04 Staff Report - Amending Town Council Agenda Format and Rules
DATE: TO: FROM: SUBJECT: MEETING DATE: 4/5/04 AGENDA ITEM: COUNCIL AGENDA REPORT March 26, 2004 ORRY P. KORB, TOWN APPROVE
RESOLUTION AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES RECOMMENDATION: Approve resolution amending Town Council Agenda Formatand Rules. BACKGROUND: At its meeting on March 15, 2004,
Council expressed.a desire for greaterflexibility in determining when to consider matters that are removed fr<?m the consent calendar. The current policy is found in paragraph D of the
Town Council Agenda Format and Rules and reads as follows: The Mayor will ask if any member of the Council, Town staff or public wishes to comment on any item on the consent calendar.
Items removed from the consent calendar shall be considered for discussion and action after the Public Hearings portion ofthe agenda. Paragraph A ofthe same Council policy provides the
Mayor with discretion to change the order of consideration of any item during any individual meeting. DISCUSSION: The specific policy found in paragraph D is ultimately subordinate to
the general authority found in paragraph A, granting the Mayor the discretion to modify the order ofthe agenda in any individual meeting. Council is thus left with the following options:
1. Make no changes so that the rule remains that removed consent items are heard after public PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:wp [N:\ATYlAgendaFormalandRules.tcr.wpd] Reviewed
by: Rev: 3/26/04 10: Reformatted: 7/19/99 Clerk File# 30 I-05
PAGE2, . MAYOR AND TOWN COUNCIL I SUBJECT: APPROVE RESOLUTION AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES March 25, 2004 hearings unless the Mayor elects to change the order during
the course of a meeting; 2. Change paragraphD to require that removed consent items be heard prior to public hearings unless the Mayor elects to change the order during the course of
a meeting; or 3. Change paragraphDto delete any required order for hearing removed consent items, leaving it to the Mayor's discretion to determine during the meeting when to hear any
item that is removed from the consent agenda. Consistent with the above recommendation, the attached proposed resolution incorporates the third option by amending the second sentence
of paragraph D to read as follows: -At the Mayor's discretion, items _removed from the consent calendar may be considered either before or after the Public Hearings portion ofthe agenda.
This option is recommended because it avoids a binding rule and allows the decision about the order ofthe agenda to be made at the moment when the Mayor is most knowledgeable offhe consequences
of the decision on the conduct of ameeting. This change would also accommodate a custom of hearing such items at any set pointofan agenda. .-ENVIRONMENTAL ANALYSIS: Changing the Town
Council AgendaFormat and Rules is not a "proj ect" as defined by the California Environmental Quality Act. FISCAL ANALYSIS: Changing the Town Council Agenda Format and-Rules will not
have any discernable fiscal impact on the Town. Attachments: Proposed Resolution (policy revision attached as Exhibit "A" to resolution)
RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES WHEREAS: A. The TownCouncil has adoptedTown Council AgendaFonnatand
Rules, which, among other things, sets forth the order of items for Council meeting agendas. B. That the Town Council Agenda Fonnat and Rules were amended by the Town Council
on July 2,2001 (Resolution 2001-77). C. The Town Council Agenda Fonnat and Rules currentlyprovide that items removed from the consent calendar shall be considered for discussion and
action after the Public Hearings portion ofthe agenda, and elsewhere that the Mayor has the discretion to change the order of consideration of any item during any individual meeting.
. D. The Town Council desires to amend its Agenda Fonnat and Rules to grant the Mayor thediscretion to determine the order·of consideration of items that are removed from the consent
calendar during the meeting in which those items are removed. RESOLVED: 1. That paragraph D. ofthe Town Council Agenda Fonnat and Rules are amended to read as shown in Exhibit "A" to
this Resolution, whichis by this reference incorporated herein. 2. That Resolution 2001-77 is hereby rescinded. PASSED AND ADOPTED at a regular.meeting of the Town Council of the Town
of Los Gatos, California held on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: day of , 2004, by the following vote: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\AgendaFormatandRules.reso.wpd
Subject: Town Council Agenda Fonnat and Rules COUNCIL POLICY TOWN OF LOS GATOS . Enabling Actions: 1986-183; 1987-24; 1988-124; 1993-181; 1994-57; 1996-108; 2001-77 Approved: PURPOSE
Effective: 12/15/86 Revised Date: 12/15/86; 3/2/87; 6/6/88; 6/15/92; 12/6/92; 12/6/93; 4/4/94; 8/5/96; 7/2/01 \ j ....---....,... To establish procedures
which standardize the Town Council agenda and insure an orderly meeting. POLICY The following policies have been established: A. Order ofthe Agenda Subjectto the Mayor's discretion to
change the order ofconsideration ofany agenda item during any individual meeting: Closed·Session Interviews Meeting Called to Order Roll Call Pledge ofAllegiance Closed Session Report
Appointments Presentations Consent Calendar Verbal Communications Public Hearings Other Business Council Matters Manager Matters Adjournment (No later than midnightwithout vote) B. Closed
Session Report At the first Council meeting following any closed session, the Town Attomeywill report on the closed session descnbing what occurred, but without reporting any infonnation
which could damage the .Town's position ona) potential or existing litigation, b) the acquisition or disposition ofproperty, or c) any employee's privacy interests. In addition, the
closed session agenda shall Page 1 of 4
clearly identify the subject ofeach agenda item consistent with the ofthe Brown Act. C. Communications by Members ofthe Public (1) Verbal Communications. Comments
by members of the public during the Verbal Communications portion ofthe agenda shall be limited to no more than three (3) minutes per speaker. (2) Public Hearings. Presentations during
the Public Hearings portion of the by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total ofno
more than ten (10) minutes for all speakers. Appellants and applicants shall be provided no more than five (5) minutes to rebut at the end ofthe pUblic hearing. Other members ofthe public
testifying at public hearings shall be limited to no more than three (3) minutes. (3) Other Agenda Items. Comments by members ofthe 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 discretion in order to control the length
ofa meeting. D. Consent Calendar The Mayor will ask ifany member ofthe 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 Pu.blic Hearings portion of the agenda. E. Presentations The Presentations portion ofthe 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 ofthe agenda requ.ire the prior approval ofthe Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time. F. Council Matters Members
ofCouncil may report on the activities ofthe comrtiittees to which they belong or the meetings they attend, question staffbriefly 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 ofthis Policy, or may be raised for the first time under this item. Page 2 of 4
,j 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 ofthe Agenda The
agenda is prepared by staff for the Mayor's approval. In this manner the Mayor detennines the agenda. Any member ofthe Council may request that the Mayor make a change or addition to
the agenda. Such requests maybe made through the Town Manager or directly to the Mayor. In no event may the subject ofwhether to amend the agenda be discussed outside of a public meeting
by more than two (2) members ofthe 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 ofplacing an item on a future agenda for action. Ifthe wish ofthe Council is to add an item on the agenda ofthe current
meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote ofthose 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 ofthe 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 Secretary. 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. Wednesday, Noon, prior to meeting Cut-off for requests for placement of items on agenda by members of the public. Wednesday,
5:00 prior to meeting Cut-off for placement of items on the agenda by members ofTown Council. Thursday, prior to meeting Written agenda is finalized and printed. Agenda packets
distributed to Town Council members. J. Conduct ofTown Council Meetings The Council shall adopt: Page 3 of 4
(1) Robert's Rules afOrder, or (2) Some other rules oforder, or (3) Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Town Council concur. K.
Reconsideration ofItems No item acted upon by the Town Council will be reconsidered by the Council within 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 onlybe made at the meeting ofthe 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 ofthe Council at the meeting immediately following the original action,
inwhich event the item wili be placed on the next available agenda for Council action. See schedule in sectionH concerning placement ofitems on the regular agenda by members ofthe Town
Council. L. Motions by the Chair The Chairperson ofthe meeting may make or second motions. The Mayormayrestate, or ask that the maker restate, all motions immediately prior to any vote.
APPROVED AS TO FORM: Orry P. Korb, Town Attorney Page 4 of 4