Attachment 1
COUNCIL POLICY MANUAL
TITLE: Town Council Agenda Format and Rules
POLICY NUMBER: 2-01
EFFECTIVE DATE: 12/15/86
PAGES: 6
ENABLING ACTIONS: 1986-183; 1987-24;
1988-124; 1993-181; 1994-57; 1996-108; 2001-
77; 2004-33; 2009-002
REVISED DATES: 12/15/86; 3/2/87; 6/6/88; 6/15/92;
12/6/93; 4/4/94; 8/5/96; 7/2/01; 4/5/04; 1/20/09;
3/16/09; 12/06/10; 8/5/13; 3/03/15; 9/20/16; 6/20/17
APPROVED:
Small Town Service Community Stewardship Future Focus
PURPOSE
To establish procedures which standardize the Town Council agenda and insure an orderly
meeting. This Policy applies to Town Council and all Town Boards, Commissions, and
Committees.
POLICY
The following policies have been established:
A. Order of the Agenda
Subject to the Mayor’s, or Chair’s, discretion to change the order of consideration of any agenda
item during any individual meeting:
Meeting Called to Order
Roll Call
Pledge of Allegiance
Appointments
Presentations
Closed Session Report
Council Matters
Manager Matters
Consent Calendar
Verbal Communications
Public Hearings
Other Business
Adjournment (No later than midnight without vote)
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B. Closed Session Report
At the first Council meeting following any Closed Session, the Town Attorney will report on the
Closed Session describing what occurred, but without reporting any information which could
damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition
of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall
clearly identify the subject of each agenda item consistent with the requirements of the Brown
Act.
C. Communications by Members of the Public
1. Verbal Communications. Comments by members of the public during the initial
Verbal Communications portion of the agenda on items not on the Council agenda
shall be limited to 30 minutes and no more than three (3) minutes per speaker. As an
item not listed on the agenda, no response is required from Town staff or the Council
and no action can be taken. However, the Council may instruct the Town Manager to
place the item on a future agenda. At the conclusion of the first Verbal
Communications, the agenda will proceed onto the Public Hearings and Other
Business sections of the agenda. In the event additional speakers were not able to be
heard during the initial Verbal Communications portion of the agenda, an additional
Verbal Communications section can be opened prior to Adjournment.
2. Public Hearings. Presentations during the Public Hearings portion of the agenda by
appellants and applicants, including any expert or consultant assisting with the
presentation, shall be limited to a total of no more than ten (10) minutes for all
speakers. Appellants and applicants shall be provided no more than five (5) minutes
to rebut at the end of the public hearing. Other members of the public testifying at
public hearings shall be limited to no more than three (3) minutes.
3. Submittal of written materials by Applicant and Appellant. To allow Town Council,
Boards, Commissions, Committees, Town Staff, and the public the opportunity to
review material in advance of a hearing, all materials submitted by the Applicant or
Appellant must be received by the Town Clerk fourteen (14) days prior to the
scheduled public hearing. Documents and materials received from the Applicant or
Appellant after the deadline will be accepted; however, the Town Staff may not have
the time to analyze the documents and material, and Town Council may not have the
time to consider materials submitted after the deadline. The submittal of any
additional material by the Applicant or Appellant shall not be considered prima facie
evidence (sufficient to establish a fact or raise a presumption) under Town Code
Section 29.20.300.
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4. Other Agenda Items. Comments by members of the public concerning any other item
on an agenda shall be limited to no more than three (3) minutes per item.
5. Mayor’s Discretion. All time limits noted above shall be subject to change at the
Mayor’s discretion.
D. Consent Calendar
Items on the Council agenda that are considered to be of a routine and non-controversial nature
are placed on the Consent Calendar. Typical items include meeting minutes, final reading and
adoption of ordinances, resolutions approving agreements, awards of contracts, status staff
reports, etc.
Consent items shall be approved by a single Council motion, unless a member from the Council
or the public requests that an item be removed for separate Council action. Items removed from
the Consent Calendar may be considered at that meeting at the Mayor’s discretion.
E. Presentations
The Presentations portion of the agenda is intended to allow organized groups to make
formal presentations to the Council and to recognize and honor deserving individuals and
organizations. All matters included on the Presentations portion of the agenda require the
prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless
the Mayor grants additional time.
F. Council Matters
Members of Council may report on the activities of the committees to which they belong or the
meetings they attend, question staff briefly on matters upon which the Council has taken action
or given direction, make brief announcements, or discuss whether to place particular items on
future agendas for action by the Council. Future agenda items to be briefly discussed here shall
be identified consistent with Section G of this policy, or may be raised for the first time under
this item.
G. Adjournment
Council meetings will be adjourned at midnight unless a majority of the Council Members
present vote to extend the adjournment time.
H. Americans with Disabilities Notice on Town Agendas
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As part of the requirements under the Americans with Disabilities Act, the Town is required to
provide notice of whom to contact in advance of a public meeting for assistance to disabled
individuals who might wish to participate. The following notice shall be provided in at least one
location on each Town agenda for Council, Boards, Commissions, or Committees.
I. Preparation of the Agenda
The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If
there is a disagreement between the Mayor and staff, the Mayor makes the ultimate call on the
Agenda and its items. Any member of the Council may submit a request through the Town
Manager or directly to the Mayor to make a change or addition to the agenda. In no event may
the subject of whether to amend the agenda be discussed outside of a public meeting by more
than two (2) members of the Council.
Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for
action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes
only under the Council Matters section of the agenda. Council may then discuss whether to
place the item on a future agenda for action. Two (2) or more members of the Council must vote
in favor of placing an item on a future agenda for action. The Mayor in good faith will make
every effort to place the item on the first available Council agenda in consultation with the Town
Manager.
If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown
Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than
five (5) Council Members are present, with a finding that there is a need to take immediate action
and the need for action came to the attention of the Town after the agenda was posted.
J. Agenda Schedule and Preparation
Thursday, prior to
the meeting
Written agenda is finalized and printed. Agenda packets
distributed to Town Council Members. Public comments on
agenda items received by 11:00 a.m. will be included in the
agenda packet.
Friday, prior to
meeting
Additional information from staff available after the Thursday
distribution of the agenda packet, and public comments received
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Clerk Administrator at (408) 354-6834.
Notification 48 hours before the meeting will enable the Town to make reasonable
arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104]
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prior to 11:00 a.m. on Friday will be distributed to Town Council
members as an Addendum to a staff report.
Monday, prior to
the meeting
Additional information from staff available after the Friday
Addendum and received prior to 11:00 a.m. on Monday will be
distributed to Town Council members as an Addendum to a staff
report.
Day of Council
Meeting
Council comments and questions received by 7:00 a.m. and public
comments received by 11:00 a.m. on the morning of a Council
meeting will be included in a Desk Item for distribution to Town
Council members by 1:00 p.m. on the afternoon of a Council
meeting. Council comments and questions received after 7:00
a.m. may be addressed during the Council meeting. Public
comment received after 11:00 a.m. will not be distributed to the
Council in the Desk Item; however, public comment may be
submitted by individuals during the Council meeting.
In general, questions or inquiries from Council Members to the Town Manager and/or Town
Attorney regarding agenda items should be responded to within 24 hours, and then placed
into Addenda and/or Desk Items, as appropriate.
K. Agenda Posting
Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24
hours prior to a special meeting. Notice of any meeting of a formally appointed Committee
where two Council Members could be present shall be posted at least 24 hours in advance of any
such meeting with a note as to the time and location, and an invitation to the public to attend.
L. Conduct of Town Council Meetings
The Council shall adopt:
1. Robert's Rules of Order or
2. Some other rules of order, or
3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members
of the Town Council concur.
M. Attendance at Meetings
The Town Council Rules provisions concerning Telephonic Attendance shall apply to all Boards,
Commissions, and Committees as well as the Town Council. Requests by Council Members to
attend a Council meeting via telephonic appearance are actively discouraged. Telephonic
attendance shall only be permitted in the event of extraordinary events such as a medical, family
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or similar emergency requiring a Council Member’s absence or in the event the Councilmember
is out of the area on official Town business. In addition, at least a quorum of the Council must
participate from a location within the Town.
N. Proposed Reconsideration of Prior Council Actions
Reconsideration of prior Council actions is discouraged and may only occur in special
circumstances subject to the procedural restrictions outlines herein. Reconsideration does not
include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a
lawsuit or a referendum challenging that adoption.
Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda
a) The motion must be made by a Council Member who previously voted on the prevailing
side of the prior action;
b) The maker of the motion shall specifically articulate the new information, analysis
and/or circumstances that warrant(s) reconsideration of the prior action;
c) The motion must be adopted by a majority of the full Council; and
d) The motion may only be made and considered at the next regularly scheduled meeting
of the Council after the item was originally acted upon.
Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved.
a) The full reconsideration of the prior action will be placed on the next available Council
agenda following the agenda-setting and required public notification process.
b) The agenda, public notification and staff report for the full reconsideration of the prior
action shall clearly state that the item has been previously acted upon by the Council and
is being reconsidered by the Council.
c) Action on the reconsideration of the prior action shall adhere to regular Council policies
and practices as if the item was being heard for the first time.
d) The full reconsideration of the prior action (whether sustained, reversed or otherwise
modified) will be the final action on that item, and no further reconsiderations will be
considered.
O. Motions by the Chairperson
The Chairperson of the meeting may make or second motions. The Chairperson may also restate,
or ask that the maker restate, all motions immediately prior to any vote.
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APPROVED AS TO FORM:
Robert Schultz, Town Attorney