Westminster City Council
SUBJECT
Title
Review of Process for Placement of Agenda Items.
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From: Christine Cordon, City Manager
Requested by: Mayor Chi Charlie Nguyen
Prepared by*: Ashton R. Arocho, City Clerk
*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
A. Consider the request and provide direction regarding increasing the number of council members it takes to place an item on the agenda; and
B. Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RESCINDING RESOLUTION NO. 5273 TO REESTABLISH THE ORDER OF BUSINESS TO BE FOLLOWED IN REGULAR MEETINGS OF THE CITY COUNCIL.”
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BACKGROUND
Mayor Nguyen requested an item to be placed on the agenda to discuss the process for council members to place items on the agenda.
Currently, two members of the City Council must request an item to be placed on the agenda to ensure that there is interest by more than one council member to discuss an item. This process does not include the mayor, who can place an item on the agenda without a second council member.
Mayor Nguyen is requesting that the Council consider an amendment to the process to reflect the following:
• Any member of the council, except the mayor, wishing to place an item on the agenda must verbally announce his/her request during “Comments and Requests for Agenda Items from City Council/Agency Members (Including AB 1234 Report when required).” Requests for placing items on the agenda by council members, except the mayor, are no longer to be made to staff.
• At the meeting, the requester must state the topic and a very brief reason why this is being requested for placement on the agenda. No discussion will be made among the council regarding the requested item to ensure the Brown Act is not violated.
• A motion will be made to request the placement of the item to which the council will vote on whether to approve or deny the request.
• If the council majority approves the request, staff will work with the requesting council member to determine the next available date the item can reasonably be on the agenda.
• A vote to place an item on the agenda is not a statement of support or opposition by a member of the council.
• Staff will prepare the report in collaboration with the requesting council member, and provide a final draft for the council member to approve prior to posting of the agenda. If the requesting council member does not respond to staff within 24 hours after an email has been sent, staff will defer the item to the following agenda.
• If the item is not approved for placement on the agenda, then there is no majority interest at the time, and it does not get placed on the agenda. The requesting council member cannot request the item again for a maximum of six months unless there is an urgency as determined by new information, legislation, litigation, or policy.
• If an item is approved for placement on the agenda, and it is subsequently presented at a public meeting and fails, there is a six-month cooling period where the item cannot be requested again by the same council members, unless there is an urgency as determined by the City Manager or as a result of new information, legislation, litigation, or policy.
• The mayor in his sole capacity as the mayor may place an item on the agenda through the City Manager or public forum without a majority approval of the council.
Pursuant to Section 2.04.030 of the Westminster Municipal Code, the City Council shall establish the order of business to be followed in the conduct of its regular meetings by resolution. The proposed resolution is to incorporate the modification of Section 9 - Comments from City Council/Agency Members (Including AB 1234 Report when required) to the amended Section 9 - Comments and Requests for Agenda Items from City Council/Agency Members (Including AB 1234 Report when required).
FISCAL IMPACT
There is no fiscal impact related to this item.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
If the City Council chooses to revise the process and adopt the proposed resolution, the process shall be adopted by minute order and later incorporated with the Council policy manual.
ATTACHMENTS
1. Resolution No. 5273
2. Proposed Resolution
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager