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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 PAGE 2 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. PAGE 3 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 THIS PAGE INTENTIONALLY LEFT FLANK 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. C: \Users \pjacobs \Deslctop \Town Council Agenda Format and Rules.doc Page 2of5 F N 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 C: \Users \pjacobs\Desktop \Town Council Agenda Format and Rules.doc 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. Page 3 of 5 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 C: \Users \pjacobs \Desktop \Town Council Agenda Format and Rules,doc Page 4 of 5 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: C: \Users \pjacobs\Desktop \Town Council Agenda Format and Rules.doc Page 5 of 5 THIS PAGE INTENTIONALLY LEFT BLAND