1 00:00:02,930 --> 00:00:30,530 Check one, two. Ready, mayor. We're ready to go. Ready, council, okay. Welcome to the Tuesday, September 8, city council, regular meeting. Roll call, please. Mayor Gilman. Here, mayor pro-10, mayor. Here, council member rule. Here, council member Whitman. Here, and council member Lang is not present. We will have an update on that following our pledge of allegiance. Thank you. And please lead us in that. Yes, mayor. Honorable council, community, ready to begin. 2 00:00:30,530 --> 00:00:43,510 I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under the indivisible with liberty and justice for all. 3 00:00:45,660 --> 00:00:47,060 And you have something to read, Mr. Montgomery? 4 00:00:48,440 --> 00:00:50,580 Yes, Mayor and City Council. 5 00:00:52,080 --> 00:00:57,720 There was an error in our agenda posting and we have an update, I'll read you an update I have on that. 6 00:00:57,720 --> 00:01:01,060 I'm going to tell you about an error in our agenda posting, which caused Council Member 7 00:01:01,060 --> 00:01:04,980 Lang not to be able to participate in the vote tonight, as well as our future scheduling 8 00:01:04,980 --> 00:01:08,500 that relates to the overall blotter spa public hearing. 9 00:01:08,940 --> 00:01:12,820 So I'm going to go away from my normal delivery and read word-for-word for you here. 10 00:01:14,180 --> 00:01:18,820 Regarding tonight's September 8, 2006 City Council regular meeting agenda, an error 11 00:01:18,820 --> 00:01:22,340 occurred in the city clerk's office during preparation and posting of the agenda. 12 00:01:22,340 --> 00:01:27,660 Council Member Lang, timely notified staff that she would be participating remotely and 13 00:01:27,660 --> 00:01:30,800 provided the address of her remote location for inclusion on the agenda. 14 00:01:31,260 --> 00:01:35,820 I acknowledge the receipt of that information and indicated that I would take care of 15 00:01:35,820 --> 00:01:38,040 the agenda inclusion and remote meeting setup. 16 00:01:38,800 --> 00:01:43,640 I failed to ensure that the remote location was included on the posting of this agenda as 17 00:01:43,640 --> 00:01:46,300 required for her participation from that remote location. 18 00:01:46,820 --> 00:01:50,540 I discovered the omission this morning while completing preparations for tonight's meeting 19 00:01:50,540 --> 00:01:52,600 and notified staff. 20 00:01:53,160 --> 00:01:56,800 Council member Lang will not be able to participate tonight in this agenda as council member 21 00:01:56,800 --> 00:01:58,740 and take part in voting because of this error. 22 00:01:59,560 --> 00:02:03,180 I want to be clear that this was an administrative error within the city clerk's office. 23 00:02:03,780 --> 00:02:05,780 This same error occurred over a year ago. 24 00:02:06,180 --> 00:02:11,040 At that time, city manager Harvey had worked with me to establish additional procedures and 25 00:02:11,040 --> 00:02:14,040 checklists within the city clerk's office, which I'm thankful for. 26 00:02:14,560 --> 00:02:19,040 Specifically intended to strengthen agenda preparation and prevent omissions like this 27 00:02:19,040 --> 00:02:20,200 of this nature. 28 00:02:20,860 --> 00:02:25,680 City Manager Harvey considered these improvements completed and in practice and I failed to correctly 29 00:02:25,680 --> 00:02:26,860 follow procedure here. 30 00:02:27,480 --> 00:02:32,040 Those procedures were available to me and responsibility for ensuring that this information 31 00:02:32,040 --> 00:02:36,120 appeared on the agenda rested solely with me as your chief deputy city clerk. 32 00:02:37,180 --> 00:02:43,260 Going forward, I'm going to add separate verification steps for remote participation requests 33 00:02:43,260 --> 00:02:48,500 so that any remote location and all associated participation requirements are independently 34 00:02:48,500 --> 00:02:52,000 confirmed against final posted agenda for publication. 35 00:02:52,540 --> 00:02:57,160 I run two separate checklists to document every meeting and action of our legislative 36 00:02:57,160 --> 00:03:02,580 body, along with many logs and team meetings and things of that sort, an agenda posting 37 00:03:02,580 --> 00:03:04,220 checklist and a meeting follow-up checklist. 38 00:03:04,700 --> 00:03:11,040 I will also review the existing checklists and posting process with the city, manager and 39 00:03:11,040 --> 00:03:14,300 city attorney and make any additional procedural changes necessary. 40 00:03:14,300 --> 00:03:20,080 Also, I would appreciate any input from you as council members on your user experience 41 00:03:20,080 --> 00:03:24,800 with me and the office because we can, so I may better improve things. 42 00:03:26,160 --> 00:03:29,880 Following the consultation with the city manager and city attorney this morning, staff 43 00:03:29,880 --> 00:03:35,140 is recommending that the council continue an entire regular meeting agenda, which is the 44 00:03:35,140 --> 00:03:42,280 severity of this, and we're lucky because we have the September 15th special meeting already 45 00:03:42,280 --> 00:03:46,540 scheduled and confirmed by yourself as the City Council. 46 00:03:46,720 --> 00:03:50,860 This recommendation will be addressed tonight after my, for both, explanation here. 47 00:03:52,200 --> 00:03:57,120 I recognize the significance of this air, agenda preparation, and browning compliance are 48 00:03:57,120 --> 00:04:01,800 co-responsibilities of the City Clerk's office, and an omission affecting a council member's 49 00:04:01,800 --> 00:04:04,120 ability to participate, particularly serious. 50 00:04:05,100 --> 00:04:11,000 I apologize to council member Lang, the full council, city staff, and the public for the disruption 51 00:04:11,000 --> 00:04:11,620 this has caused. 52 00:04:11,620 --> 00:04:17,580 I take responsibility for this air and do not and do appreciate excuse me the council's 53 00:04:17,580 --> 00:04:21,400 time reviewing this as we address tonight's meeting appropriately after this. 54 00:04:21,800 --> 00:04:29,200 So next step staff will be recommending that the September 8th this meeting agenda be 55 00:04:29,200 --> 00:04:36,400 continued in its entirety to the September 22nd date with the caveat that the public hearing 56 00:04:36,400 --> 00:04:38,420 September 15th, right? 57 00:04:38,920 --> 00:04:39,420 Excuse me. 58 00:04:39,580 --> 00:04:41,760 With the same section of the El Robloire item. 59 00:04:41,900 --> 00:04:41,980 Yes. 60 00:04:42,280 --> 00:04:42,660 15. 61 00:04:43,080 --> 00:04:43,180 Okay. 62 00:04:43,660 --> 00:04:44,680 September 15th. 63 00:04:44,700 --> 00:04:44,760 Yep. 64 00:04:45,160 --> 00:04:50,500 The El Robloire Spa item and public hearing will not be continued to the 15th as it requires public noticing 65 00:04:50,840 --> 00:04:53,000 and rescheduling prior to another agenda. 66 00:04:53,980 --> 00:04:58,640 City staff today has spoken with El Robloire and the item is currently scheduled for September 67 00:04:58,640 --> 00:04:59,480 22nd. 68 00:05:00,000 --> 00:05:28,300 And we will complete the noticing properly and we hope that this information is helpful and informative to the public who is very interested in the item and for you as council. And that is all. And I do. I would appreciate any input you do have. And I'm ready to answer any questions. I just want to say thank you for doing that. I know when, you know, when anybody, myself, when I make an error, whatever to cop to it and admit to it is huge. So thank you for that. I truly appreciate it. And I'm. 69 00:05:32,240 --> 00:05:34,120 So thank you, Wes, thanks. 70 00:05:34,640 --> 00:05:38,060 Did I want to appreciate the candid discussion, yeah? 71 00:05:38,320 --> 00:05:44,680 The first thing I would note is that we learned a few minutes ago that there is an issue with Zoom. 72 00:05:46,180 --> 00:05:54,040 So even if this had not occurred, we would be prevented under the Brown Act from continuing the discussion for at least an hour. 73 00:05:54,040 --> 00:05:57,020 but since we're continuing the entirety of the meeting, 74 00:05:57,540 --> 00:05:58,640 the future meeting. 75 00:05:59,000 --> 00:05:59,220 Wonderful. 76 00:05:59,820 --> 00:06:00,700 That will be a non-issue. 77 00:06:00,940 --> 00:06:01,460 Thank you, sir. 78 00:06:01,800 --> 00:06:05,180 And I appreciate how thoroughly you explained. 79 00:06:06,460 --> 00:06:08,040 What happened and what you're doing? 80 00:06:08,440 --> 00:06:08,720 Absolutely. 81 00:06:09,920 --> 00:06:10,540 Thank you. 82 00:06:10,840 --> 00:06:11,120 Thank you. 83 00:06:12,000 --> 00:06:14,080 So with that, we've heard the recommendation. 84 00:06:14,660 --> 00:06:18,240 It'd be great to do have a vote that so we proceed with this agenda 85 00:06:18,240 --> 00:06:21,680 to 915 with the exception of the public hearing, 86 00:06:24,440 --> 00:06:51,660 So because of the zoom outage, we actually cannot take a vote, but so we can't take, we have to suspend the meeting itself, so but I think so what it, what it says is that under the brown act that if a disruption occurs that prevents members of the public from attending or observing the meeting via the two way telephonic service or audio visual platform during the meeting, we can reset the meeting. 87 00:06:51,660 --> 00:06:56,840 the open session of the meeting for at least one hour. I think in this case we 88 00:06:56,840 --> 00:07:02,440 should just move forward with recessing the meeting until next week. Okay, agreed. 89 00:07:03,320 --> 00:07:03,820 Any objection? 90 00:07:06,370 --> 00:07:13,370 Okay. Great meeting. Meeting adjourned. Are we okay saying meeting adjourned? 91 00:07:13,370 --> 00:07:14,090 Okay. 92 00:07:14,410 --> 00:07:15,410 Thank you.