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Attachment 3 - Current Town Agenda Format and Rules PolicyCOUNCIL POLICY TOWN OF LOS GATOS Subject: Town Council Agenda Format and Rules 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; 12/06/10; 08/05/13 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 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 3 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 rverbal 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. C. 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 Hearings 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. N:\MGR\AdminMasters\Administrative Policies \Town Council Agenda Format and Rules.doc Page 2 of 5 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 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 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. Agenda Schedule and Preparation of Schedule Thursday, 1 I 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. Thursday, prior to meeting Written agenda is finalized and printed. Agenda packets distributed to Town Council N\..MGRtAdminMastersWdministrative Policiesvfown Council Agenda Format and Rules.doc Page 3 of 5 Friday, prior to meeting Day of Council meeting J. Conduct of Town Council Meetings The Council shall adopt: members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet. Additional information from staff available after the Thursday distribution of the Agenda packet and public comments received prior to 11:00 a.m. Friday will be distributed to Town Council members as an Addendum to a staff report. 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 prior to the Council meeting; however, public comment may be submitted by individuals during the Council meeting. 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. 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. N:\MGR\AdminMasters\Administrative Policies \Town Council Agenda Format and Rules.doc Page 4 of 5 Step 1 — Motion to Place Reconsideration ofa 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 I 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. 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: Wzop Judie opp, Town Attorney N:UfGR\AdminMasters\Administrative Policies\Town Council Agenda Format and Rules.doc Page 5 of 5 THIS PAGE INTENTIONALLY LEFT BLANK