HomeMy WebLinkAbout05 ADOPT RESO 21-105 AMENDING COUNCIL POLICY RE ADDING ITEMS TO THE AGENDA DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
• Agenda Item 5
AGENDA REPORT Reviewed: os
' City Manager ?'n5W
Finance Director N/A
MEETING DATE: DECEMBER 7, 2021
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: MATTHEW S. WEST, CITY MANAGER
SUBJECT: ADOPT RESOLUTION NO. 21-105 AMENDING COUNCIL POLICY
REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY
COUNCIL AGENDAS
SUMMARY:
As unanimously directed by the City Council at their November 16, 2021 meeting,
Resolution No. 21-105 amends Council policy regarding Councilmember requests to add
items to City Council agendas. The process includes two main steps. The first step being
a written request co-signed by another Councilmember be submitted to the City Manager
to agendize the item under the heading "Matters which Council Members have asked to
be placed on a Future Agenda". The second step requires an affirmative vote of three
Councilmembers in order to agendize the item for full discussion and consideration at a
subsequent City Council meeting.
RECOMMENDATION:
That the City Council adopt Resolution No. 21-105, a Resolution of The City Council of
The City of Tustin, California, amending Council policy regarding Councilmember
requests to add items to City Council agendas.
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
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
Resolution to Adopt Councilmember Requests to Add Agenda Items to Council
Agendas
December 7, 2021
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.
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.)
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.
DISCUSSION
The process stated in Resolution No. 21-105 requires the following:
• The two Council members shall jointly submit a written request to the City Manager
at least seven (7) days prior to a regularly scheduled City Council meeting. The
request shall include a brief summary narrative of the item's intent for purposes of
describing the item on the meeting agenda and for determining its scope and
preliminary order of magnitude on staff and city resources.
• The item will be placed on the next eligible regular meeting agenda under the
heading "Matters which Council Members Have Asked to be Placed on a Future
Agenda", and the Council members' original request and item summary will be
included as supporting materials.
• During the Council meeting, the requesting Council members may further clarify
the basis for the request and solicit Council support to agendize the matter for
consideration at a subsequent City Council meeting. However, no action or
direction on the matter (other than directing the matter be placed on a subsequent
agenda) may be taken by the Council during this initial Council discussion of the
item.
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:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
Resolution to Adopt Councilmember Requests to Add Agenda Items to Council
Agendas
December 7, 2021
• 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 evaluate the tentative dates for the requested item to be
agendized for discussion and consideration by the City Council.
• If three (3) members of the Council do not approve a motion to agendize the item
for a future meeting, no further action will be taken and the item may not be
requested by either of the two requesting members of the Council again any earlier
than 6-months after the Council last considered the request. However, this
subsection e. shall not restrict the authority of the Mayor or the City Manager to
approve inclusion of the item on a subsequent City Council agenda if, in their
judgment, changed circumstances warrant subsequent consideration of the item
by the Council.
No changes are proposed related to agenda setting by the City Manager, City Attorney
and/or the Mayor.
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
RESOLUTION NO. 21-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING COUNCIL POLICY REGARDING
COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL
AGENDAS
WHEREAS, on February 19, 1980, the City Council adopted an Agenda Policy
regarding establishing of agendas that provided that "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."
WHEREAS, the City Council desires to update and amend the policy to establish
a process by which items may be placed on the City Council agenda with the approval of
the City Manager, the Mayor, or, subject to compliance with the procedures described
below, by any two (2) members of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN
RESOLVES:
1. The following policy shall be referred to as the "City Council Agenda Item
Policy":
A. All open session items to be placed on the City Council Agenda must
first be approved by either the City Manager, the Mayor, or shall be
included by concurrent request of any two members of the City Council.
Closed session items must be approved by City Manager, the Mayor, or
the City Attorney.
B. Each request made by two Council members to place an item on a City
Council agenda shall comply with the following procedures:
a. The two Council members shall jointly submit a written request to
the City Manager at least seven (7) days prior to a regularly
scheduled City Council meeting. The request shall include a brief
summary narrative of the item's intent for purposes of describing
the item on the meeting agenda and for determining its scope and
preliminary order of magnitude on staff and city resources.
b. The item will be placed on the next eligible regular meeting
agenda under the heading "Matters which Council Members
Have Asked to be Placed on a Future Agenda", and the Council
members' original request and item summary will be included as
supporting materials.
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
Resolution No. 21-105
c. During the Council meeting, the requesting Council members
may further clarify the basis for the request and solicit Council
support to agendize the matter for consideration at a subsequent
City Council meeting. However, no action or direction on the
matter(other than directing the matter be placed on a subsequent
agenda) may be taken by the Council during this initial Council
discussion of the item.
d. 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 evaluate
the tentative dates for the requested item to be agendized for
discussion and consideration by the City Council.
e. If three (3) members of the Council do not approve a motion to
agendize the item for a future meeting, no further action will be
taken and the item may not be requested by either of the two
requesting members of the Council again any earlier than 6-
months after the Council last considered the request. However,
this subsection e. shall not restrict the authority of the Mayor or
the City Manager to approve inclusion of the item on a
subsequent City Council agenda if, in their judgment, changed
circumstances warrant subsequent consideration of the item by
the Council.
f. The City Council Agenda Item Policy is a parliamentary rule
established by the City Council to govern its own proceedings.
Violation of this City Council Agenda Item Policy shall not
invalidate any action otherwise lawfully taken by the City Council.
2. This Resolution shall take effect immediately and supercedes all prior
Council direction and policies to the extent such direction or policies
regulated Council member requests to add items to City Council agendas.
PASSED, APPROVED AND ADOPTED this 7t" day of December, 2021.
LETITIA CLARK, MAYOR
ATTEST:
ERICA YASUDA, CITY CLERK