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2004-033- Amending Town Council Agenda Format And RulesRESOLUTION 2004 - 33 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES .WHEREAS: A. The Town Council has adopted Town Council Agenda Format and Rules, which,. among otherthings, sets forth the order of items for Council meeting agendas. B. That the Town Council Agenda Format and Rules were last amended by the Town Council on July 2, 2001 (Resolution .2001-77). C. The Town Council Agenda Format-and Rules currently provide that items removed from the consent calendar shall be considered for discussion and action after the Public Hearings portion of the agenda, and elsewhere that the Mayor has the discretion to change the order of consideration of any item during any individual meeting. D. The Town Council desires to amend its Agenda Format and Rules to grant the Mayor the discretion to determine the order of consideration of items that are .removed from the .consent calendar during the meeting in which those items are removed. RESOLVED:. That paragraph 'D. of the Town :Council Agenda Format and Rules .are .amended to read as shown in Exhibit "A" to this Resolution, which is by this reference incorporated herein. 2. That Resolution 2001-77 is 'hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 5`" day of April, 2004, by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: None ABSENT: None ABSTAIN: None A' CLERK OF THE TOWN OF ....LOS GATOS, CALIFORNIA SIGNED: ~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA LOS GA S COUNCIL POLICY TOWN OF LOS GATOS Subject: Town Council Agenda Enabling Actions: Format and Rules 1986-1'83; 1.987-24; 1988-124; 1993-181; 1994-57; 1996-108; 2001-77 Approved: ~ Effective: Revised Date: 12/15/86 12/15/86; 3/2/87; 6/6/88.; 6/1S/92; 12/6/92; 12/6/93; 4/4/94; 8/5/96:; 7/2/01 PURPOSE. To establish procedures which standardize the Town Council agenda and insure an orderly meeting. POLICY The following policies have been established: A. Order of the A eg nda Subj ect to the Mayor's discretion to change the order of consideration of any agenda item during any individual meeting: Closed Session Interviews Meeting Called to Order Roll Call Pledge of Allegiance Closed Session Report. .Appointments Presentations Consent Calendar Verba'1 Communications Public Hearings Other Business Council Matters Manager Matters Adjournment (No later than midnight without vote) 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 ofproperty, or c) any employee's privacy interests. In addition, the closed session agenda shall Page 1 of 4 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 Verbal Communications portion of the agenda shall be limited to no more than three (3) minutes per speaker. (2) Public Hearings. Presentations during the Public Hearings portion of the agendaby appellants .and :applicants, including any expert. or consultant assisting -with the presentation, shall be invited to a total of no more than ten (10) minutes for all speal~ers. .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) Other A~endaZtems. 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. (4) .Mayor's Discretion. All time limits shallbe subject to change at the Mayor's discretion in order to control the length of a meeting. D. Consent Calendar The Mayor will ask if any member of the Council, Town staff or public wishes to comme~it on any item on the consent calendar. At the Mayor's discretion, items removed from the consent calendar maybe considered either before or after the Public .Hearings portion of the agenda. E. .Presentations The Presentations portion of the agenda is intended to allow organized :groups to male formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included onthe 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, malce 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 maybe raised .for the first time under this item. Page 2 of 4 G. Adj ournrnent Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time. H. Preparation of the A eg nda The agenda. is prepared by staff for the Mayor's approval. In this manner the Mayor determines the agenda. Any member of the Council may request that the Mayor make a change or ,addition to the agenda. Such requests may be made through the Town Manager or directly to the Mayor. In no eventmay 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 portion 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. If the wish of the Council is to add an item on the agenda of the current meeting, then the BY'OWn Act generallyrequires atwo-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. I. Agenda Schedule and Preparation of Schedule Thursday, 11 days prior to meeting All agendareports are due to the Town .Manager's Secretary. Reports should be submitted as soon as possible to allow time for review and revision. The deadline for all reports is the Wednesday prior to the Council meeting. Wednesday, Noon, prior to meeting Wednesday, 5:00 p.m., prior to meeting Thursday, prior to meeting J. Conduct of Town Council Meetings The Council shall adopt: Cut-off for requests -for placement of items on agenda by members of the public. Cut-off :for placement of items on the agenda by members of Town Council. Written agenda is finalized and printed. Agenda pacl~ets distributed to Town Council members. Page 3 of 4 (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. K. Reconsideration of Items No item acted upon by the Town Council will be reconsidered by the Council within 90 days of the Counci'1 action unless the item is requested for reconsideration by a member of the Town Council. A motion for reconsideration may only be made at the meeting of the original Council action or at the meeting .immediately following the original action provided the matter appears on the agenda, unless a request for reconsideration is made by at least two (2) members of the Council at the meeting immediately following the original action,. in which event the item will beplaced on the next available agenda for Council action. See schedule in section H concerning placement of items on the regular agenda by members of the Town Council. L. Motions by the Chair 'The Chairperson of the meeting may snake or second motions. The Mayor may restate, or ask that the maker restate, all motions immediately prior to any vote. .APPROVED AS TO FORM; ~~ ~Jr P. Korb, Town Attorney Page 4 of 4 COUNCIL .POLICY TOWN OF LOS GATOS Subject: Town Council Agenda Enabling Actions: Format and.Rules 1986-183;.1.987 24; 198.8-124; .1993-18'1; 1994-57; 1996-108; 2001-77; 2004-33 Approved: Effective: Revised Date: 12/15/86 12/15/86; 3/2/87.; 6/6/88; 6/15/92; 12/6/92; r1 12/6/93.; 4/4/94; 8/5/96; 7/2/0.1; 4/5/04 PURPOSE To :establish procedures -which standardize the Town Council agenda and insure an orderly meeting. POLICY The .following policies have been established: A. Order of the A eg_nda Subject to the Mayor's discretion to change the order of consideration of any agenda item during any individual meeting: Closed Session Interviews Meeting Called to Order Roll Call Pledge of Allegiance Closed Session Report Appointments Presentations Consent Calendar Verbal Communications Public Hearings. Other Business Council Matters Manager :Matters Adjournment (~No later than midnight without vote) N:\MGR\AdminMasters\fldminish~ative Policies\COiJNCIL\TCAGENDA:wpd Apri15, 2004 Page 1 of 4 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. Preparation of-the A eg nda The agenda is ,prepared by staff for the Mayor's approval. In this manner the Mayor determines the agenda. Any member of the Council .may request that the Mayor make a change or addition to the agenda. Such requests .may be made through the Town Manager or directly to the Mayor. 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 1Vlatters portion 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. If the wish of the Council is to add an item on the agenda of the current meeting, then the BNOWn Act generally requires atwo-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. I. Agenda Schedule and Preparation of Schedule Thursday, 11 days prior to meeting All .agenda reports are due to the Town Manager's '.Secretary. Reports should be submitted as soon as possible to allow time .for review and revision. The deadline for all reports is the Wednesday prior to the Council meeting. Wednesday, Noon, prior to meeting Cut-off for requests for placement of items on .agenda by members of the public. N:\MGRS°,dminMasters~Administrative Policies\COiJNCIL\TCAGENDA.wpd Apri15, 2004 hage 3 Of 4