05 Staff Report - Agenda Format and Rules
DATE: TO: FROM: SUBJECT: MEETING DATE: 3/16/09 ITEM NO: 5' COUNCIL AGENDA REPORT March 12, 2009 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGERbX---ADOPT RESOLUTION AMENDING TOWN COUNCIL
AGENDA FORMAT AND RULES 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 January 20,2009. The policy sets a standard agenda order with consideration of the Closed Session Report after the Pledge of Allegiance.
The policy allows the Mayor to change the order ofthe agenda only during any individual meeting. DISCUSSION: The Mayor has expressed a desire to change the order of consideration of
Closed Session Report to after Presentations and before the Council and Manager Matters. This order would allow the ceremonial items to occur without interruption and would place the
Closed Session Report before the business portion of the meeting. 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 change discussed above. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. 9CvA.u Le_ 007t {C!1NJ
PREPARED BY: PAMELA S. JACOBS Assistant Town Manager N:\MGR\AdminWorkFiles\2009 Council Reports\3-16-09 AmendingTC Agenda Fonnat Report.doc \ Reviewed by: __Assistant Town Manager Town
Attorney __Clerk Administrator __Finance __Community Development
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES MARCH 12, 2009 FISCAL IMPACT: . None. Attachments: . 1. Current Council Policy --Town
Council Agenda Fonnat 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; 1988124; 1993-181; 1994-57; 1996-108; 2001-77; 2004-33; 2009-002 Approved:
PURPOSE Effective: 12/15/86 Revised Date: 12/15/86; 3/2/87; 6/6/88; 6/15/92; 12/6/93; 4/4/94; 8/5/96; 7/2/0 I; 4/5/04; 1120/09 To establish procedures which standardize the Town 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 Council
Matters Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Adjourriment (No later than midnight without vote) 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 occuned, but without reporting
any information which could damage the Town's position on a) potential or existing litigation, b) the acquisition or disposition of property, 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
(l) Verbal Communications. Comments by members of the public during the Verbal Communications pOliion 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 expeli or consultant assisting with the presentation, shall
be limited to a total of no more than ten (l0) minutes for all speakers. Appellants and applicants shall be provided no more than five (5) minutes to rebut 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 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 subj ect 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 pOliion of the agenda. E. Presentations The Presentations
pOliion ofthe agenda is intended to allow organized groups to make fOlwal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters
included on the Presentations pOliion 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\Coullcil Policies\Towll Council Agenda Format and Rules.doc Page 2 of 4
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 tmder this item. G. Adjournment Council meetings will be adjourned
at midnight unless a majority.ofthe 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 of the 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 10 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 of the Council must vote
in favor of placing an item on a future agenda for action. If the wish of the Cotmcil 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. I. Agenda Schedule and Preparation of Schedule Thursday, 11 days prior to meeting All agenda repOlis 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:\1vlGR'.AdminMasters\Council Policies\Town Council Agenda Format and Rules.doc Page 3 of 4
Thursday, prior to meeting J. Conduct of Town Council Meetings The Council shall adopt: Written agenda is finalized and printed. Agenda packets distributed to Town Council members. 1.
Robeli'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 of the Town Council concur. K. Reconsideration
of Items No item acted upon by the Town COLmcil 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 ofthe original COlmcil 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 COlillcil. 1. 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: 9ff?P, Korb, Town Attorney N:'.MGR'AdminMasters\Council Policies\Tmvn Council Agenda Format and Rules.doc Page 4 of4
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
Format Rules, which, among other things, sets forth the order of items for Council meeting agendas; and WHEREAS, that the Town Council Agenda Format and Rules were last amended by the
Town Council on January 20, 2009; and WHEREAS, the Town Council Agenda Format and Rules sets a standard agenda order with consideration of Closed Session RepOli after the Pledge ofAllegiance;
and WHEREAS, Town Council desires to change the order of consideration of Closed Session Report to after Presentations and before Council and Manager Matters in order to allow the ceremonial
items to occur without interruption and would place the Closed Session RepOli before the business portion of the meeting. RESOLVED, by the Town Council of the Town of Los Gatos, County
of Santa Clara, State of California, that the Town of Los Gatos: 1. 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 2009-002 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 16th day ofMarch, 2009 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\MGR\i\DMrNWORKF1LE9.2009 COUNCIL REPORTaJ-16-09 RESOLUTION AMENDING TOWN CO\INCIL AGENDA FORMAT & RULES.DOC
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; 2009-002 Revised Date: 12/15/86; 3/2/87; 6/6/88; 6/15/92; 12/6/93; 4/4/94; 8/5/96; 7/2101; 4/5/04; 1120/09; 3/16/09 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: Interviews Meeting Called to Order Roll Call Pledge ofAllegiance Appointments Presentations Closed Session Report Council
Matters Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Adjournment (No later than midnight without vote) EXIDBITA
B. Closed Session Repolt 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. Inaddition,
the Closed Session agenda shall clearly identifY the subject of each agenda item consistent with the requirements ofthe 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 shall be provided no more than five (5) minutes to rebut 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 1irnited 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 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 on on the Presentations portion ofthe 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\Councii Policies\Town Council Agenda FOlmat and Rules.doc Page20f4
F. Council Matters Members of Council may report on the activities ofthe 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 meetil;tgs will be
adjourned at midnight unless a majority ofthe 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 mauner 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 ofwhether 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 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 fmding 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 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 Fonnat and Rules.doc Page 3 of4
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 ofthe 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 ofthe 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\Councii Policies\Town Council Agenda FOimat and Rules.doc Page40f4