14�pW N 0
s COUNCIL. AGENDA REPORT
OS GA'�0
DATE: JULY 30, 2013
TO:' MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 08/05/13
ITEM NO: I Ll
SUBJECT: AMENDMENT TO TOWN COUNCIL AGENDA FORMAT AND RULE POLICY TO
ESTABLISH TIlvIELINES FOR SUBMISSION OF INFORMATION' FOR AND
DISTRIBUTION OF AGENDA PACKETS, ADDENDUMS AND DESK ITEMS FOR
COUNCIL MEETINGS
RECOMMENDATION:
Adopt amendment to Town Council Agenda Format and Rules Policy to establish timelines for
submission of information for and distribution of Agenda Packets; Addendums and Desk Items for
Council meetings.
BACKGROUND:
At the January 22 Council meeting, a Council member requested consideration of set timelines for Desk
Items to provide Council sufficient time to review the Desk Item material prior to a Council meeting.
The Council agreed that the Council Policy Committee should discuss this matter and bring forward a
policy for Council consideration..
At the June I I Council Policy Committee meeting, the Committee discussed this matter and directed
staff to prepare a staff report and a draft policy for the Town Council with the timelines identified
below, and to prepare a communication plan for informing the public about the deadlines as approved by
the Town Council.
DISCUSSION:
Timelines for Submission of Council and Public Comments
The Town Council agenda packet is distributed at the end of the day on Thursdays prior to regular
Monday (or Tuesday) Council meetings. Addendums to staff reports are distributed at the end of the
PREPARED BY: PAMELA JACOBS IC PFD t"�
ASSISTANT TOWN MANAGER
Reviewed by: ____Assistant Town Manager Town Attorney Finance
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MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT TO TOWN COUNCIL AGENDA FORMAT AND RULES POLICY
TO ESTABLISH TIMELINES FOR SUBMISSION OF INFORMATION FOR AND
DIS`T'RIBUTION OF ADDENDUMS AND DESK ITEMS FOR COUNCIL MEETINGS
JULY 30, 2013
day on Fridays prior to Council meetings, and Desk Items with additional material are provided to
Council on the day of Council meetings.
In general, items in the agenda packet, addendums and desk items consist of staff reports, relevant
attachments and public comments. The Town Council considers all of this material, as well as staff and
applicant presentations, public comments and Council discussions during the Council meeting in making
its decisions on items on the agenda.
To ensure that Council has sufficient time to review material; that the public has sufficient and
consistent opportunities to provide comments; that staff has sufficient time to respond to Council
questions and package public comments; and that both the Council and the public know when material
should be submitted and will be distributed,. the Policy Committee is recommending adding timelines to
the Town Council Agenda Format and Rules Policy.
The Committee discussed the timelines presented below and in the attached draft policy amendment
(Section I) that are recommended for Desk Items. When preparing the amendment, staff identified the
need to provide consistent information regarding public comment submission for the regular Council
agenda packet and for Addendums, as well. These additions are recommended by staff.
The recommended timelines are:
• Public comments to be included in the regular Council packet must be submitted by 11:00 a.m.
on Thursdays
• Public comments to be included in Addendums must be submitted by 11:00 a.m. on Fridays (i.e.,
between 11:00 a.m. Thursday. and 11 :00 a.m. Friday).
• Public comments to be included in Desk Items must be submitted by 11:00 a.m. on the day of the
Council meeting.
• Council questions or comments to be addressed by staff in Desk Items must be submitted by 7:00
a.m. on the day of the Council meeting.
The Town Council Agenda Format and Rules policy applies only to the Town Council; however,
Community Development Department staff may explore setting consistent deadlines for Planning
Commission material.
Communication Plait
If the Town Council adopts this policy setting deadlines for submission of public comments, staff will
implement a communication plan to inform the public about the deadlines. The plan will include the
following:
Information on the Town's home page, What's New, and Frequently Asked Questions section.
Press release to local media regarding the new requirements.
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MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT TO TOWN COUNCIL AGENDA FORMAT AND RULES POLICY
TO ESTABLISH TIMELINES FOR SUBMISSION OF INFORMATION FOR AND
DISTRIBUTION OF ADDENDUMS AND DESK ITEMS FOR COUNCIL MEETINGS
JULY 30, 2013
Placard on the Town Hall public counter and Chamber lobby table, and informational
flyer /brochure in the niche behind Chamber benches.
® Potentially, notation on Council agendas.
The new deadlines would be implemented for the September 3 Council meeting.
CONCLUSION:
The Council Policy Committee recommends that Council amend the Town Council Agenda Format and
Rules to include timelines for submission of Council and public comments related to Desk Items on
Council agenda items (additional language underlined in Section I of the attached policy). Staff
recommends expanding the timelines to include the regular agenda packet and Addendums.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no direct fiscal impact associated with this action.
Attachments:
Town Council Agenda Format and Rules with Proposed Amendments to Section I, Agenda Schedule
and Preparation of Schedule
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Subject: Town Council Agenda
Format and Rules
Approved:
PURPOSE
COUNCIL POLICY
TOWN OF LOS GATOS
Enabling Actions:
1986 -183; 1987 -24; 1988-
124; 1993 -181; 1994 -57;
1996 -108; 2001 -77; 2004 -33;
2009 -002
Effective: Revised Date:
12/15/86 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;
1/20/09; 3/16/09; 12/06/10
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:
Interviews
Meeting Called to Order
Roll Call
Pledge of Allegiance
Appointments
Presentations
Closed Session Report
Council Matters
Manager Matters
Consent Calendar
Verbal Communications
Public Hearings
Other Business
Adjournment (No later than midnight without vote)
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 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
(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 of the agenda by
appellants and applicants, including any expert or..cpns .ultant 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 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.
C. 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 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.
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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.
Adi ournment
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 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 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 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
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
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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.
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Thursday, prior to meeting
Friday prior to meeting
Day of Council meeting
Conduct of flown Council Meetings
The Council shall adopt:
1. Robert's Rules of Order or
Written agenda is finalized and printed.
Agenda packets distributed to Town Council
members. Public comments on agenda items
received by 11:00 a.m. will be included in the
agenda packet.
Additional information from staff available
after the Thursday distribution of the Agenda
packet and public comments received prior to
11.00 a.m. FridU will be distributed to Town
Council members as an Addendum to a staff
report.
Council comments and questions received by
7.00 a.m. and public comments received by
11.00 a.m. on the morning of a Council
meeting will be included in a Desk Item for
distribution to Town Council members by 100
p.m. on the afternoon of a Council meeting.
Council comments and questions received after
7:00 a.m. may be addressed during the he Council
meeting. Public comment received after 11:00
a.m. will not be distributed to the Council in
the Desk Item prior to the Council meeting;
however, public comment may be submitted by
individuals during the Council meeting.
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. Proposed Reconsideration of Prior Council Actions
Reconsideration of prior Council actions is discouraged and may only occur in special
circumstances subject to the procedural restrictions outlined herein. Reconsideration
does not include, and this policy does not prohibit, the repeal of a resolution or ordinance
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in response to a lawsuit or a referendum challenging the adoption.
Step 1— Motion to Place Reconsideration of a Prior Action on a Future Council Agenda
a) This motion must be made by a Council Member who previously voted on the prevailing
side of the prior action;'
b) The maker of this motion shall specifically articulate the new information, analysis
and /or circumstances that warrant(s) reconsideration of the prior action;
c) This motion must be adopted by a majority of the full Council; and
d) This motion may only be made and considered at the next regularly scheduled meeting
of the Council after the item was originally acted upon.
Step 2 — Full Reconsideration of the Prior Action, if motion in Step 1 is approved as
specified
a) The full reconsideration of the prior action will be placed on the next available Council
agenda following the usual agenda - setting and public notification process.
b) The agenda, public notification and staff report for the full reconsideration of the prior
action shall clearly note that the item has been previously acted upon by the Council and
then subsequently approved for full reconsideration by the Council.
c) Action on the reconsideration of the prior action shall adhere to regular Council policies
and practices as if the item was being heard for the first time.
d) The full reconsideration of the prior action (whether sustained, reversed or otherwise
modified) will be the final action on that item, and no further reconsiderations will be
considered.
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:
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