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05 Transition to Action Item MinutestioW � of os COUNCIL AGENDA REPORT S CA5 DATE: AUGUST 26, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 09 -03 -13 ITEM NO: C SUBJECT: APPROVE THE TRANSITION TO ACTION ONLY MINUTES FOR TOWN COUNCIL MEETINGS RECOMMENDATION: Approve the transition to "Action Only" minutes for Town Council meetings as recommended by the Council Policy Committee. BACKGROUND: In 2001, the Town Council adopted a resolution confirming the use of "action only" minutes as the preferred format for recorded Council meetings. As practiced at that time, the minutes included brief summaries of speakers' comments during public hearings, and only speakers' names on any other agenda item, including Verbal Communications. No Council or staff comments were included. Over the years, the style of the minutes evolved into to include brief summaries of comments by the public, staff and Council on any agenda item Hence, the style of minutes is no longer "action only "; rather it is a modified version which is closer to "summary minutes." In 2007, the Town Council confirmed the continued use of this modified version of minutes. At the January 18, 2013 Council /Commission Forum, the Council provided direction to Town Commissions to transition to "action only" minutes. The Council Policy Committee discussed this matter at its June 11, 2013 and July 30, 2013 meetings, and concurred with staff s recommendation to transition to "action only" minutes for Town Council meetings. DISCUSSION Styles of Minutes City clerks in general law cities, such as Los Gatos, are specifically required to keep a record of council meetings; however, the legal requirements do not specify the level of detail that must be provided in the PREPARED BY: PAMELA JACOBS oz7uc-o�-YO ASSISTANT TOWN MANAGER Reviewed by: Assistant Town Attorney Finance PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE THE TRANSITION TO ACTION ONLY MINUTES FOR TOWN COUNCIL MEETINGS AUGUST 26, 2013 minutes. Thus, the style and format of the minutes are at the discretion of the governing body and may take the form of "action only," "summary," or "verbatim" minutes. Attachment 1 is an overview of these different forms of minutes. Staff reviewed the minutes of neighboring cities to identify the format of their minutes. Attachment 2 is a matrix indicating that most of the cities use action minutes, while Monte Sereno and Saratoga use summary minutes. There are small differences in the action minutes; however, for the most part they include Council reports /announcements, public comments, and no comments by Council members unless a request is made that a particular comment be included for the record. Reasons for Transition to Action Only Minutes Staff recommends that the Council consider a transition back to "action only" minutes. The three primary reasons for this recommendation are: 1) complete video records of Council meetings are available on DVDs and on the Town's website; 2) the actions taken and directions given by Council are required for minutes, and Council's and staff's oral remarks are not; and 3) staff time to produce the current form of minutes is considerable (8 to 12 hours per typical meeting, plus additional time for management review) primarily due to the time required to summarize Council and staff comments. Producing the current style of minutes requires the minute taker to make judgments about which comments to include; to paraphrase comments so that they are clear in writing; and to combine related comments. This not only requires a significant amount of time, it also places staff in the position of determining the relative importance of individual comments and accurately interpreting Council and staff remarks. Official minutes must include Council actions and direction, but do not need to include Council and staff questions, responses, and discussions. The official record stands on the decisions and directions and not on the conversation preceding the decision or direction. Video recordings of the proceedings provide a complete record of the meetings for those who are interested in the discussion. Summarizing the discussion is not only challenging and time - consuming, it does not provide a comprehensive record of the discussion nor the names of speakers associated with comments. Recommendation and Alternatives Staff recommends that the Town transition back to action only minutes for Town Council meetings. Specifically, "action only" minutes would include the following: • Date, hour and place of the meeting • Type of meeting (regular, adjourned or special meeting) • Names of the members of the governing body present • Pledge leader name; Closed Session report; Ceremonials • Brief remarks under Council Matters and Manager Matters • Motions made PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE THE TRANSITION TO ACTION ONLY MINUTES FOR TOWN COUNCIL MEETINGS AUGUST 26, 2013 • Recorded votes • Direction to staff • Statements requested to be on the record • Names of staff presenting staff reports • Names of individuals addressing the meeting under any matter or Verbal Communications, along with the topic of continent The "action only" minutes would not summarize Council or staff comments; but would note that Council discussed an item. Regarding public comments, staff recommends that the minutes include the topic(s) of the comments rather than brief summaries for the same reasons that including Council and staff comments is difficult and not needed due to the availability of the meeting video. Alternatives to the staff and Council Policy Committee recommendation are: • Continue the current practice of summary minutes • Move to verbatim minutes (estimated at a minimum annual cost of $10,000 to $15,000) • Revise one or more of the above recommendations for action only minutes CONCLUSION: Staff and the Council Policy Committee recommend that the Town Council approve the transition to action only minutes for Town Council meetings. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Transitioning to action only minutes will reduce the amount of staff time for preparation of the minutes, and expand staff capacity to attend to other duties. Attachments: 1. Overview of Style of Minutes 2. Survey of Neighboring Cities THIS PAGE INTENTIONALLY LEFT BLANK OVERVIEW OF STYLE/FORMAT OF MINUTES Action Only Minutes Motions: All motions made by members of the governing body, even if they are not seconded, with the resulting vote of all motions. Includes any changes or additions to conditions, etc. Recorded votes: Listing the ayes, nays, abstained and absent or showing unanimous action. Direction to staff: Direction associated with a study session or other agenda item for staff follow up. Matters requested to be on the record: Any statements that a member specifically requests "that the minutes show." Individuals addressing the meeting: Name of any person who addresses the governing body. Optional: Brief summaries of speaker comments during public hearings (e.g., spoke against or for the project, etc.) or brief summaries of speaker comments on any matter including verbal communication (e.g., topic of comment, summary of comment). Summary Minutes .All of above, plus summaries of Council oral remarks, questions and reasoning and staff comments and responses. Verbatim Minutes Word for word oral remarks. Note regarding Los Gatos practice: Although the Town has referred in the past to its minutes as `modified action only," the style of minutes in practice is closer to "summary minutes." ATTACHMENT 1 SURVEY OF STYLE OF COUNCIL MINUTES City Style of Minutes Comments Monte Sereno Summary Council report outs, public comment, summary of Council comments with names Council report outs, public comment, Saratoga Summary summary of Council comments with names (more brief than MS) Council report outs, public comment, and Cupertino Action staff comments more than LG; limited Council comments for the record with names. Campbell Action Council report outs, public comment, no Council commentss Los Altos Action Council report outs, public comment, no /limited Council comments with names Council report outs, public comment, no Palo Alto Action Council comments. Council report outs, public comment, no Morgan Hill Action Council comments. Council report outs, public comment, no Gilroy Action Council comments. ATTACHMENT 2