05 Staff Report - Amending Agenda Format and Rules
5 DATE: COUNCIL AGENDA REPORT JANUARY 15,2009 MEETING DATE: 1120/09 ITEM NO: TO: FROM: SUBJECT: GREG LARSON, TOWN MANAGER-4-- ADOPT RESOLUTION
AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES PREPARED BY: RECOMMENDATION: Adopt resolution amending Town Council Agenda Format and Rules. BACKGROUND: The Town Council Agenda Format
and Rules (Attachment 1) adopted by Council resolution was last modified by Council on AprilS, 2004. The policy sets a standard agenda order with consideration of Council Matters and
Manager Matters at the end ofthe agenda prior to Adjournment. The policy allows the Mayor to change the order of the agenda only during any individualmeeting. In addition, the policy
sets deadlines for citizens or Council members to place items on the agenda. DISCUSSION: The Mayor has expressed a desire to change the order of consideration of Council Matters and
Manager Matters to after Presentations and before the Consent Calendar. His reason for requesting this change is to provide an opportunity for the council and Manager t share information
and make announcements earlier in the meeting when more members of the public are typically present. The language concerning for citizens or Council members to place items on the agenda
is inconsistent with current practice. Therefore, staff recommends that this language be deleted from the policy. A resolution is required to modify the Town Council Agenda Format and
Rules policy. The attached resolution (Attachment 2) if adopted by Council would affect the changes discussed above. cph<; PAMELA S. JACOBS Assistant Town
Manager C:\DOCDME-l\PJACOB-l.LOS\LOCALS-l\Temp\XPgrpwise\1-20-09 .esoAmendingTC Agenda Fannat Report.doc· f Reviewed by:__Assistant Town Manager (I) iL-Town Attorney __Clerk Administrator
__Finance __Community Development
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES ( JANUARY 15,2009 ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA,
and no further action is required. FISCAL IMPACT: None. Attachments: 1. CUlTent Council Policy --Town Council Agenda Format and Rules 2. Resolution (with policy revision attached as
Exhibit A) (
Subject: Town Council Agenda Format and Rules COUNCIL POLICY TOWN OF LOS GATOS Enabling Actions: 1986-183; 1987-24; 1988-124; 1993-181; 1994-57; 1996-108; 2001-77; 2004-33 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; 4/5/04 To establish procedures which standardize the Tovill 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: Closed Session Interviews Meeting Called to Order Roll Call Pledge of Allegiance Closed Session Report Appointments Presentations Consent Calendar Verbal
Communications Public Hearings Other Business Council Matters Manager Matters Adjournment (No later than midnight without vote) N:\MGR\AdminMasters\Administrative Policies\COUNC£L\TCAGENDA.v....pd
April 5. 2004 Page 1 of 4 ATTACHMENT 1
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 ofpropelty, 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 bv Members of the Public
(l) Verbal Communications. Comments by members of the public during the Verbal Conummications 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 at 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. D. Consent Calendar The Mayor will ask if any member of the Council, Town staff or public wishes to conunent 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 pOliion of the agenda, E. Presentations The Presentations
pOltion 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 included on the Presentations pOliion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (l0) minutes, unless the Mayor grants additional
time, N:\MGRlAdminMasterslAdministrative PoliciesICOUNClLlTCAGENDA. wpd April 5, 2004 Page 2 of 4 (
F. Council Matters Members of Council may repOli 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 pmiicular 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 tlus 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 stafffor the Mayor's approval.
In this manner the Mayor determines the agenda. Any member of the Cm.mcil 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 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 Bruwn 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. I. Agenda Schedule and Preparation of Schedule Thursday, II days prior to meeting Wednesday, Noon, prior to
meeting All All agenda repolis are due to the Town Manager's Secretary. Repolis should be submitted as soon as possible to allow time for review and revision. The deadline for all repOlis
is the Wednesday prior to the Council meeting. Cut-off for requests for placement of items on agenda by members of the public. N:\MGR\A.dminl'vlasters\Administrative PoJicies\CQUNCIL\TCAGENDA.wpd
April 5, 2004 Page 3 of 4
Wednesday, 5:00 p.m., prior to meeting Thursday, prior to meeting J. Conduct of Town Council Meetings The Council shall adopt: Cut-offfor placement of items on the agenda by members
ofTown Council. Written agenda is finalized and printed. Agenda packets distributed to Town Council members. ( (1) Robeli's Rules a/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. 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 only be made at
the meeting of the original Council action or at the meeting immediately following the original action provided the matter appears on the agenda, lU1less a request for reconsideration
is made by at least two (2) members of the Council at the meeting immediately following the original action, in which event the item will be placed on the next available agenda for Council
action. See schedule in section H concerning placement of items on the regular agenda by members of the Town ( Council. 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: /On')' P. Korb, Town Attomey N:\MGR'AdminMasterslAdministrativ
e Policies\CQUNCIL\TCAGENDA.wpd AprilS. 2004 Page 4 of 4
ATTACHMENT 2 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES WHEREAS, the Town Council has adopted Town Council Agenda
FormatRules, which, among other things, sets forth the order of item for Council meeting agendas; and WHEREAS, that the Town Council Agenda Format and Rules were last amended by the
Town Council on April 5, 2004; and WHEREAS, the Town Council Agenda Format and Rules sets a standard agenda order with consideration of Comcil Matters and Manager Matters at the end
of the agenda prior to Adjoununent; and WHEREAS, the Town Council Agenda Format and Rules sets deadlines for citizens and Council members to place items on the agenda; and WHEREAS, Town
Council desires to changethe order of consideration of Council Matters and Manager Matters to after Presentations and before the Consent Calendar in order to provide an opportunity for
the Council and Manager to share information and make announcements earlier in the meeting whemore members of the public are typically presen1and to delete the language setting deadlines
for citizens and Council members on the agenda which is inconsistent with current practice RESOLVED, by the Town Council ofthe Town ofLos Gatos, County ofSanta Clara, State ofCalifamia,
that the Town of Los Gatos I. That the Town Council Agenda Format and Rules are amended to read as shown in Exhibit A attached to this resolution, which is by this reference incorporated
herein. 2. That Resolution 2004-33 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the20tl' day ofJanuary,
2009 by the following vote: .COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATIEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS
GATOS LOS GATOS, CALIFORNIA N:IMGRIADMINWORKFILE92009 COUNCIL REPORT9I-20-09 RESOLUTION AMENDING TO\,.,N COUNCIL AGENDA FORMAT & RULESDOC
(
Subject: Town Council Agenda Format and Rules Approved: PURPOSE COUNCIL POLICY TOWN OF LOS GATOS Effective: 12/15/86 Enabling Actions: 1986-183; 1987-24; 1988124; 1993-181; 1994-57;
1996-108; 2001-77; 2004-33 Revised Date: 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 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 Subject to the Mayor's discretion to change the order of consideration of any
agenda item during any individual meeting: Closed Session Interviews Meeting Called to Order Roll Call Pledge of Allegiance Closed Session Report Appointments Presentations Council Matters
Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Adjournment (No later than midnight without vote) EXIUBITB
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 ofproperty, 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 Verbal 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 ofthe 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 ofthe 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 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 Mayor's discretion in order
to control the length of a meeting. B. 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 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 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\Council Policies\Town Council Agenda Fonnat and Rules.doc Page 2 of4 (
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 ofthe 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 ofthe Council must vote
in favor ofplacing 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. 1. Agenda Schedule and Preparation of Schedule Thursday, 11 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. N:\MGR\AdminMasters\Council Policies\Town Council Agenda Fannat and Rules.doc Page 3 of 4
Thursday, prior to meeting J. Conduct ofTown Council Meetings The Council shall adopt: Written agenda is finalized and printed. Agenda packets distributed to Town Council members. (
1. Robert's Rules ofOrder or 2, Some other rules of order, or 3, Allow the Mayor to conduct the meeting as deemed appropriate so long as all members ofthe Town Council concur, K, Reconsideration
of Items No item acted upon by the Town Council will be reconsidered by the Council within ninety (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 only be made at the meeting of the 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 of the Council at the meeting immediately following the original action,
in which event the item will be placed on the next available agenda for Council action. See schedule in Section H concerning placement of items on the regular agenda by members of the
Town Council. 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: Orry P, Korb, Town Attorney N:\MGR\AdminMasters\Council Policies\Town Council Agenda Format and Rules.doc Page 4 of4 ((