Item 16 - Mayor Vice Mayor Election
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: 08/20/2019 ITEM NO: 16
DATE: August 13, 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. To comply with Government Code Section
36801, staff is recommending the following amendments 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
meeting in November December of each year, or if during an election year, the
election of the Mayor and Vice Mayor shall be scheduled on the same meeting
day as the certification of election results and installation of newly or re-elected
Council Members.
PAGE 2 OF 2 SUBJECT: Ordinance Amending Chapter 2, Article II, Section 2.20.035, Election of Mayor and Vice-Mayor DATE: August 13, 2019
ALTERNATIVES:
The Town Council may also consider the following alternatives:
• The installation of newly or re-elected Council Members and the election of Mayor and
Vice Mayor occur during a special meeting in December after receipt of election results
from the Registrar of Voters. This could 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, which is typically
considered by the full Council at the second regular meeting in December.
• The draft Ordinance would go into effect on January 1, 2020 and the 2019 election of
Mayor and Vice Mayor would occur at the second meeting in November.
• Other options that the Town Council may choose to explore.
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
ATTACHMENT 1
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING
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 on the second meeting
in December of each year, or if during an election year, the election of the Mayor and Vice
Mayor shall be scheduled on the same meeting day as the certification of election results and
installation of newly or re-elected Council members.
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.
2 of 2
Ordinance Council Meeting Date
ATTACHMENT 1
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 or
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 thirty (30) days after it is adopted. 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: __________________