2010120602 - Amend Council Agenda Format and Rules regarding reconsideration of Council action.S OW N 0 MEETING DATE: 12 -06 -10
ITEM NO:
� GA� COUNCIL AGENDA REPORT
DATE: DECEMBER 1, 2010
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: AMENDMENT TO TOWN COUNCIL AGENDA FORMAT AND RULES
REGARDING RECONSIDERATION OF COUNCIL ACTIONS
RECOMMENDATION
Amend Town Council Agenda Format and Rules, Section "K," regarding reconsideration of Council
actions.
BACKGROUND
The Town Council requested that the Council Policy Committee, comprised of Council members
McNutt and Spector, discuss existing language in the policy for Town Council Agenda Format and
Rules (Attachment 1) regarding the reconsideration of actions taken by Council (section "K" in the
policy). The purpose of the discussion was to determine if revisions to the language were warranted to
make the policy more clear and consistent with common practice.
DISCUSSION
Staff provided the Policy Committee with a summary of reconsideration policies from cities in Santa
Clara County and other cities in the state, as well as Roberts Rules of Order for Reconsideration. In all
cases, the cities and Roberts Rules indicate that a motion for reconsideration must be made by any
member from the prevailing side of the vote. The existing Los Gatos Town Council policy requires that
a motion for reconsideration be made by two members of the Council and does not clarify whether the
request must be made by members on the prevailing side of the original vote.
The Policy Committee concurred that the Town's policy should be consistent with the practice of other
cities and also discussed ways to clarify the steps required for reconsideration. Attachment 2 reflects the
changes to the reconsideration policy recommended by the Policy Committee. If Council approves
PREPARED BY : PAMELA JACOBS
ASSISTANT TOWN MANAGER
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Nommunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT TO TOWN COUNCIL AGENDA FORMAT AND RULES
REGARDING RECONSIDERATION OF COUNCIL ACTIONS
DECEMBER 1, 2010
these changes, this language (with the new title) will replace section "K" in the Council Policy regarding
Town Council Agenda Format and Rules.
CONCLUSION
The Policy Committee recommends that Council approve the revised language regarding
reconsideration of prior Council actions.
ENVIRONMENTAL ASSESSMENT
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Attachinents:
1. Town Council Agenda and Format Rules
.2. Proposed Reconsideration of Prior Council Actions
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Town Council Agenda
Format and Rules
Approved:
PURPOSE
Enabling Actions:
1986 -183; 1987 -24; 1988•-
124; 1993 -181; 1994 -57;
1996 -108; 2001 -77; 2004 -33;
2009 -002
Effective: Revised Date:
12/15/86 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
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 Agenda
Subject to the Mayor's discretion to change the order of consideration of any agenda item
during any individual meeting:
Interviews
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)
ATTACHMENT 1
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 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 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 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 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. .
(4) Mayor's Discretion All time limits shall be subject to change at the Mayor's
discretion in order to control the length of a meeting.
B. Consent Calendar
The Mayor will ask if any member of the Council, Town staff or public wishes to
comment on any item on the consent calendar. At the Mayor's discretion, items
removed from the consent calendar may be considered either before or after the Public
Iearings portion of the agenda.
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.
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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 Agenda
The agenda is prepared by staff for the Mayor's approval. In this mamier 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 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
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.
I. Agenda Schedule and Preparation of Schedule
Thursday, 11 days prior to meeting All agenda reports are due to the Town
Manager's Administrative Assistant. 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.
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Thursday, prior to meeting Written agenda is finalized and printed.
Agenda packets distributed to Town Council
members.
J. 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.
K. Reconsideration of Items
No item acted upon by the Town Council will be reconsidered by the Council within ninety
(90) days of the Council 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 be placed 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 make or second motions.
The Mayor may restate, or ask that the maker restate, all motions immediately prior to any
vote.
APPROVED AS TO FORM:
Orry P, Korb, Town Attorney
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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 outlined 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 the adoption.
Step 1— Motion to Place Reconsideration of a Prior Action on a Future Council Agenda
A. This motion must be made by a Council Member who previously voted on the prevailing side of
the prior action;
B. The maker of this motion shall specifically articulate the new information, analysis and /or
circumstances that warrant(s) reconsideration of the prior action;
C. This motion must be adopted by a majority of the full Council; and
D. This 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 motion in Step 1 is approved as specified
A. The full reconsideration of the prior action will be placed on the next available Council agenda
following the usual agenda- setting and public notification process.
B. The agenda, public notification and staff report for the full reconsideration of the prior action
shall clearly note that the item has been previously acted upon by the Council and then
subsequently approved for full reconsideration 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.
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ATTACHMENT 2
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