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: __________________