Council Matters AddendumA
COUNCIL AGENDA REPORT
DATE: AUGUST 29, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER,,,
MEETING DATE: 09/02/14
COUNCIL MATTERS
ADDENDUM
SUBJECT: SCHEDULING THE CONSIDERATION OF A POTENTIAL TOWN CODE
MODIFICATION REGARDING THE ELECTION OF THE MAYOR AND VICE
MAYOR (COUNCIL MEMBER DIANE MCNUTT)
REMARKS:
Per Council request, please find attached the original Council agenda item scheduling request from
Council Members Diane McNutt and Joe Pirzynski, as well as the Council Agenda Format and Rules
Policy which states in part:
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.
Attachments:
1. Email received on 8/12/14 from Council Members Diane McNutt and Joe Pirzynski
2. Town Council Agenda Format and Rules
Reviewed by: " Assistant Town Manager�'.6-ej, Town Attorney hIA- Finance
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TO: Town Manager Greg Larson
Town Attorney Rob Schultz
FROM: Councilmember Joe Pirzynski
Councilmember Diane McNutt
DATE: August 11, 2014
RE: Item to be agendized in September
Per Council policy that allows two members of Council to place items on the agenda,
we respectfully request the following item be scheduled for a Town Council meeting
in September: Consider revising Town Code 2.20.035 to change the meeting of the
election of Mayor and Vice Mayor to the first or second meeting in December after
newly- elected Council members have taken their seats.
The Council may also want to discuss the benefits of changing the term of office for
Mayor and Vice Mayor to a calendar year basis - January 1 to December 31- to align
with the terms of Commission and Board members, and the timing used by other
cities and towns in the County.
Earlier this year, the Council approved a new policy for the selection of candidates
for Town Commissions and Board specifying an interview date in December so that
the "new' Council could determine who would serve in the coming year. We
strongly believe the same principle should apply to the Town Council and that those
who will serve together should select their leadership team.
The current policy was set in 1968 for indeterminate reasons. We believe it is time
to update this policy to make it more fair and equitable. Thank you.
ATTACHMENT i
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COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Town Council Agenda
Format and Rules
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;
Jgcl 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;
08/05/13
PURPOSE
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)
ATTACHMENT 2
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 infonnation
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 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 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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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. Adiournment
H.
I.
Council meetings will be adjourned at midnight unless a majority of the Council Members
present vote to extend the adjournment time.
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.
Agenda Schedule and Preparation of Schedule
Thursday, 11 days prior to meeting
Thursday, 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.
Written agenda is finalized and printed.
Agenda packets distributed to Town Council
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members. Public comments on agenda items
received by 11:00 a.m. will be included in the
agenda packet.
Friday, prior to meeting Additional information from staff available
after the Thursday distribution of the Agenda
packet and public comments received prior to
11:00 a.m. Friday will be distributed to Town
Council members as an Addendum to a staff
report.
Day of Council meeting 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 1:00
p.m. on the afternoon of a Council meeting.
Council comments and questions received after
7:00 a.m. may be addressed during the 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.
J. Conduct of Town Council Meetings
The Council shall adopt:
1. Robert's Rules of 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. 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
in response to a lawsuit or a referendum challenging the adoption.
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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: Z o
Judi t ropp, Town Atforney
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