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Staff Report with Attachment PREPARED BY: Robert Schultz Town Attorney Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 09/03/2019 ITEM NO: 6 DATE: August 27, 2019 TO: Mayor and Town Council FROM: Robert Schultz, Town Attorney SUBJECT: Introduction of an Ordinance of the Town of Los Gatos Amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice-Mayor RECOMMENDATION: Accept public comment and then move for the introduction and first reading of an Ordinance, by title only, amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice - Mayor. BACKGROUND: Each year, at the second meeting in November, the Town Council elects a Mayor and Vice Mayor pursuant to Town Code Section Sec. 2.20.035. DISCUSSION: Government Code Section 36801 states that during election years, the Town Council shall choose one of its members as Mayor and Vice Mayor following the declaration of election results and the installation of elected officials. On August 20, 2019, the Council considered amendments to Town Code Section Sec. 2.20.035 in order to comply with Government Code Section 36801, and directed Staff to return with the following amendment to the Town Code: Sec. 2.20.035. - Election of Mayor and Vice-Mayor. The Town Council shall elect a Mayor and Vice Mayor annually on the second at a special meeting in November December of each year after receipt of election results from the Registrar of Voters. Th e special meeting shall occur prior to the second regular meeting in December to enable the newly elected Mayor the PAGE 2 OF 2 SUBJECT: Ordinance Amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice-Mayor DATE: August 27, 2019 opportunity to recommend appointments of Council Members to various Boards and Committees at the second regular meeting in December. CONCLUSION: Staff recommends that Council accept public comment and then move for the introduction and first reading of an Ordinance, by title only, amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice-Mayor. COORDINATION: This report was coordinated with the Town Manager’s Office. FISCAL IMPACT: There are no fiscal impacts associated with the approval of these amendments. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required . Attachment: 1. Draft Ordinance Amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice Mayor 1 of 2 Ordinance Council Meeting Date DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOSAMENDING CHAPTER 2, ARTICLE II, SECTION 2.20.035, ELECTION OF MAYOR AND VICE-MAYOR WHEREAS, the Town Council for the Town of Los Gatos has historically elected a Mayor and Vice Mayor pursuant to Town Code Section Sec. 2.20.035; and WHEREAS, Government Code Section 36801 states that during election years, the Town Council shall choose one of its members as Mayor and Vice Mayor following the declaration of election results and the installation of elected officials; and WHEREAS, to comply with Government Code Section 36801, certain amendments are necessary to the Town Code. NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY ORDAIN AS FOLLOWS: SECTION I Town Code Section 2.20.025 is amended to read as follows: Sec. 2.20.035. - Election of Mayor and Vice-Mayor. The Town Council shall elect a Mayor and Vice Mayor annually at a special meeting in December of each year after receipt of election results from the Registrar of Voters. The special meeting shall occur prior to the second regular meeting in December to enable the newly elected Mayor the opportunity to recommend appointments of Council Members to various Boards and Committees at the second regular meeting in December. SECTION II The Town Council finds and determines that the adoption of this ordinance is not a project pursuant to CEQA Guidelines Section 15378(b)(2) and Section 15378(b)(5). In the alternative, if the Town Council finds that if the adoption of the Ordinance is a project, it is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061( b)( 3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment. SECTION III Except as expressly modified in this Ordinance, all other Sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. ATTACHMENT 1 2 of 2 Ordinance Council Meeting Date SECTION IV If any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision o r application, and to this end the provisions of this ordinance are severable. The Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced. SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect on January 1, 2020. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________