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HomeMy WebLinkAbout18 AMENDMENT TO POLICY RE COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDASDocuSign Envelope ID: 8A7A7E3C-15A3-4512-8A86-4D7E96C8E81 D AGENDA REPORrF Agenda Item 18 Reviewed: DS City Manager Finance Director N/A I. MEETING DATE: NOVEMBER 16, 2021 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: MATTHEW S. WEST, CITY MANAGER SUBJECT: AMENDMENT TO POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS SUMMARY: Consider revising the City Council's policy regarding procedures for Council members to request to add items to City Council agendas. RECOMMENDATION: Approve one of the proposed policy options regarding Councilmember placement of items on Council agendas and direct staff to prepare a resolution formalizing the policy for City Council consideration at its next regular meeting: • Option 1: One Council Member to Start Process — Three to Advance Item • Option 2: Two Council Members to Start Process — Three to Advance Item FISCAL IMPACT: There is no fiscal impact associated with this item. BACKGROUND: All City Council meetings are required by law to conform with the requirements of the State's Ralph M. Brown Act (the "Brown Act"). In accordance with the Brown Act, all items to be discussed or acted upon by the Council must be included on the meeting agenda posted in public in advance of the meeting and no action or discussion may be undertaken on any item not appearing on the posted agenda, subject to narrow exceptions.' ' Exceptions are allowed in the event of emergencies or other items that come to the attention of the City after the agenda is posted and that require immediate action. Other exceptions allow a member of the Council or City staff, on their own initiative or in response to questions posed by the public, to ask a question for clarification, or to make a brief announcement, or to make a brief report on his or her own activities. DocuSign Envelope ID: 8A7A7E3C-15A3-4512-8A86-4D7E96C8E81 D Councilmember Requests to Add Agenda Items to Council Agendas November 16, 2021 The City Council adopted its current policy regarding placement of items on the agenda over 40 years ago. That policy provides, simply: "All items to be placed on the City Council Agenda must first be approved by either the City Administrator, the Mayor, or a majority of the City Council." (Emphasis added.) DISCUSSION Recently Council members have requested that the Council revisit the manner in which individual Council members may add items to the Council's meeting agendas. Further, given the evolution of the prohibitions in the Brown Act over the past few decades, it is no longer appropriate for a majority of the City Council to discuss requests to agendize matters outside of noticed Council meetings. For this reason, it is recommended that the Council update this policy. Option I. One Council Member to Start Process — Three to Advance Item • Any member of the Council could place an item on a Council agenda. • To do so, he or she would submit a written request to the City Manager seven (7) days prior to a regularly scheduled City Council meeting. The request must also include a brief summary narrative of the item's intent for purposes of determining its scope and preliminary order of magnitude on staff and city resources; • The item will then appear on the next eligible agenda under the heading "Matters which Council Members have asked to be placed on a Future Agenda". Along with the Council members' original request and item summary; • During the Council meeting, the requesting Council member may further clarify the basis for the request and solicit Council support to agendize the matter for consideration at a future City Council meeting. However, no other direction or action on the matter may be taken by the Council at that time; • If any three (3) members of the Council approve a motion to agendize the item for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluation of tentative dates for the requested item to be agendized for discussion and consideration by the City Council; • If not, no further action will be taken and the item may not be requested again any sooner than a period of 6 -months. DocuSign Envelope ID: 8A7A7E3C-15A3-4512-8A86-4D7E96C8E81 D Councilmember Requests to Add Agenda Items to Council Agendas November 16, 2021 Option 2. Two Council Members to Start Process — Three to Advance Item • Any two members of the Council could place an item on a Council agenda. To do so, the two members would jointly submit a written request to the City Manager seven (7) days prior to a regularly scheduled City Council meeting. The request must also include a brief summary narrative of the item's intent for purposes of determining its scope and preliminary order of magnitude on staff and city resources. • The item will then appear on the next eligible agenda under the heading "Matters which Council Members have asked to be placed on a Future Agenda". Along with the Council members' original request and item summary; • During the Council meeting, the requesting Council member may further clarify the basis for the request and solicit Council support to agendize the matter for consideration at a future City Council meeting. However, no action or direction on the matter may be conducted by the Council at that time; • If any three (3) members of the Council approve a motion to agendize the item for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluation of tentative dates for the requested item to be agendized for discussion and consideration by the City Council; • If not, no further action will be taken and the item may not be requested again any sooner than a period of 6 -months. No changes are proposed related to agenda setting by the City Manager, City Attorney and/or the Mayor.