City Council - Special Meeting

TWENTYNINE PALMS CITY COUNCIL SPECIAL MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Tuesday, January 18, 2022 NOTICE IS HEREBY GIVEN, that the City Council will hold a Special Meeting on Tuesday, January 18, 2022 to consider the following: SPECIAL MEETING AGENDA 10:00 A.M. Please register for City Council Meeting (SPECIAL MEETING) on Jan 18, 2022, 10:00 AM PST at: https://attendee.gotowebinar.com/register/1494994286036971021 After registering, you will receive a confirmation email containing information about joining the webinar. Virtual Audience will be provided the opportunity to participate and to provide input during the meeting. CALL TO ORDER Pledge of Allegiance. Roll Call. Changes to the Agenda. ANNOUNCEMENTS These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda. Page 1 of 12 CONSENT CALENDAR All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action. 1. Waive the Reading of Ordinance and Approve the Reading by Title Only. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION DISCUSSION AND POTENTIAL ACTION ITEMS 2. Electronic and Paperless Filing of Fair Political Practices Commission Campaign 3-8 Disclosure Statements of Economic Interest RECOMMENDATION: The City Council waive the first reading and introduce an Ordinance to Mandate Electronic and Paperless filing of Fair Political Practices Commission campaign disclosure statements and statements of economic interest. Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements of Economic Interest - Pdf 3. Assembly Bill 361. 9 - 12 RECOMMMENDATION: The City Council Adopt Resolution No. 22-__ authorizing teleconferenced public meetings pursuant to Assembly Bill 361. Assembly Bill 361. - Pdf ADJOURNMENT It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting. This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., January 13, 2022. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 12  STAFF REPORT TO: City Council FROM: City Clerk FOR MEETING: Jan 18 2022 SUBJECT: Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements of Economic Interest RECOMMENDATION: Waive the first reading and introduce an Ordinance to Mandate Electronic and Paperless filing of Fair Political Practices Commission campaign disclosure statements and statements of economic interest. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report (City Clerk Presenting) Council Questions of Staff • Ordinance for Electronic Filing Request Public Comment Council Discussion Motion/Second Discussion of Motion Call the Question BACKGROUND: The City of Twentynine Palms is currently a paper-filing agency for statutory Fair Political Practices Commission (FPPC) campaign disclosure forms and statements of economic interest. Appointed officials, City Council candidates, campaign committees and designated City employees may file their statements in hard copy form, with an original signature per FPPC regulations. Filers identified in Government Code Section 87200 have the alternative option to file electronically directly with the FPPC. Pursuant to Government Code Section 84615, local agencies may mandate electronic filing of FPPC disclosure statements. To increase efficiency and facilitate compliance with state law and FPPC regulations, the City Clerk's Office looks to employ a system for electronic filing of economic and financial disclosure statements for all required filers in the Twentynine Palms organization. In addition to increase efficiency, electronic filing will eliminate the need for wet signatures, will redact statements posted online, and will automatically link to the FPPC's system, and paper filings will no longer be accepted. However, to support the City's efforts towards diversity, equity and inclusion, the City Clerk, as the City's filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk's discretion under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request. Examples of exceptions may include limited access to an electronic device or internet connection. In order for the City of Twentynine Palms to accept electronically filed statements, the City Council must adopt an Ordinance permitting the use of an online filing system for filing and designating the filings received electronically by the City Clerk's Office as the filing of record for the City. In addition, the system must operate securely and effectively, be no cost to filers, be available to the public to view filings, not place an undue burden on filers, and Page 3 of 12 include procedures for filers to comply with the requirements that they sign statements and reports under penalty of perjury. The City Clerk's Office entered into a contract with NetFile, a hosted solution created specifically for cities and counties responsible for administering campaign finance filings and Statements of Economic interest, which meets the requirement of the Secretary of State and allows for electronic and paperless filing of campaign statements NetFile is widely used by other agencies in the region and throughout California. Campaign Finance Disclosure Statements (Form 460) Adoption of the proposed Ordinance is required to implement electronic filings of the campaign finance component of the NetFile system and will only apply to those filers that exceed a threshold of $2,000 for expending or receiving campaign funds. This threshold is consistent with the Political Reform Act (the "Act"), which recognizes campaigns that spend or raise more than $2,000 as "Controlled Committees." Under the Act these types of committees are obligated to file detailed campaign finance disclosure statements, also known as Form 460s. For those smaller campaigns that do not exceed the $2,000 threshold, they may continue to file paper versions of the Form 470 disclosure forms. It should be noted that the NetFile system is able to accommodate the online filing of several types of required forms by the FPPC, including Forms 460, 470, 496, and 497, which ae the most commonly used in Twentynine Palms' local election campaigns. Statement of Economic Interest (Form 700) The "Statement of Economic Interest" Form 700 component of NetFile does not require an Ordinance, however, Staff recommends that all designated Form 700 filers identified in the City's Conflict of Interest Code also be required to file electronically, to fully transition the City to electronic, paperless filing pursuant to Government Code 84615. This process would simple require an internal procedural change. The City Clerk is currently responsible for the annual filing of all Form 700s, which include the City Council, Planning Commission, City Manager, City Attorney, Finance Director, designated City employees, board, commission and committee members. Form 700 electronic filing incorporates an initial review process and alerts the filer of errors at the time they are entering information, thereby minimizing the need for the City Clerk to request amendments. Upon adoption of the Ordinance, all required and designated Form 700 filers, and filers of campaign disclosure statements, will use the online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. In order to comply with state law, the requirements from Government Code Section 84615 have been incorporated in the proposed Ordinance for the City to transition to an electronic filing system. ENVIRONMENTAL: This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. ALTERNATIVES: The City Council could choose to provide for opt-in electronic filings, which would allow FPPC statements to be filed electronically, but paper filings would still be accepted. To maintain consistency with processing and publishing filers' FPPC statements, Staff does not recommend the "opt-in" Ordinance. The proposed mandate Ordinance will still allow the City Clerk to accept a paper filing in lieu of an electronic filing at the City Clerk's discretion, under certain circumstances, and to accommodate an ADA request. FISCAL IMPACT: The contract amount for the NetFile system is $3,400 per year. Funds are available in the City Clerk's budget allocation for FY 2021-22 and will be included in the Recommended Budget for 2022-23. Page 4 of 12  CITY OF TWENTYNINE PALMS CITY COUNCIL ORDINANCE NO.___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS ADDING CHAPTER 2.24 TO TITLE 2 OF THE TWENTYNINE PALMS MUNICIPAL CODE TO MANDATE ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, the City of Twentynine Palms (“City”) has entered into an agreement with a vendor approved by the California Secretary of State and meets the requirements set by Government Code Section 84615, to provide an online electronic filing system (“System”) for the California Fair Political Practices Commission campaign statements; and WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council of the City of Twentynine Palms finds and determines as follows: A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk. B. The web-based system operated by the City Clerk contains multiple safeguards to protect the integrity and security of the data, it will operate securely and effectively, and it will not unduly burden filers. Page 1 Page 5 of 12  C. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. SECTION 2. ADOPTION OF CITY CODE TITLE 2, CHAPTER 2.24. City of Twentynine Palms Code Title 2 (Administration), Chapter 2.24 (Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest) is hereby added to read as follows: CHAPTER 2.24. - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST Section 2.24.010 Purpose and Authority. A. The purpose of this ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act. B. While electronic filing of statements will be mandated under this Ordinance, the City Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk’s discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request. Section 2.24.020. Basic Requirement. A. An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act or designated in the City’s local conflict of interest code adopted pursuant to Government Code Section 87300 shall file any required Statement of Economic Interests (Form 700) online or electronically with the City Clerk. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a). B. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk. C. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the City Clerk. Page 2 Page 6 of 12  D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615. SECTION 3. CEQA- EXEMPTION: This proposed Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The Ordinance is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment. SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council of the City of Twentynine Palms hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption. PASSED, APPROVED and ADOPTED this _______ day of ___________, 20__. _____________________________ Karmolette O’Gilvie, Mayor ATTEST: ______________________________ Cindy Villescas CMC, City Clerk APPROVED AS TO FORM: ______________________________ A. Patrick Muñoz, City Attorney Page 3 Page 7 of 12 I hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced on the ___ of__________, 20__ and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on _____ day of _______, 20__, in Twentynine Palms, California by the following vote, to wit. AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ________________________________ Cindy Villescas CMC, City Clerk Page 4 Page 8 of 12  STAFF REPORT TO: City Council FROM: City Manager FOR MEETING: Jan 18 2022 SUBJECT: Assembly Bill 361. RECOMMENDATION: The City Council Adopt Resolution No. 22-__ authorizing teleconferenced public meetings pursuant to Assembly Bill 361. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report (City Manager Presenting) Council Questions of Staff • Resolution No. 22-___ Council Discussion Motion/Second Discussion of Motion Call the Question BACKGROUND: On September 16, 202I, Governor Gavin Newsom signed Assembly Bill 361 (AB361) which allows remote meetings to continue during proclaimed states of emergency through January 1, 2024. AB361 modifies the teleconferencing requirements of the Ralph M. Brown Act to allow a legislative body to meet without granting public access to the locations where members of the body are teleconferencing, such as their private residences. AB361 requires that the City Council adopt a Resolution authorizing teleconferenced public meeting pursuant to AB361 and make these findings by a majority vote every 30 days, should the State of Emergency remain active, in order to continue invoking the Brown Act exemption to teleconferencing rules. To continue meeting remotely under the provisions of AB361 and continue invoking the Brown Act exemption to teleconferencing rules, the City Council must adopt subsequent resolutions each month reauthorizing teleconferenced meetings. Additionally, the following circumstances must exist; 1. There is a proclaimed State of Emergency; and 2. The City of Twentynine Palms or State of California continue to recommend measures to promote social distancing, or, due to the State of Emergency, the City Council determines that meeting in person would present imminent risks to the health or safety of attendees. In addition to giving notice of the meeting and posting agendas as required under the Brown Act, AB361 under the Brown Act, AB361 requires that local agencies do the following: Page 9 of 12 * Provide notice of the means in which members of the public may access the meeting and offer public comment; * In the event of a service disruption which prevents members of the public from offering public comment, the legislative body may not take any action on agenda items until service is restored; * Provide an opportunity for the public to comment in real time; and * Provide a reasonable amount of time for the public to offer comment. AB 361 leaves current teleconferencing rules in place, but exempts an agency from complying with teleconferencing rules during the current state of emergency. Based on the passage of AB 361, Staff is requesting direction from Council on handling our meetings through February 15, 2022. Here is a list of what other cities in our region are doing: 1. Apple Valley- Live 2. San Jacinto - Virtual 3. Temecula - Live 4. Victorville - Virtual 5, Palm Springs - Virtual 6. Rancho Mirage - Hybrid 7. Indian Wells - Cancelled until mid-February 8. Yucca Valley - Hybrid 9. Needles - Live 10. Big Bear - Virtual ENVIRONMENTAL: N/A ALTERNATIVES: The City Council could choose not to adopt the Resolution and provide other direction. FISCAL IMPACT: There is no fiscal impact. Page 10 of 12  CITY OF TWENTYNINE PALMS CITY COUNCIL RESOLUTION NO. 22 -___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, AUTHORIZING TELECONFERENCED PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, in response to COVID-19, California Governor Gavin Newsom issued a Proclamation of a State of Emergency on March 4, 2020; and WHEREAS, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Ralph M. Brown Act on March 17, 2020, to allow legislative bodies the opportunity to hold public meetings via teleconference; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21 which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and WHEREAS, Assembly Bill 361 modifies the teleconferencing requirements of the Ralph M. Brown Act to allow a legislative body to meet without granting members of the public access to the locations where members of the body are teleconferencing; and WHEREAS, Assembly Bill 361 requires that there is a Proclaimed State of Emergency; and one of the following exist: the City of Twentynine Palms or State of California continue to recommend measures to promote social distancing or, due to the State of Emergency, the City Council determines that meeting in person would present imminent risks to the health or safety of attendees; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: As required by Assembly Bill 361, the City Council has considered the circumstances of the State of Emergency and has found that the Proclaimed State of Emergency still exists. SECTION 2: As required by Assembly Bill 361, the City Council continues to recommend measures to promote social distancing. Page 11 of 12  SECTION 3: This Resolution shall take effect immediately upon its adoption and shall be effective for not less than 30 days after its adoption. SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. Karmolette O’Gilvie, Mayor Cindy Villescas CMC, City Clerk I do hereby certify that the foregoing Resolution No. 22- __, was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 18 day of January, 2022, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ________________________________ Cindy Villescas CMC, City Clerk Page 12 of 12