Westminster City Council
SUBJECT
Title
Request to Implement Policy for Placement of Urgency Items by City Council Members.
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publichearing
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From: Christine Cordon, City Manager
Requested by: Mayor Chi Charlie Nguyen
Prepared by*: Christine Cordon, City Manager; Christian L. Bettenhausen, City Attorney
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member(s).
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RECOMMENDED ACTION
Recommendation
Consider the request to require a consensus of three to place items by City Council Members as urgency or “walk-on” items and provide direction regarding implementation of the policy.
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BACKGROUND
This item is being requested by Mayor Chi Charlie Nguyen with no second required.
The Brown Act generally prohibits any action or discussion of items not on the agenda. However, an urgency item may be “walked onto the agenda” under the following situations:
• When a majority decides there is an “emergency situation” (as defined for emergency).
• When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action, and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline.
• When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.
Mayor Nguyen has expressed concern regarding the increase in placement of urgency items by members of the City Council and the impacts to productivity and the overall meeting agenda by placing items last-minute. Items have been presented as urgency items but have failed to be placed on the agenda by a 2/3rd (4 out of 5) vote of the Council because the urgency could not be validated.
In order to ensure that items are being placed properly as urgency items by members of the City Council and that there is sufficient interest in the item, Mayor Nguyen is proposing that a consensus of three members be required before an item will be considered as a walk-on or urgency item. The Brown Act allows for staff to coordinate this so long as there is absolutely no discussion of the agenda item itself. The first council member may talk with a second council member. Staff would then be utilized to determine if a third councilmember is willing to let the item to be presented for a walk on vote. The sole discussion is whether to put the item on the agenda for consideration or not, with no discussion of the merits.
To be consistent with the placement of agenda items generally, the mayor may propose urgency items by himself. He will not need concurrence by two other members.
FISCAL IMPACT
There is no fiscal impact.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
If the City Council approves a policy, it will be incorporated as a Council policy. Staff’s ability to place urgency items on the agenda will not be affected and remains governed by the Brown Act.
ATTACHMENTS
None.
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager