Loading...
Staff Report PREPARED BY: ROBERT SCHULTZ Town Attorney Reviewed by: Town Manager, Assistant Town Manager, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 06/20/2017 ITEM NO: 8 DATE: JUNE 13, 2017 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT THE POLICY COMMITTEE’S RECOMMENDATIONS TO AMEND COUNCIL POLICY 2-01 ENTITLED TOWN COUNCIL AGENDA FORMAT AND RULES TO MODIFY TIMELINES FOR APPLICANT AND/OR APPELLANT SUBMITTALS ASSOCIATED WITH TOWN COUNCIL AND PLANNING COMMISSION AGENDA ITEMS, AND FOR APPLICATIONS AND APPEALS HEARD BY OTHER TOWN BOARDS, COMMISSIONS, OR COMMITTEES RECOMMENDATION: Adopt the Policy Committee’s recommendations to amend Council Policy 2-01 entitled Town Council Agenda Format and Rules to modify timelines for applicant and/or appellant submitta ls associated with Town Council and Planning Commission agenda items, and for applications and appeals heard by other Town Boards, Commissions, or Committees. BACKGROUND: At its March 16, April 20, and May 25 meetings, the Council Policy Committee received public comments and discussed potential timelines for applicants and/or appellants to submit items for Town Council agenda items and directed staff to modify the Policy and forward to the Town Council for discussion. The proposed changes are sh own on Attachment 1. The Town Council’s current Agenda Format and Rules Policy provides that public comments are due before 11:00 a.m. the day the staff report to the Town Council is published. Subsequent timelines are provided in the Policy for additional written public comments. Applicant and appellant information has been typically handled according to these same timelines; however, PAGE 2 OF 3 SUBJECT: ADOPT THE POLICY COMMITTEE’S RECOMMENDATIONS TO AMEND COUNCIL POLICY 2-01 ENTITLED TOWN COUNCIL AGENDA FORMAT AND RULES TO MODIFY TIMELINES FOR APPLICANT AND/OR APPELLANT SUBMITTALS ASSOCIATED WITH TOWN COUNCIL AND PLANNING COMMISSION AGENDA ITEMS DATE: JUNE 13, 2017 S:\COUNCIL REPORTS\2017\06-20-17\TC Policies\Staff Report - Timelines FINAL.docx 6/15/2017 11:56 AM BACKGROUND (cont’d): due to the substantive nature of the information, the Town staff is challenged to provide meaningful analysis of submittals received shortly before staff reports are published. The following are a few examples of how other jurisdictions have handled this issue:  Documents and materials received from the Applicant or Appellant after the deadline wil l be accepted up to the time of the hearing; however, the Town staff may not have the time to analyze the documents and material, and Town Council may not have the time to consider materials submitted after the deadline.  To be considered as evidence, the Appellant and Applicant shall file any documents and materials with the Town Clerk not later than the __ days prior to when the item is scheduled to be considered. Any documents or materials submitted after the deadline specified shall be rejected unless the Applicant or Appellant provides documentation to establish an extenuating circumstance that prevented timely submission of the material.  To allow Town Council and staff the opportunity to review material in advance of a hearing, all materials submitted by the Applicant or Appellant must be received by the Town Clerk __ days prior to the scheduled public hearing. Submittals by the Appellant or Applicant submitted to the Town Clerk after __ days in advance of a hearing will be entered into the record and not delivered to the Town Council. These submittals will be stamped "File Copy. Non-Complying Submittal” and placed into the official case file. The Town Council will be under no obligation to consider the evidence contained in any non-complying submittal. These submittal rules and deadlines shall be strictly enforced and no exceptions shall be made without a vote of the Town Council.  To ensure that the Town Staff and Town Council have ample opportunity to review written materials, Appellant or Applicant who wish to submit written materials on agenda items should submit them to the Town Clerk at least __ days prior to the meeting at which the item is to be heard. Materials received after the deadline will be placed in the official case file and not distributed to Town Council. Submittals that do not comply with these rules will be stamped “File Copy. Non-Complying Submittal.” Non-complying submittals will be placed into the official case file, they will not be delivered to or considered by the Council, and they will not be included in the official administrative record for the item at issue. PAGE 3 OF 3 SUBJECT: ADOPT THE POLICY COMMITTEE’S RECOMMENDATIONS TO AMEND COUNCIL POLICY 2-01 ENTITLED TOWN COUNCIL AGENDA FORMAT AND RULES TO MODIFY TIMELINES FOR APPLICANT AND/OR APPELLANT SUBMITTALS ASSOCIATED WITH TOWN COUNCIL AND PLANNING COMMISSION AGENDA ITEMS DATE: JUNE 13, 2017 S:\COUNCIL REPORTS\2017\06-20-17\TC Policies\Staff Report - Timelines FINAL.docx 6/15/2017 11:56 AM DISCUSSION: After public comment and discussion, the Committee directed staff to also apply the language to the other deciding bodies of the Town. ALTERNATIVES: Alternatives to the recommendations provided include: 1. Adopt the proposed Policy with revisions identified by the Council. 2. Provide other direction to staff. 3. Leave the Policy as is. COORDINATION: This report was coordinated with the Town Attorney, Town Clerk, and Community Development Director. FISCAL IMPACT: There is no fiscal impact associated with this item. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Red-lined Town Council Policy 2-01 Agenda Format and Rules