV. OLD BUSINESS None XVI. PUBLlC HEARINGS A. REQIJEST FOR APPROVAL OF THE Ff NAL ENGINEER'S ANNUAL LEVY REPORT F�R, AND THE LEVY AND COLl.ECTION OF ANNUAL ASSESSMENTS WITHIN, CONSOLIDATED PALM DESERT LANDSCAPING & LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2Q20-2021. Rec: 'I ) Conduct the public hearir�g and recei�e public test�mony. 2) Waive further reading and adopt Resolution No. 202D -�7, appro�ing the �nal Engineer's Annual Levy Report for Consolidated Palm Desert Landscaping 8� Ligh#ing Maintenance District No. 1 for Fiscal Year 2020-2021. 3) Wai�e furt�er reading and adopt Resolution No. 2020 - 58, ordering the levy and collection of annual assessments within Consolidated Palm Desert �andscaping & Lighting Maintenance District Na. 1 for Fiscal Year 2020-202�. Ac#ion: Adopted. 40 {AYES: Harnik, Jonathan, Kelly and Nestande; NOES: None; ABSENT: Weber� 0 P45TED AGENDA (WITH ACTI�N MINUTES} REGULAR PALM DE5ERT CITY C�UNCIL MEETING JUNE 25, 2020 B. REQUEST FOR APPROVAL OF THE FINAL ENGiNEER'S REPORT FOR, AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHlN, CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2020-2Q21. Rec: �} Conduct #he public hearing and rec�ive p�ablic testimony. Action: 2) Reso�uiion No. 2020 - 59, appraving the Final Engineer's Annual Lerry Report for, and ordering the levy and collection of assessments within, City of Palm Desert Benefit Assessmeni Dis#rict No. � for Fiscal Year 2020-2021, pursuant to the pro�isions of The Bene�it Assessment Act of 1982. Adopted. 5_0 (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None) C. REQUEST FOR APPROVAL OF RESOLUTIONS RELATED TO THE ADOPTION OF THE FISCAL YEAR 202Q-2021 BUDGET AND CAPITAL IMPROVEMENT PROGRAM (JOINT CONSlDERATION WITH THE PALM DESERT HOUSING AUTHORiTY). Rec: Action: 1} Conduct a Joint Public Hearing and accept public comment on t�e praposed City and Housing Autharity Budgets (including the Capi#al Improvement Program). 2) Waive further reading and adopt Resolution No. 2020 - 60, adopting the budg�t and Capital Improvernent Program (CIP) for the Fiscal YearJuly 1, 2020, through June 30, 2021, and authorizing th� use of Generaf Fund reserves, ta the extent needed, ta cover any revenue shart�all. 3} Waive further reading and adopt Resolution Na. 2020 - 61, establishing the Appropriation Limit for Fiscal Year 2020-2021. 4) Waive further reading and adopt Resolution No. HA - 96, adopting a Palm Desert Housing Aukhority Budget for the Fiscal Year July 1, 2020, through June 34, 2021. 5) Wai�e further reading and adopt Resolution No. 2020 - 62, the Staffing Allocation and Salaries Resolution, setting the Fiscal Year 2020-2021 Sa[ary Schedules, 5alary Ranges and AI[ocated Classi�cations. 6} By Minute Motian, approve Out-of-State Travef as listed in attached memorandum. Appro�ed the recommendations. 5_D (AYES: Harnik, Jonathan, Kelly, Weber, and Nesiande; NOES: None) 10 POSTE� AGENDA (WlTH ACTION MINUTES} REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2020 XVlI. MAYOR AND C�UNCILMEMBER REPORTSIREMARKS A. CammitteelCommission Reports 1 Councilman Sabb� Janathan reported on the Desert Cammunifir Enera� (DCE) - reported tf�e City of Palm Springs had its launch and it's complete. The results are that they enrolled 4a,618 customers, representing 92% of their residents and businesses. Nearly 95% of thos� enrolled elec#ed the higher green option (100°/a carbon-free). The way the numbers worked out, the Desert Saver Option is costing 2.9% less than Souther� Califomia Energy {SCE). Those #hat elected the 100% carbon-free option, the cast is about 2.4% more, but it's stiil 2.6% below the comparable optian offered by SCE. Finally, the DCE Board adopted a budget for next fiscal year and it's anticipating a$1.2 million surplus, which will go in#o a reserve until it hits the targe# level. B. Citv Council Reauests for Action. None XVlII. STAFF REPORTS AND REMARKS A. City Manager 1. Reminder: The Fourtn of July Independence Celebration wifl be difFerent from what has been provided in the past. It will be a pa#riotic listening party that will start at 9:00 p.m. an July 4, by tuning to the radio on 98.5 or 92.7. You will be treated to patriotic music throughout the evening. She invited e�eryone to step out in the yard and crank up the sound so that everyone can hear patriotic music #hrougi�out Palm Desert. B. City Attomey None C. CEty Clerk None XIX. ADJOURNMENT With City Council concurrence, Mayor Nestande adjourned the meeting at 6:26 p.m. 11 9/18/2015 CITY CLERKS ASSOCIATION OF CALIFORNIA GUIDELINES FOR PREPARING MINUTES FOR GOVERNMENTAL AGENCIES PURPOSE The City Clerks Association of California issues these guidelines as a tool for government agencies to transition to minutes styles that are efficient, succinct, cost-effective for staff to prepare, and more appropriately aligned with the intent of the Government Code. FINDINGS • Legislative bodies must act, and must be seen to act, within the laws of the State of California and local charters, if applicable. Being seen to act within the law is important, because the legislative body’s decisions may be subject to external scrutiny by the public, auditors, or judicial inquiry. Minutes testify that the correct procedures for decision-making were followed. • Legislative body minutes shall be prepared in a manner consistent with the intent of the Government Code. Relevant Government Codes are as follows: Government Code 40801. The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. Government Code 36814. The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal. Government Code 54953(c)(2). The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. Government Code 53232.3(d). Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. • All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose should be minimized or eliminated; this includes comments made by individual body members and members of the public. GUIDELINES • Minutes should provide a record of a) when and where a meeting took place, and who was present (including member absences, late arrivals, departures, adjournment time); b) type of meeting (Regular/Special/Adjourned Regular); c) what was considered; d) what was decided; and e) agreed upon follow-up action. Pursuant to Government Code 54953(c)(2), minutes shall report any action taken and the vote or abstention on that action of each member present for the action. • Appropriate styles are action minutes or brief summary minutes. Verbatim style minutes should not be used, because verbatim or lengthy summary minutes do not serve the intent of the Government Code, which is to record the proceedings of the legislative body. • Action minutes merely record final decisions made. Page 2 • Brief summary minutes, at a minimum, record the final decisions made; and, at a maximum, may record what advice the body was given to enable it to make its decisions, the body’s thought process in making the decision, and the final decisions made. Emphasis is given on the body’s thought process, not individual members’ thought processes. The minutes should summarize only the main points which arose in discussion if and only if they are relevant to the decision. • Comments made by members such as “for the record” or “for the minutes” have no bearing on the content of minutes and are given no greater and no lesser consideration than other comments made at the public meeting. Members seeking to memorialize comments should incorporate such verbiage into the language of the motion. As an alternative, members may submit written statements to be retained with the agenda item. • Since the main purpose of minutes is to record the legislative body’s decision, summary minutes should be brief. By concentrating on the legislative body’s decision, brief summary minutes will provide only a select recording of what was discussed at the meeting. Brief summary minutes should not attempt to reproduce, however summarily, what every speaker said. It should only record the essence of the discussion and include the main threads that lead to the body’s conclusion. • To the fullest extent possible, brief summary minutes should be impersonal and should not attribute views to individual persons. Only the positions and decisions taken by the whole legislative body are relevant, not those of individual members. The passive voice is favored i.e. “It was suggested that…,” “It was generally felt that...,” “It was questioned whether…,” “During discussion, it was clarified…” • There are reasons for not attributing comments to specific speakers. First, it makes for brevity--a point can be recorded more concisely in impersonal form. Second, a point raised by one speaker will often be further developed by others—in impersonal brief summary minutes, only the fully-developed point is recorded in its final form. Third, points by several speakers can be consolidated into a single paragraph. Fourth, the impersonal style averts future corrections to minutes. • While the primary purpose of minutes is to memorialize decisions made by the legislative body as a whole, under limited circumstances it is necessary and/or appropriate to attribute comments to individual members including: o Individual member’s reports pursuant to Government Code 53232.3(d) (enacted by AB 1234, 2005). The minute record shall include the type of meeting attended at the expense of the local agency and the subject matter. o Individual member’s reports on intergovernmental agencies. Brief summary minutes should include the type of meeting at a minimum, and, at the maximum, include the subject matter. o Individuals speaking under public comment. Brief summary minutes shall, at a minimum, list the public member’s name (if provided); and, at a maximum, include the overall topic and stance/position. Such as Mr. Jones spoke in opposition to the Project X. Being mindful that the minutes are recordings of the legislative body’s proceedings, it is not appropriate to include detail of individual comments. There is an exception for public testimony provided during public hearings, for which the minutes shall include the speaker’s name (if provided) and a summary position of the speaker (i.e., supported or opposed). • For purposes of meeting Government Code 36814 and/or 54953(c)(2), the city clerk should enter the ayes and noes in the minutes. For informal consensus (i.e. providing staff direction), it is appropriate to note the dissention of one or more members by, at a minimum, stating the dissenting member’s name and dissention, such as “Mr. Jones dissented,” and at a maximum to also include a brief reason, such as “Mr. Jones dissented citing budget concerns.” • While the primary purpose of legislative body meetings is for the legislative body to take legislative action and make decisions to advance agency business, it is acknowledged that agency meetings also Page 3 serve as platforms for ceremonial presentations and reports on social and community events. At a minimum, brief summary minutes should identify that presentations were made and event reports were given; and, at a maximum, report only the subject matter of the presentation or event. • For community workshops and town hall meetings subject to the Brown Act, brief summary minutes, at a maximum, record the overall topic, provided that no legislative actions were taken. It is advisable to note in the minutes that no legislative action was taken. • The guidelines contained herein are applicable to committees and commissions subject to the Brown Act. It is acknowledged that many boards and commissions take few legislative actions, and the tendency is to include more detail in the minutes on event reports and planning. At a maximum, brief summary minutes may include key points of the final reports or determinations, and all comments shall be attributable to the entire body and not attributable to individual members. • Brief summary minutes shall serve to clarify decisions taken and who is expected to execute the decisions. It is not necessary to write down all action points or all tasks identified. Minutes shall not serve as a substitute for task lists, and the focus shall remain on the final decisions made by the legislative body. • The language of brief summary minutes should be relatively restrained and neutral, however impassioned the discussion. Brief summary minutes will record the substance of the point in an intemperate way. • To the fullest extent possible, minutes should be self-contained to be intelligible without reference to other documents. • As a general rule, individual member comments are not identified in the brief summary minutes of discussions, and minutes should concentrate on the collective body’s thought process and the collective decisions made by the majority, not individuals. • Brief summary minutes should concentrate on central issues germane to the final decision. The record of the discussion should be presented in a logical sequence, rather than reproduced in the actual order they were made in discussion. • The legislative body may wish to choose more, substantive (summary) minutes if there’s no archival audio/video backup recording available of its proceedings. If audio/video recording is available for future reference, minute notations can be more limited (action).