How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL: STUDY SESSION AGENDA JUNE 20, 2023
110 EAST MAIN STREET AND VIA TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
5:30 PM
Maria Ristow, Mayor
Mary Badame, Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL: STUDY SESSION AGENDA JUNE 20, 2023
TOWN COUNCIL CHAMBERS AND VIA TELECONFERENCE
TOWN COUNCIL CHAMBERS
5:30 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/88676867376?pwd=RmFlSUIzWG1qVzBQRUNOTG1PRzFUQT09 Passcode: 360116 You can also type in 886 7686 7376 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day
of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council member to participate remotely under AB 2449 (Government Code 54953)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council without first being recognized; · Interrupting speakers, Council Members, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council only on matters listed on the agenda. Unless additional time is authorized by the Mayor, speaking time is limited to no more than three (3) minutes per speaker.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
1. Discuss and Provide Direction to Potentially Modify Town Policies and Procedures, Including Town Council Policy 2-04, “Town Council Code of Conduct,” Town Council Policy 2-05, “Planning Commission Policies and Procedures,” Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum,” and the Commissioner Handbook.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL STUDY SESSION REPORT
MEETING DATE: 6/20/2023
ITEM NO: 1
DATE: June 13, 2023
TO: Mayor and Town Councilmembers
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Discuss and Provide Direction to Potentially Modify Town Policies and Procedures, Including Town Council Policy 2-04, “Town Council Code of Conduct,” Town Council Policy 2-05, “Planning Commission Policies and Procedures,” Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum,” and the Commissioner Handbook
RECOMMENDATION:
Discuss and provide direction to potentially modify Town Policies and Procedures, including Town Council Policy 2-04, “Town Council Code of Conduct,” Town Council Policy 2-05, “Planning Commission Policies and Procedures,” Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum,” and the Commissioner Handbook.
BACKGROUND:
The purpose of this study session is for the Town Council to discuss potential updates to the various Town documents that address Councilmember and Board and Commission member conduct. Currently the Town has a number of Town Council Policies relating to this topic:
Town Council Policy 2-04: Town Council Code of Conduct includes a disciplinary process and states its “expectations of conduct” apply to Board and Commission members as well (Attachment 1).
Town Council Policy 2-05: Planning Commission Policies and Procedures addresses legal and ethical standards, but not discipline (Attachment 2). The Commissioner Handbook provides:
PAGE 2 OF 4
SUBJECT: Direction on Potential Changes to Town Council Code of Conduct Policy and Related Policies
DATE: June 13, 2023
BACKGROUND (continued):
“If a member of a Town Board, Commission, or Committee does not follow the Commissioners Handbook, the Mayor or his/her designee will counsel that member regarding the rules and their importance to the Council and the Town (see Resolution 1999-167 and the Town Council Code of Conduct Policy).” In addition, Town Council Policy 2-11: Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum provides that a Commissioner may be removed by a 3/5 vote of the Town Council for, among other things, failure to comply with all Town Policies, Guidelines, and Handbooks (Attachment 3, page 7). 1 At its February 17th meeting, the Policy Committee discussed potential modifications to the documents referenced above. A copy of the staff report with its attachments is included as Attachment 4. The Policy Committee recommended:
1) Clarifying that the Code of Conduct applies to members of Town Boards, Commissions, and Committees in addition to Town Councilmembers;
2) Providing specific examples of what constitutes a major as opposed to a minor violation of the Code of Conduct.
3) Setting forth a process for subject of a complaint to present facts to the Town Council. 4) In the event that a public hearing is held regarding recommended discipline, providing the subject of the complaint with ten minutes to make an introductory statement and five minutes at the end of the public hearing to make an additional statement. 5) Providing that censure be done by adoption of a written statement. 6) Providing clarification regarding the rules that apply when one is speaking on behalf of a Board or Commission versus providing one’s individual opinion.
The Policy Committee considered this topic again on March 28, 2023. Attachment 5 contains a copy of the staff report and its attachments . At the March 28th meeting, the Policy Committee recommended that this topic come to the full Town Council for discussion.
1 In addition, Town Code Section 2.40.030 provides that the Town Council may remove any member of a Town board or commission from office prior to the expiration of the member’s term by the affirmative vote of not less than 3/5 of all the members of the Town Council.
PAGE 3 OF 4
SUBJECT: Direction on Potential Changes to Town Council Code of Conduct Policy and Related Policies
DATE: June 13, 2023
DISCUSSION:
The Town Clerk requested Codes of Conduct from all Santa Clara County jurisdictions. 2 Staff
has noted the following general themes:
The Code of Conduct can encompass both the Council and the Boards and Commissions or there can be separate Codes of Conduct for Councilmembers as opposed to Board and Commission members.
Some Codes of Conduct do not provide for Commissioner discipline. Instead, the Codes of Conduct provide that Commissioners can be removed by a 4/5 vote of the Council. Many Codes of Conduct do not establish a formal process for reviewing complaints.
Staff seeks direction from the Town Council on the following general questions:
1) Does the Town Council prefer that the Code of Conduct address only conduct? Or that the “Code of Conduct” be one chapter in a broader policy addressing Councilmember roles and responsibilities?
2) Should the complaint intake and processing procedure in the “Code of Conduct” apply to Board/Commission members as well as Town Councilmembers? If yes:
a. Should there continue to be a pre-determined evaluation committee or should complaints be handled on a case by case basis?
b. If there is a pre-determined evaluation committee, should the evaluation committee be the same for both Councilmember complaints and Board/Commission member complaints?
3) Should there be an option to discipline Board/ Commission members or should the option be removal only?3
a. If the option is removal only, should it be by a 3/5 or a 4/5 Town Council vote? 4) If there is an option for Board/Commission member discipline, should the options be the same as those for Councilmember discipline?
5) The Code of Conduct Policy currently provides that investigations will be conducted by contract attorneys. Does the Town Council prefer to use contract attorneys, non-lawyer investigators, or either?
2 A summary of local codes of conduct is contained in Attachment 6. 3 Town Council Policy 2-11: Commission Appointments, Residency, and Attendance Requirements and Establishing a Quorum currently provides that Commissioners may be removed by a majority vote of the Town Council for violations of the Code of Conduct. Other jurisdictions have policies providing that Commissioners may be removed by a majority vote (or in some instances, a 4/5 vote) of the Town Council.
PAGE 4 OF 4
SUBJECT: Direction on Potential Changes to Town Council Code of Conduct Policy and Related Policies
DATE: June 13, 2023
CONCLUSION:
Based on the Town Council’s feedback, staff will make proposed edits to the Code of Conduct Policy and conforming edits to any other affected Policies and the Commissioner Handbook and return to the Town Council for its consideration of the proposed revisions.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
Potential modifications to Council Policies and the Commissioner Handbook have no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined in the California Environmental Quality Act, and no further action is required.
Attachments:
1. Town Council Policy 2-04: Town Council Code of Conduct
2. Town Council Policy 2-05: Planning Commission Policies and Procedures
3. Town Council Policy 2-11: Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum
4. Staff report for February 28, 2023, Policy Committee meeting
5. Staff report for March 28, 2023, Policy Committee meeting
6. Summary of Code of Conduct Provisions from Other County Jurisdictions
Title: Planning Commission Policies and Procedures Policy Number: 2-05 Effective Date: 1983
Enabling Actions:
PURPOSE
Pages: 11
Revised Date: 5/8/1985; 11/18/1987;
9/22/93; 11/16/1998;4/16/2001;
12/6/2010;4/21/2015;9/20/2016;
8 20
-------
2019
This Policy is to inform Planning Commission Members of their roles, responsibilities, and functions, as well as operating procedures for meetings.
SCOPE
Since 1983, the Town Council has adopted Planning Commission Policies and Procedures. The Procedures address topics including the agenda format, Commissioner conduct at Planning Commission meetings, absences, evidence outside of formal hearings, findings, voting, and other issues. Periodically, the Town Council adopts revisions to the Procedures.
POLICY AND PROCEDURES
1. ORGANIZATION, OFFICERS, DUTIES
1.1 Organization.
The Planning Commission consists of seven voting members and shall be organized as prescribed by Town Code Section 29.20. 750 and the Town Council. All Planning Commissioners shall be appointed by the Town Council. Commissioners serve at the pleasure of the Town Council and may be removed prior to the end of his or her term by a four-fifths vote of the Town Council.
1.2 Officers.
A Chairperson (hereinafter Chair) and Vice-Chairperson (hereinafter Vice Chair) shall be elected annually from among the Commission's membership at the first meeting in January, to serve at the pleasure of the Commission for a term of office of one year.
ATTACHMENT 2
Page: Policy Number:
Title: Planning Commission Policies and Procedures 2 of 12 2- 05 The Chair shall:
a) Preside at all meetings of the Commission.
b) Sign documents of the Commission.
c) Determine meeting schedule and agenda items consistence with state law noticing requirements.
During the absence, disability or disqualification of the Chair, the Vice -Chair shall perform all the duties and be subject to all the responsibilities of the Chair.
The Vice -Chair shall succeed the Chair if he or she vacates the office before his or her term is completed and shall serve the unexpired term of the vacated office. ( A new Vice -Chair shall be elected at the next regular meeting.)
In the absence of the Chair and Vice -Chair, any other Commissioner shall call the Commission to order whereupon a Chair pro tem shall be elected from the Commissioners present to preside.
1. 3 Duties.
The functions, powers and duties of the Planning Commission shall consist of all those functions, powers and duties of a Planning Commission as provided in Chapters 3 and 4 of Title 7, commencing with Section 65100 of the California Government Code ( Planning and Zoning Law) and as the same may be hereafter amended. The Planning Commission shall perform such other duties and functions as may be designated in Town Code and by the Town Council.
1. 4 Support.
The Secretary of the Planning Commission is the Community Development Director or designee.
The Chair shall set the Agenda in consultation with the Secretary.
2. LEGAL AND ETHICAL STANDARDS
Planning Commissioners must serve as a model of leadership and civility to the community and treat all members of the public, each other, and the issues before them with respect to ensure open and effective government.
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Title: Planning Commission Policies and Procedures 3 of 12 2- 05 To ensure the highest standards of respect and integrity during public meetings, Planning Commissioners shall:
1. Use formal titles. The Commissioners shall refer to one another formally during Commission meetings such as Chair, Vice Chair, Commissioner, or Mr., Mrs., or Ms., followed by the individual' s last name.
2. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. This does not allow, however, Commissioners to make abusive, slanderous, and personal comments, and/ or physical actions that could be construed as threatening. During public discussions, Commissioners shall be respectful of others and diverse opinions, practice objectivity, and allow for the debate of issues.
3. Honorthe role ofthe Chair in maintaining order and equity, and respect the Chair' s efforts to focus discussion on current agenda items. Objections to the Chair' s actions should be voiced politely and with reason.
4. Demonstrate effective problem -solving approaches. Commissioners are role models for residents, business people, and other stakeholders involved in public debate.
5. Base decisions on the -. written evidence, arguments or testimony and decisions should be made objectively and based upon the merits and substance of the matter at hand, not through established coalitions or well- defined voting blocks. Judgment of decisions should be reserved until all applicable information has been presented.
6. Be prepared and knowledgeable. To effectively lead and inform the public, Commissioners shall be prepared and informed about issues on the agenda.
7. Be respectful of other people' s time. Commissioners should stay focused, listen attentively, and act efficiently during public meetings. During public testimony, Commissioners should refrain from engaging the speaker in dialogue; however, for purposes of clarification, Commissioners may ask the speaker questions. Commission comment and discussion should commence upon the conclusion of all public testimony.
3. MEETINGS, STUDY SESSIONS, AGENDAS, AND STAFF REPORTS
3. 1 Quorum and Attendance at Meetings.
A quorum to conduct business shall consist of a majority of the total number of filled seats consistent with Town Council Resolution 2014-041. For example, if all seven Commissioners are seated, then a quorum consists of a minimum total of four members of the Commission. A quorum is not required for workshops.
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Title: Planning Commission Policies and Procedures 4 of 12 2- 05 Requests by Commissioners to attend a Commission meeting via telephonic appearance are actively discouraged. Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family, or similar emergency requiring a Commissioner' s absence or in the event the Commissioner is out of the area on official Town business. In addition, at least a quorum of the Commission must participate from a location within the Town.
3. 2 Public Meetings.
All meetings shall be held in full compliance with the provisions of state law, ordinances of the Town, and these Policies and Procedures.
3. 3 Regular Meetings.
Regular meetings of the Commission shall be held on the second and fourth Wednesdays of each month in Town Council Chambers at 110 E. Main Street, Los Gatos, unless otherwise determined by the Commission. All regular meetings of the Commission will be called to order at 7: 00 p. m., unless advertised otherwise, canceled, or rescheduled.
The Commission with the consent of the majority of the Commission, adjourn its meetings on or before 11: 30 p. m. with any unfinished business being continued to the next regular, adjourned, or special meeting, unless the Commission votes to extend the meeting. At approximately 11: 15 p. m., the Chairperson will call for review of any remaining agenda items to consider whether they will likely be completed by 11: 30 p. m., or whether continuances should be considered. The Secretary of the Planning Commission, or designee, will post notice of any continued hearing or other unfinished business, as required by law.
3.4 Special Meetings.
A special meeting may be called at any time by the Chairperson of the Commission, or by a majority of its membership on its own motion, or at the direction of the Town Council. Notice shall be sent in compliance with the Ralph M. Brown Act, Government Code section 54950, et seq. (" Brown Act") and the Los Gatos Town Code.
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Title: Planning Commission Policies and Procedures 5 of 12 2- 05
3. 5 Adjourned Meetings.
The Commission may adjourn any regular or special meeting to a time and place specified pursuant to the procedures set forth in the Brown Act.
3. 6 Workshops/ Study Sessions.
The Commission may hold a workshop as part of a regular or special meeting. When a matter is set for a workshop, public testimony on each item will generally be limited to three (3) minutes per person, at the discretion of the Chair. A workshop shall be for discussion only and the Commission will take no action on the workshop item.
3. 7 Agendas.
At least seventy-two ( 72) hours before a regular meeting, copies of the Commission' s agenda shall be posted in a location that is available for viewing by the public and made available on the Town website and at the Community Development Department. In accordance with the Brown Act, the Commission may not take action on any item that did not appear on the posted agenda, unless an exception is made as permitted under Government Code section 54954. 2. The Chair may rearrange the order of presentation of items appearing on the agenda as he or she may deem necessary or desirable for the conduct of the meeting. No person shall be entitled to rely upon the order in which public hearing items appear on the posted agenda, and any public hearing on any agenda may commence immediately upon the time the meeting is called to order.
3. 8 Staff Reports.
Staff Reports shall be made public whenever they are distributed to the Commission, except in the case of attorney/ client privilege memoranda. Staff reports will usually be prepared with recommendations and shall include the basis for these recommendations and included in the hearing record on any application.
If, in reviewing a staff report, a Commissioner sees omissions, has questions, or is looking for specific information, it is advisable that the Commissioner contact the Community Development Director or designee prior to the hearing.
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Title: Planning Commission Policies and Procedures 6 of 12 2- 05
3. 9 Order of Meetings.
The Order of Business shall be as follows subject to the Chairperson' s final approval:
1. Roll Call
2. Pledge of Allegiance
3. Written Communications
4. Requested Continuances
5. Sub -Committee Reports
6. Verbal Communications
7. Consent Calendar
8. Continued Public Hearings
9. New Public Hearings
10. Continued Other Business
11. New Other Business
12. Adjournment
3. 10 Chair' s Rules of Order.
After issuing a warning, the Chair may order from the meeting location any person( s) who commit the following acts with respect to a regular or special meeting of the Commission:
1. Disorderly, contemptuous or insolent behaviortoward the Commission, or any member thereof, which interrupts the due and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent disturbance which interrupts the due and orderly course of said meeting.
After a warning by the Chair, if more than one individual at a given meeting continues to engage in disruptive or unruly behavior to the extent that it is preventing Commissioners from adequately participating in the meeting, the Chair may order that the meeting location be cleared of all members of the public ( with the exception of members of the press who are not participating in the disruption), and/ or ( c) adjournment of the meeting to another time or place so that the meeting may continue uninterrupted.
Any Commissioner may move to require the Chair at the meeting to enforce the rules, and the affirmative vote of a majority of the Commissioners present shall require him or her to so act.
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Title: Planning Commission Policies and Procedures 7 of 12 2- 05
4. PRESENTATION OF AGENDA ITEMS
4. 1 Minutes and Recording.
Commission meetings are recorded and the recording is permanently preserved by the Town.
The recording of the meeting is used by the Secretary of the Commission to prepare minutes of the hearing which must be approved by the Commission. The minutes of the Commission' s proceedings shall show the vote of each Commissioner, including if they were absent or failed to vote on a matter considered.
4. 2 Order of Presentation.
The order of the presentation shall be as follows:
1. The Chair shall announce the subject of the agenda item.
2. Presentation of staff report, including any environmental analysis or recommendation.
3. Questions of staff by Commissioners.
4. Public hearing opened.
5. Presentation of the applicant( s) or appellant( s).
6. Public comment.
7. Rebuttal comments by the applicant( s) or appellant( s).
8. Public hearing closed.
9. Commission discussion and action.
4. 3 Public Participation.
The Commission welcomes participation and comment on any matter within its subject matter jurisdiction. It is the Commission' s intent to create and maintain an environment where people feel comfortable participating in the public process and an atmosphere of respect for all who participate in the Town' s public meetings. To maintain civility and respect and to allow the Commission to complete its work in a timely manner, the Commission requests that all attendees and participants show respect for every speaker regardless of his or her viewpoint, and to refrain from conduct that may inhibit others from addressing the Commission. Disrespectful conduct, such as hissing, booing, whistling, cheering, chanting, and judgmental hand gestures, are all inappropriate. The Commission also discourages profane remarks or personal attacks or insults to any member of the Commission, staff, other attendees or speakers, or the general public.
Accordingly, the Commission requests the cooperation of all in maintaining a meeting
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Title: Planning Commission Policies and Procedures 8 of 12 2- 05 environment where persons can feel comfortable participating in the public process and expressing their views and opinions, and an atmosphere of respect for all.
4. 4 Rules of Evidence.
Hearings and meetings before the Commission need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs.
4. 5 Written Evidence.
Written evidence that members of the public wish to submit to the Commission in advance of a Commission agenda item should be submitted by 11: 00 a. m. on the Wednesday one week prior to the Commission meeting in order for such evidence to be provided to the Commission with its agenda packet in advance of the meeting. Any written evidence submitted afterthis day and time but prior to 11: 00 a. m. on the day of the hearing will be distributed to the Commission in an Addendum or Desk Item.
Written or pictorial evidence distributed to the Commission at the meeting may not be effective, as the Commission may not have enough time to absorb its content. Although late correspondence is highly discouraged for this reason, any participant may submit written and pictorial evidence to the Commission during the public hearing on an item.
4. 6 Oral Evidence, Time Limits, and Number of Speakers.
A speaker' s card to speak on an item should be submitted to the Secretary of the Commission or designee.
The Chair' s instructions to the audience will generally follow these guidelines:
1. Any person desiring to speak must first be recognized by the Chair.
2. All participants must speak from the podium.
3. All speakers are requested to first state their full name and full address, and to speak into the microphone as all meetings are recorded. To ensure correct spelling of names and addresses, all speakers are encouraged to submit a speaker' s card to the Secretary of the Commission or designee.
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Title: Planning Commission Policies and Procedures 9 of 12 2- 05
4. All comments shall be directed to the Commission as a body, and not to any particular Commissioner, staff person or audience. No person, otherthan Commissioners, staff, and the person having the floor shall be permitted to enter into the discussion.
Commissioners shall only ask questions of the speakers through the Chair. Each applicant and appellant shall be limited to a five ( 5) minute presentation at the start of the public hearing and a three ( 3) minute rebuttal after all other speakers have been heard. All members of the applicant' s or appellant' s team shall be heard as a group within these time limits. Questions by the members of the Commission do not count against the time.
Members of the public who wish to speak on any items will be limited to up to 3 minutes each. No person shall be allowed to speak a second time per item. In order to assure the opportunity for all those desiring to speak before the Commission, there is no yielding of time to another speaker. The Chair, at his or her discretion, may allocate more or less time for speakers due to the complexity of the issues and/ or due to a large number of speakers on a particular item. Except for the applicant or appellant, all speakers shall be limited to the same amount of time to speak.
4. 7 Evidence Received Outside a Hearing.
Applications before the Planning Commission involve quasi- judicial matters, legislative matters and matters that have attributes of each. On quasi- judicial matters California law requires decisions to be based on findings, and findings to be based on evidence presented at the hearing.
Accordingly, the actual decision of the Commission on a quasi- judicial matter must be supported by evidence presented at the hearing, i. e. the staff report, testimony given during the hearing and comments from other Commissioners. A Commissioner may not state or predetermine his or her decisions on an application prior to the hearing.
In order to avoid the appearance of bias or impropriety, individual Commissioners are prohibited from discussing, outside of the public hearing process, the substance of any project with project proponents, opponents and member of the public. This prohibition shall apply to all projects, whether conceptual or proposed, that can be considered by the Commission in reviewing an application, on appeal or on remand. Study sessions may be used as a means of facilitating informal communication. Individual Commissioners who have engaged in prohibited discussions shall recuse themselves from consideration of the project.
Incidental contacts that do not address the substance of any project are not prohibited. Incidental contacts are those that are not reasonably understood to influence a Commissioner' s decision and include speaking with an interested party to obtain approval to enter a property and to
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Title: Planning Commission Policies and Procedures 10 of 12 2- 05 obtain information intended to orient the Commissioner about the physical aspects of the property or a project.
5. MOTIONS
Action upon an order, resolution, ordinance, or any other action of the Commission may be proposed by any Commissioner by a motion. Before a motion can be considered or debated it must be seconded, at which time it shall be on the floor and must be considered. If not seconded, the motion dies for lack of a second and shall be so declared by the Chair. Substitute motions and other parliamentary procedures shall follow Robert' s Rules of Order.
Pursuant to Planning Commission Resolution No. 78- 4, adopted May 10, 1978, the Planning Commission will not accept requests for continuances from applicants after 12: 00 noon of the Friday preceding any Commission meeting, provided, however, that the Commission retains the right to make exceptions when it finds that a genuine emergency exists which was not known to the applicant.
A motion to adopt or approve staff recommendations or simply to approve the action under consideration shall, unless otherwise particularly specified be deemed to include adoption of all proposed findings and execution of all actions recommended in both the written staff report on file on the matter, any verbal staff report, and other evidence presented during the hearing.
6. VOTING AND ABSENTEES
Voting of not less than three ( 3) votes shall be required to carry a motion, unless a larger number of votes is required by applicable ordinance or other law.
If a Commissioner is not eligible to participate in the consideration of an item due to a conflict of interest, the Commissioner shall be disqualified and shall recuse him or herself from the voting, in which case the Commissioner cannot be included in the quorum. Prior to consideration of the matter, the conflicted Commissioner shall recuse on the record, stating the basis for the recusal, and shall then leave the room, unless legally entitled to remain under applicable law.
If a majority of the Commission shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Commission shall select by lot, or other means of random
Page: Policy Number:
Title: Planning Commission Policies and Procedures 11 of 12 2- 05 selection, that number of disqualified Commissioners which, when added to the Commissioners eligible to vote, shall constitute a quorum.
A Commissioner who expects to be absent should notify the Chair and the Community Development Department prior to the meeting.
Pursuant to Resolution 2011- 012, any Commissioner who is absent from eight ( 8) regular meetings held in a twelve ( 12) consecutive month period, shall, as a result, surrender his or her office on the Planning Commission and the office shall be considered vacant.
A Commissioner who is absent from any portion of a hearing conducted by the Commission may vote on the matter at the time it is acted upon, provided that he or she viewed the video recording of the entire portion of the hearing from which he or she was absent, and he or she has examined all of the staff reports and minutes presented during the portion of the hearing from which he or she was absent; and he or she states for the record before voting that the Commissioner deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing.
7. LEGAL REQUIREMENTS
The Planning Commission operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town' s legal officer and is available to advise the Commission on these matters.
The Ralph M. Brown Act requires that meetings of the Planning Commission be open and public.
Meetings" occur whenever four ( 4) or more members of the Commission hear, discuss, or deliberate on any matter that is relevant to the Town. This includes discussions that occur face to face, serially, through third parties, or through written, telephonic, or e- mail communications.
The Political Reform Act controls conflicts of interests through disclosure of financial interests and prohibition in participating in decision making. Commissioners are prohibited from making, participating in or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. Financial interests can arise out of property ownership, business investment, leadership in a business entity, and receipt of money or gifts.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 12 of 12 2- 05
8. CONSTRUCTION AND EFFECT
These Policies and Procedures shall be construed and applied so as to ensure a full and fair hearing of relevant evidence which is offered on a land use matter and to facilitate an orderly analysis of evidence and issues by the Commission. Failure to comply with the strict provisions of these Policies and Procedures shall not necessarily invalidate any action taken by the Commission.
9. RULES OF ORDER.
Except as otherwise provided in these Policies and Procedures, Roberts Rules of Order shall be used as a guide for the conduct of the meetings of the Planning Commission. No omission to conform to said rules of order shall in any instance be deemed to invalidate any action taken by the Commission.
10. AMENDMENT.
These Policies and Procedures may only be amended by the Town Council.
APPROVED AS TO FORM:
Robert Schult 1, To Attorney
ATTACHMENT 3
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE AGENDA
FEBRUARY 28, 2023
TELECONFERENCE
5:00 PM
Rob Moore, Chair
Mathew Hudes, Vice Chair
IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not be physically open to the public and the Council will be teleconferencing from remote locations.
Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below).
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar. Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/83046365193?pwd=ckFQUVBDWEVNZTBQZXhFbjhDL3B1QT09 Passcode: 812858. You can also type in 830 463 65193 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
Join by telephone. Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
When the Chair announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
When called to speak, you will be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Chair may decide, consistent with the time limit for speakers at a Council Policy Committee meeting.
If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
ATTACHMENT 4
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Committee without first being recognized; · Interrupting speakers, Committee Members, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
MEETING CALL TO ORDER
ROLL CALL
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Committee may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Chair asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 2 of this agenda. If an item is removed, the Chair has the sole discretion to determine when the item will be heard.)
1. Approve Draft Minutes of the January 23, 2023 Council Policy Committee Meeting.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Policy Committee on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Chair, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
2. Confirm 2023 Work Plan Items for the Council Policy Committee.
3. Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04: Town Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum, and the Commissioner Handbook.
ADJOURNMENT
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 02/28/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Policy Committee Meeting
January 23, 2023
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Monday, January 23, 2023, at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:02 P.M.
ROLL CALL
Members Present: Rob Moore, Matthew Hudes
Staff Present: Laurel Prevetti, Town Manager; Gabrielle Whelan, Town Attorney; Wendy Wood, Town Clerk; Joel Paulson, Community Development Department Director; Jennifer Armer, Planning Manager.
APPOINT CHAIR AND VICE CHAIR
Rob Moore was appointed Chair and Matthew Hudes was appointed Vice Chair by unanimous vote of the Committee.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Draft Minutes of the September 17, 2022 Council Policy Committee.
2. Approve the Town Council Policy Committee Meeting Schedule for 2023.
Approved.
VERBAL COMMUNICATIONS
None.
PAGE 2 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of January 23, 2023 DATE: February 28, 2023
OTHER BUSINESS
3. Recommend to the Town Council Modifications to Town Council Policy 2-01: Agenda Format and Rules Regarding Town Remote Attendance for Town Boards, Commissions, and Committees.
Laurel Prevetti, Town Manager, presented the staff report.
Opened public comment.
Cindy Walker from the Complete Streets and Transportation Committee commented in favor of hybrid meetings for all Boards, Commissions, and Committees due to concerns regarding Committee members being unable to attend in person and to increase the opportunity for public participation.
Susan Burnett from the Planning Commission asked for clarification regarding the discussion and commented in favor of in-person and video meetings, and not in support of audio only meetings.
Closed Public Comment.
After discussion, the Committee was split with Vice Chair Hudes recommending the Council approve the proposed changes with the exception of conducting hybrid meetings for the Planning Commission and Finance Commission. Chair Moore requested that Council consider the staff recommendation as well as additional information regarding the feasibility and cost of options for audio only and audio with video hybrid meetings for all Board, Commission, and Committee meetings.
4. Identify Future Work Plan Items for the Council Policy Committee.
Laurel Prevetti, Town Manager, presented the staff report.
Opened public comment.
None.
Closed Public Comment.
After discussion, the Committee approved the proposed 2023 Work Plan with the following additions:
Review of Ethics and Conflict of Interest Policies.
PAGE 3 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of January 23, 2023 DATE: February 28, 2023
Review Policies for Commission, Board, Committee, and Council Recusal. Review the Brown Act and Council Communications with Regards to Forums such as Democracy Tent.
Review Conflicts of Interest for Political Endorsements from Organizations Funded by the Town.
Reexamine the Policy Committee’s Enabling Resolution. Consider a Capital Improvement Equity Policy.
Consider a Commercial Rent Control Policy.
And the following deletions, recognizing that the other Commissions should be the recommending body to Town Council:
Consider the Creation of a Reorganization Policy.
Potential Amendments to the Story Pole and Netting Policy. Consider a Los Gatos Election Policy.
Consider Home Occupancy Permit Criteria and Limitations. Discuss Guidelines for Tree Planting In-Lieu Fees When Additional Trees Would Conflict with Maintaining Defensible Space.
Discuss Transportation Impact Mitigation Policy and Fees. Consider the Definition of “Specialty Retail.”
Review Zoning Requirements for Banks in the Downtown District. Continue to Consider Land Use Streamlining Modifications and Review of Items in the Land Use Policies Binder.
The Committee asked staff to return with a revised Work Plan for review based on their input.
ADJOURNMENT
The meeting adjourned at 6:25 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
January 23, 2023 meeting as approved by the
Town Council Policy Committee.
Holly Young, Senior Management Analyst
PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 02/28/2023
ITEM NO: 2
DATE: February 28, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Confirm 2023 Work Plan Items for the Council Policy Committee RECOMMENDATION:
Confirm 2023 work plan items for the Council Policy Committee.
REMARKS:
On January 23, 2023, the Council Policy Committee discussed a proposed 2023 Work Plan. The Committee provided input on the proposed Plan including requesting various items be added and deleted. The Committee asked staff to return with a revised Work Plan for review based on the discussion (see Attachment 1).
The revised Work Plan is arranged loosely in priority order. The Work Plan also includes two items directed by the Town Council:
An evaluation of remote participation for Boards, Committees, and Commissions later in 2023; and
Modifications to Town Policies to address Commissioner discipline.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office (including Economic Vitality and the Clerk Department), Community Development Department, Parks and Public Works Department, and the Town Attorney’s Office.
PAGE 2 OF 2
SUBJECT: 2023 Work Plan Items
DATE: February 28, 2023
FISCAL IMPACT:
There is no associated fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Attachment:
1. Revised 2023 Draft Work Plan
ATTACHMENT 1
2023 Town Council Policy Committee Work Plan Items (Revised) Determine Modifications to Town Policies to Address Commissioner Discipline. Consider an Emergency Procurement Policy.
Consider Legislative Advocacy Priorities/Principles (Building from Existing Legislative Policy).
Consider Finance Commission Recommendation to Create a Public Input and Outreach in Labor Negotiations Policy Modeled after Menlo Park.
Consider Finance Commission Recommendation for Council Not to Engage in Confidential Agreements with Bargaining Units that Would Prevent Disclosure that Would Otherwise be Properly Disclosed under the Brown Act. Review of Ethics and Conflict of Interest Policies.
Review Policies for Commission, Board, Committee, and Council Recusal. Review the Brown Act and Council Communications with Regards to Forums, such as Democracy Tent.
Review Conflicts of Interest for Political Endorsements from Organizations Funded by the Town.
Consider a Capital Improvement Equity Policy.
Consider a Commercial Rent Control Policy.
Reexamine the Policy Committee’s Enabling Resolution. Evaluate the Remote Participation Provisions for Boards, Committees, and Commissions as Contained in the Agenda Format and Rules Policy.
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 02/28/2023
ITEM NO: 3
3 DATE: February 17, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04:
Town Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum, and the Commissioner Handbook
RECOMMENDATION:
Discuss and provide direction to potentially modify Town Council Policy 2-04: Town Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum, and the Commissioner Handbook.
BACKGROUND:
Currently the Town has a patchwork of Town Council Policies that are used to evaluate a potential disciplinary issue with a Commissioner. The Commissioner Handbook states that for enforcement:
If a member of a Town Board, Commission, or Committee does not follow the Commissioner’s Handbook, the Mayor or his/her designee will counsel that member regarding the rules and their importance to the Council and the Town (see Resolution 1999-167 and Town Council Code of Conduct Policy).
Town Council Policy 2-04: Town Council Code of Conduct has a specific disciplinary process that has been used for Commissioners (see Attachment 1).
In addition, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum states the grounds for dismissal of a Commissioner (see Attachment 2, page 7). Since this Policy does not provide a process for evaluating a policy violation, the Town’s practice has been to follow the procedure in the Code of Conduct.
PAGE 2 OF 3
SUBJECT: Discuss and Provide Direction on Potential Modifications to Several Council Policies and the Commissioner Handbook
DATE: February 17, 2023
BACKGROUND (continued):
After a recent disciplinary proceeding, the Town Council asked the Council Policy Committee to review the applicable Policies and make recommendations to improve the procedure to discipline Commissioners.
DISCUSSION:
This agenda item provides the Policy Committee an opportunity to provide direction to staff to improve the procedure. The Committee may want to consider the following questions in its deliberations:
Should the discipline procedure in the Code of Conduct Policy in its entirety apply to Commissioners?
If not, are there any elements of the discipline procedure from the Code of Conduct that should apply? For example:
o Should the evaluation committee consist of the same members? o Should the same Minor and Major distinction apply?
o Under what circumstances should a third party conduct an initial interview with the subject Commissioner and report the findings to the evaluation committee? o What discipline options should be available for Commissioners? What other procedural steps would the Committee recommend? What other guidance should be contained in Town Policies regarding this matter? In addition to the above referenced Policies, the Planning Commission Policy is contained in Attachment 3.
Based on the direction of the Committee, staff will return at a subsequent meeting with draft language for the Committee’s review. Once the Committee has completed its work, the matter will go before the entire Council for final consideration and action.
CONCLUSION:
Staff looks forward to the Committee’s discussion and direction. Based on the direction, staff will return to subsequent Policy Committee meetings to review draft specific redline modifications.
COORDINATION:
The preparation of this report was coordinated with the Town Attorney.
PAGE 3 OF 3
SUBJECT: Discuss and Provide Direction on Potential Modifications to Several Council Policies and the Commissioner Handbook
DATE: February 17, 2023
FISCAL IMPACT:
Potential modifications to Council Policies and the Commissioner Handbook have no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Attachments:
1. Town Council Policy 2-04: Town Council Code of Conduct
2. Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum
3. Town Council Policy 2-05: Planning Commission Policies and Procedures
ATTACHMENT
1
Title: Planning Commission Policies and Procedures Policy Number: 2- 05 Effective Date: 1983 Pages: 11
Enabling Actions: Revised Date: S/ 8/ 1985; 11/ 18/ 1987; 9/ 22/ 93; 11/ 16/ 1998; 4/ 16/ 2001;
12/ 6/ 2010; 4/ 21/ 2015; 9/ 20/ 2016;
8/ 20/ 2019
PURPOSE
This Policy is to inform Planning Commission Members of their roles, responsibilities, and functions, as well as operating procedures for meetings.
SCOPE
Since 1983, the Town Council has adopted Planning Commission Policies and Procedures. The Procedures address topics including the agenda format, Commissioner conduct at Planning Commission meetings, absences, evidence outside of formal hearings, findings, voting, and other issues. Periodically, the Town Council adopts revisions to the Procedures.
POLICY AND PROCEDURES
1. ORGANIZATION, OFFICERS, DUTIES
1. 1 Organization.
The Planning Commission consists of seven voting members and shall be organized as prescribed by Town Code Section 29. 20. 750 and the Town Council. All Planning Commissioners shall be appointed by the Town Council. Commissioners serve at the pleasure of the Town Council and may be removed prior to the end of his or her term by a four -fifths vote of the Town Council.
1. 2 Officers.
A Chairperson ( hereinafter Chair) and Vice -Chairperson ( hereinafter Vice Chair) shall be elected annually from among the Commission' s membership at the first meeting in January, to serve at the pleasure of the Commission for a term of office of one year.
ATTACHMENT 3
Page: Policy Number:
Title: Planning Commission Policies and Procedures 2 of 12 2- 05 The Chair shall:
a) Preside at all meetings of the Commission.
b) Sign documents of the Commission.
c) Determine meeting schedule and agenda items consistence with state law noticing requirements.
During the absence, disability or disqualification of the Chair, the Vice -Chair shall perform all the duties and be subject to all the responsibilities of the Chair.
The Vice -Chair shall succeed the Chair if he or she vacates the office before his or her term is completed and shall serve the unexpired term of the vacated office. ( A new Vice -Chair shall be elected at the next regular meeting.)
In the absence of the Chair and Vice -Chair, any other Commissioner shall call the Commission to order whereupon a Chair pro tem shall be elected from the Commissioners present to preside.
1. 3 Duties.
The functions, powers and duties of the Planning Commission shall consist of all those functions, powers and duties of a Planning Commission as provided in Chapters 3 and 4 of Title 7, commencing with Section 65100 of the California Government Code ( Planning and Zoning Law) and as the same may be hereafter amended. The Planning Commission shall perform such other duties and functions as may be designated in Town Code and by the Town Council.
1. 4 Support.
The Secretary of the Planning Commission is the Community Development Director or designee.
The Chair shall set the Agenda in consultation with the Secretary.
2. LEGAL AND ETHICAL STANDARDS
Planning Commissioners must serve as a model of leadership and civility to the community and treat all members of the public, each other, and the issues before them with respect to ensure open and effective government.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 3 of 12 2- 05 To ensure the highest standards of respect and integrity during public meetings, Planning Commissioners shall:
1. Use formal titles. The Commissioners shall refer to one another formally during Commission meetings such as Chair, Vice Chair, Commissioner, or Mr., Mrs., or Ms., followed by the individual' s last name.
2. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. This does not allow, however, Commissioners to make abusive, slanderous, and personal comments, and/ or physical actions that could be construed as threatening. During public discussions, Commissioners shall be respectful of others and diverse opinions, practice objectivity, and allow for the debate of issues.
3. Honorthe role ofthe Chair in maintaining order and equity, and respect the Chair' s efforts to focus discussion on current agenda items. Objections to the Chair' s actions should be voiced politely and with reason.
4. Demonstrate effective problem -solving approaches. Commissioners are role models for residents, business people, and other stakeholders involved in public debate.
5. Base decisions on the -. written evidence, arguments or testimony and decisions should be made objectively and based upon the merits and substance of the matter at hand, not through established coalitions or well- defined voting blocks. Judgment of decisions should be reserved until all applicable information has been presented.
6. Be prepared and knowledgeable. To effectively lead and inform the public, Commissioners shall be prepared and informed about issues on the agenda.
7. Be respectful of other people' s time. Commissioners should stay focused, listen attentively, and act efficiently during public meetings. During public testimony, Commissioners should refrain from engaging the speaker in dialogue; however, for purposes of clarification, Commissioners may ask the speaker questions. Commission comment and discussion should commence upon the conclusion of all public testimony.
3. MEETINGS, STUDY SESSIONS, AGENDAS, AND STAFF REPORTS
3. 1 Quorum and Attendance at Meetings.
A quorum to conduct business shall consist of a majority of the total number of filled seats consistent with Town Council Resolution 2014-041. For example, if all seven Commissioners are seated, then a quorum consists of a minimum total of four members of the Commission. A quorum is not required for workshops.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 4 of 12 2- 05 Requests by Commissioners to attend a Commission meeting via telephonic appearance are actively discouraged. Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family, or similar emergency requiring a Commissioner' s absence or in the event the Commissioner is out of the area on official Town business. In addition, at least a quorum of the Commission must participate from a location within the Town.
3. 2 Public Meetings.
All meetings shall be held in full compliance with the provisions of state law, ordinances of the Town, and these Policies and Procedures.
3. 3 Regular Meetings.
Regular meetings of the Commission shall be held on the second and fourth Wednesdays of each month in Town Council Chambers at 110 E. Main Street, Los Gatos, unless otherwise determined by the Commission. All regular meetings of the Commission will be called to order at 7: 00 p. m., unless advertised otherwise, canceled, or rescheduled.
The Commission with the consent of the majority of the Commission, adjourn its meetings on or before 11: 30 p. m. with any unfinished business being continued to the next regular, adjourned, or special meeting, unless the Commission votes to extend the meeting. At approximately 11: 15 p. m., the Chairperson will call for review of any remaining agenda items to consider whether they will likely be completed by 11: 30 p. m., or whether continuances should be considered. The Secretary of the Planning Commission, or designee, will post notice of any continued hearing or other unfinished business, as required by law.
3.4 Special Meetings.
A special meeting may be called at any time by the Chairperson of the Commission, or by a majority of its membership on its own motion, or at the direction of the Town Council. Notice shall be sent in compliance with the Ralph M. Brown Act, Government Code section 54950, et seq. (" Brown Act") and the Los Gatos Town Code.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 5 of 12 2- 05
3. 5 Adjourned Meetings.
The Commission may adjourn any regular or special meeting to a time and place specified pursuant to the procedures set forth in the Brown Act.
3. 6 Workshops/ Study Sessions.
The Commission may hold a workshop as part of a regular or special meeting. When a matter is set for a workshop, public testimony on each item will generally be limited to three (3) minutes per person, at the discretion of the Chair. A workshop shall be for discussion only and the Commission will take no action on the workshop item.
3. 7 Agendas.
At least seventy-two ( 72) hours before a regular meeting, copies of the Commission' s agenda shall be posted in a location that is available for viewing by the public and made available on the Town website and at the Community Development Department. In accordance with the Brown Act, the Commission may not take action on any item that did not appear on the posted agenda, unless an exception is made as permitted under Government Code section 54954. 2. The Chair may rearrange the order of presentation of items appearing on the agenda as he or she may deem necessary or desirable for the conduct of the meeting. No person shall be entitled to rely upon the order in which public hearing items appear on the posted agenda, and any public hearing on any agenda may commence immediately upon the time the meeting is called to order.
3. 8 Staff Reports.
Staff Reports shall be made public whenever they are distributed to the Commission, except in the case of attorney/ client privilege memoranda. Staff reports will usually be prepared with recommendations and shall include the basis for these recommendations and included in the hearing record on any application.
If, in reviewing a staff report, a Commissioner sees omissions, has questions, or is looking for specific information, it is advisable that the Commissioner contact the Community Development Director or designee prior to the hearing.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 6 of 12 2- 05
3. 9 Order of Meetings.
The Order of Business shall be as follows subject to the Chairperson' s final approval:
1. Roll Call
2. Pledge of Allegiance
3. Written Communications
4. Requested Continuances
5. Sub -Committee Reports
6. Verbal Communications
7. Consent Calendar
8. Continued Public Hearings
9. New Public Hearings
10. Continued Other Business
11. New Other Business
12. Adjournment
3. 10 Chair' s Rules of Order.
After issuing a warning, the Chair may order from the meeting location any person( s) who commit the following acts with respect to a regular or special meeting of the Commission:
1. Disorderly, contemptuous or insolent behaviortoward the Commission, or any member thereof, which interrupts the due and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent disturbance which interrupts the due and orderly course of said meeting.
After a warning by the Chair, if more than one individual at a given meeting continues to engage in disruptive or unruly behavior to the extent that it is preventing Commissioners from adequately participating in the meeting, the Chair may order that the meeting location be cleared of all members of the public ( with the exception of members of the press who are not participating in the disruption), and/ or ( c) adjournment of the meeting to another time or place so that the meeting may continue uninterrupted.
Any Commissioner may move to require the Chair at the meeting to enforce the rules, and the affirmative vote of a majority of the Commissioners present shall require him or her to so act.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 7 of 12 2- 05
4. PRESENTATION OF AGENDA ITEMS
4. 1 Minutes and Recording.
Commission meetings are recorded and the recording is permanently preserved by the Town.
The recording of the meeting is used by the Secretary of the Commission to prepare minutes of the hearing which must be approved by the Commission. The minutes of the Commission' s proceedings shall show the vote of each Commissioner, including if they were absent or failed to vote on a matter considered.
4. 2 Order of Presentation.
The order of the presentation shall be as follows:
1. The Chair shall announce the subject of the agenda item.
2. Presentation of staff report, including any environmental analysis or recommendation.
3. Questions of staff by Commissioners.
4. Public hearing opened.
5. Presentation of the applicant( s) or appellant( s).
6. Public comment.
7. Rebuttal comments by the applicant( s) or appellant( s).
8. Public hearing closed.
9. Commission discussion and action.
4. 3 Public Participation.
The Commission welcomes participation and comment on any matter within its subject matter jurisdiction. It is the Commission' s intent to create and maintain an environment where people feel comfortable participating in the public process and an atmosphere of respect for all who participate in the Town' s public meetings. To maintain civility and respect and to allow the Commission to complete its work in a timely manner, the Commission requests that all attendees and participants show respect for every speaker regardless of his or her viewpoint, and to refrain from conduct that may inhibit others from addressing the Commission. Disrespectful conduct, such as hissing, booing, whistling, cheering, chanting, and judgmental hand gestures, are all inappropriate. The Commission also discourages profane remarks or personal attacks or insults to any member of the Commission, staff, other attendees or speakers, or the general public.
Accordingly, the Commission requests the cooperation of all in maintaining a meeting
Page: Policy Number:
Title: Planning Commission Policies and Procedures 8 of 12 2- 05 environment where persons can feel comfortable participating in the public process and expressing their views and opinions, and an atmosphere of respect for all.
4. 4 Rules of Evidence.
Hearings and meetings before the Commission need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs.
4. 5 Written Evidence.
Written evidence that members of the public wish to submit to the Commission in advance of a Commission agenda item should be submitted by 11: 00 a. m. on the Wednesday one week prior to the Commission meeting in order for such evidence to be provided to the Commission with its agenda packet in advance of the meeting. Any written evidence submitted afterthis day and time but prior to 11: 00 a. m. on the day of the hearing will be distributed to the Commission in an Addendum or Desk Item.
Written or pictorial evidence distributed to the Commission at the meeting may not be effective, as the Commission may not have enough time to absorb its content. Although late correspondence is highly discouraged for this reason, any participant may submit written and pictorial evidence to the Commission during the public hearing on an item.
4. 6 Oral Evidence, Time Limits, and Number of Speakers.
A speaker' s card to speak on an item should be submitted to the Secretary of the Commission or designee.
The Chair' s instructions to the audience will generally follow these guidelines:
1. Any person desiring to speak must first be recognized by the Chair.
2. All participants must speak from the podium.
3. All speakers are requested to first state their full name and full address, and to speak into the microphone as all meetings are recorded. To ensure correct spelling of names and addresses, all speakers are encouraged to submit a speaker' s card to the Secretary of the Commission or designee.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 9 of 12 2- 05
4. All comments shall be directed to the Commission as a body, and not to any particular Commissioner, staff person or audience. No person, otherthan Commissioners, staff, and the person having the floor shall be permitted to enter into the discussion.
Commissioners shall only ask questions of the speakers through the Chair. Each applicant and appellant shall be limited to a five ( 5) minute presentation at the start of the public hearing and a three ( 3) minute rebuttal after all other speakers have been heard. All members of the applicant' s or appellant' s team shall be heard as a group within these time limits. Questions by the members of the Commission do not count against the time.
Members of the public who wish to speak on any items will be limited to up to 3 minutes each. No person shall be allowed to speak a second time per item. In order to assure the opportunity for all those desiring to speak before the Commission, there is no yielding of time to another speaker. The Chair, at his or her discretion, may allocate more or less time for speakers due to the complexity of the issues and/ or due to a large number of speakers on a particular item. Except for the applicant or appellant, all speakers shall be limited to the same amount of time to speak.
4. 7 Evidence Received Outside a Hearing.
Applications before the Planning Commission involve quasi- judicial matters, legislative matters and matters that have attributes of each. On quasi- judicial matters California law requires decisions to be based on findings, and findings to be based on evidence presented at the hearing.
Accordingly, the actual decision of the Commission on a quasi- judicial matter must be supported by evidence presented at the hearing, i. e. the staff report, testimony given during the hearing and comments from other Commissioners. A Commissioner may not state or predetermine his or her decisions on an application prior to the hearing.
In order to avoid the appearance of bias or impropriety, individual Commissioners are prohibited from discussing, outside of the public hearing process, the substance of any project with project proponents, opponents and member of the public. This prohibition shall apply to all projects, whether conceptual or proposed, that can be considered by the Commission in reviewing an application, on appeal or on remand. Study sessions may be used as a means of facilitating informal communication. Individual Commissioners who have engaged in prohibited discussions shall recuse themselves from consideration of the project.
Incidental contacts that do not address the substance of any project are not prohibited. Incidental contacts are those that are not reasonably understood to influence a Commissioner' s decision and include speaking with an interested party to obtain approval to enter a property and to
Page: Policy Number:
Title: Planning Commission Policies and Procedures 10 of 12 2- 05 obtain information intended to orient the Commissioner about the physical aspects of the property or a project.
5. MOTIONS
Action upon an order, resolution, ordinance, or any other action of the Commission may be proposed by any Commissioner by a motion. Before a motion can be considered or debated it must be seconded, at which time it shall be on the floor and must be considered. If not seconded, the motion dies for lack of a second and shall be so declared by the Chair. Substitute motions and other parliamentary procedures shall follow Robert' s Rules of Order.
Pursuant to Planning Commission Resolution No. 78- 4, adopted May 10, 1978, the Planning Commission will not accept requests for continuances from applicants after 12: 00 noon of the Friday preceding any Commission meeting, provided, however, that the Commission retains the right to make exceptions when it finds that a genuine emergency exists which was not known to the applicant.
A motion to adopt or approve staff recommendations or simply to approve the action under consideration shall, unless otherwise particularly specified be deemed to include adoption of all proposed findings and execution of all actions recommended in both the written staff report on file on the matter, any verbal staff report, and other evidence presented during the hearing.
6. VOTING AND ABSENTEES
Voting of not less than three ( 3) votes shall be required to carry a motion, unless a larger number of votes is required by applicable ordinance or other law.
If a Commissioner is not eligible to participate in the consideration of an item due to a conflict of interest, the Commissioner shall be disqualified and shall recuse him or herself from the voting, in which case the Commissioner cannot be included in the quorum. Prior to consideration of the matter, the conflicted Commissioner shall recuse on the record, stating the basis for the recusal, and shall then leave the room, unless legally entitled to remain under applicable law.
If a majority of the Commission shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Commission shall select by lot, or other means of random
Page: Policy Number:
Title: Planning Commission Policies and Procedures 11 of 12 2- 05 selection, that number of disqualified Commissioners which, when added to the Commissioners eligible to vote, shall constitute a quorum.
A Commissioner who expects to be absent should notify the Chair and the Community Development Department prior to the meeting.
Pursuant to Resolution 2011- 012, any Commissioner who is absent from eight ( 8) regular meetings held in a twelve ( 12) consecutive month period, shall, as a result, surrender his or her office on the Planning Commission and the office shall be considered vacant.
A Commissioner who is absent from any portion of a hearing conducted by the Commission may vote on the matter at the time it is acted upon, provided that he or she viewed the video recording of the entire portion of the hearing from which he or she was absent, and he or she has examined all of the staff reports and minutes presented during the portion of the hearing from which he or she was absent; and he or she states for the record before voting that the Commissioner deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing.
7. LEGAL REQUIREMENTS
The Planning Commission operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town' s legal officer and is available to advise the Commission on these matters.
The Ralph M. Brown Act requires that meetings of the Planning Commission be open and public.
Meetings" occur whenever four ( 4) or more members of the Commission hear, discuss, or deliberate on any matter that is relevant to the Town. This includes discussions that occur face to face, serially, through third parties, or through written, telephonic, or e- mail communications.
The Political Reform Act controls conflicts of interests through disclosure of financial interests and prohibition in participating in decision making. Commissioners are prohibited from making, participating in or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. Financial interests can arise out of property ownership, business investment, leadership in a business entity, and receipt of money or gifts.
Page: Policy Number:
Title: Planning Commission Policies and Procedures 12 of 12 2- 05
8. CONSTRUCTION AND EFFECT
These Policies and Procedures shall be construed and applied so as to ensure a full and fair hearing of relevant evidence which is offered on a land use matter and to facilitate an orderly analysis of evidence and issues by the Commission. Failure to comply with the strict provisions of these Policies and Procedures shall not necessarily invalidate any action taken by the Commission.
9. RULES OF ORDER.
Except as otherwise provided in these Policies and Procedures, Roberts Rules of Order shall be used as a guide for the conduct of the meetings of the Planning Commission. No omission to conform to said rules of order shall in any instance be deemed to invalidate any action taken by the Commission.
10. AMENDMENT.
These Policies and Procedures may only be amended by the Town Council.
APPROVED AS TO FORM:
Robert Schult 1, To Attorney
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE AGENDA
MARCH 28, 2023
110 EAST MAIN STREET
TOWN COUNCIL CHAMBERS
5:00 PM
Rob Moore, Chair
Matthew Hudes, Vice Chair
This meeting will be held in-person at the Town Council Chambers at 110 E. Main Street.
Members of the public may only provide public comments for the agenda item in-person.
PARTICIPATION IN THE PUBLIC PROCESS
The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you are interested in providing oral comments during the meeting, you must attend in-person and complete a “speaker’s card” located on the back of the chamber benches and return it to the staff. If you wish to speak to an item on the agenda, please list the item number. The time allocated to speakers may change to better facilitate the Board meeting. You are welcome to submit written comments via email to [email protected].
Public Comment During the Meeting:
When called to speak, please limit your comments to three (3) minutes, or such other time as the Chair may decide, consistent with the time limit for speakers at a Town meeting.
Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional and not required.
Deadlines for Public Comment and Presentations are as follows:
If you are unable to participate in person, you may email [email protected] with the subject line “Public Comment Item #_” (insert the item number relevant to your comment). Persons wishing to submit written comments to be included in the materials provided to Board must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Friday before the Committee meeting
o For inclusion in an Addendum: by 11:00 a.m. the Monday or Tuesday before the Committee meeting
o For inclusion in a Desk Item: by 11:00 a.m. on the day of the Committee meeting Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email to [email protected] to the by 3:00 p.m. the day of the meeting.
ATTACHMENT 5
MEETING CALL TO ORDER
ROLL CALL
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Committee without first being recognized; · Interrupting speakers, Committee Members, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Chair asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 2 of this agenda. If an item is removed, the Chair has the sole discretion to determine when the item will be heard.)
1. Approve Minutes of the February 28, 2023 Council Policy Committee Meeting.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Committee on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Chair, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
2. Discuss Proposed Changes to Council Code of Conduct Policy, and Commission Appointments, Residency and Attendance Requirements and Establishing a Quorum Policy.
3. Recommend Legislative Priorities to the Town Council.
ADJOURNMENT
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 03/28/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Policy Committee Meeting
February 28, 2023
The Town Council Policy Committee of the Town of Los Gatos conducted a regular meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Tuesday, February 28, 2023, at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:01 P.M.
ROLL CALL
Members Present: Rob Moore, Matthew Hudes
Staff Present: Laurel Prevetti, Town Manager; Gabrielle Whelan, Town Attorney; Wendy Wood, Town Clerk; Joel Paulson, Community Development Department Director; Holly Young, Senior Management Analyst.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Draft Minutes of the January 23, 2023 Council Policy Committee.
Approved.
VERBAL COMMUNICATIONS
Abc123 commented that the meeting was not on the calendar system on the Town website.
Lee Quintana commented that the meeting is on the Town’s agenda calendar, but not on the monthly calendar.
OTHER BUSINESS
2. Confirm 2023 Work Plan Items for the Council Policy Committee.
Laurel Prevetti, Town Manager, presented the staff report.
PAGE 2 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of February 28, 2023 DATE: March 28, 2023
Opened public comment.
Lee Quintana commented that the second to last item of reexamining the Policy Committee’s enabling resolution should be moved up in importance because it has to do with the role of the Committee itself.
Closed Public Comment.
After discussion, the Committee agreed to adopt the items as listed in loose priority order with staff using discretion to group items together and the following adjustments:
Move the two items regarding labor negotiations recommended by the Finance Commission (items 4 and 5) down the list to just above the last item; Move the item regarding reexamining the Policy Committee’s enabling resolution up the list to the #5 position;
Delete the commercial rent control item; and
Add a review of Senate Bill 1439 to the review of Ethics and Conflict of Interest Policies item.
3. Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04: Town Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum, and the Commissioner Handbook.
Laurel Prevetti, Town Manager, and Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
Karen Delaney commented that in 2018, she asked the Committee to revise the Code of Conduct, requested that a third party be brought in to investigate violations, and said that the policy should meet or exceed best practices.
Lee Quintana commented that the Code of Conduct policy should be clarified with definitions of minor and major infractions, minor infractions should be handled privately, there should be appropriate actions for varying degrees of major infractions, a third party should investigate major infractions, and the subject of a violation should be treated as an appellant.
Susan Burnett commented that errors in judgment should be defined and that many minor errors should be considered a major error. She commented that errors should be documented as to how they should be handled and that censures should be specified as written or verbal.
Closed Public Comment.
PAGE 3 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of February 28, 2023 DATE: March 28, 2023
After discussion, the Committee asked staff to return to the Committee with a revised Code of Conduct Policy that includes: a fair process for discipline of varying degrees, specific definitions/examples, clear enforcement direction, a process for the subject of a violation to be able to present facts to the Council, clarification regarding speaking on behalf of a Commission versus as an individual, use of a third party to review major violations, and other adjustments.
The Committee asked that staff consolidate disciplinary items to the Code of Conduct and remove similar guidance from the other policies.
ADJOURNMENT
The meeting adjourned at 6:32 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
February 28, 2023 meeting as approved by the
Town Council Policy Committee.
Holly Young, Senior Management Analyst
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 03/28/2023
ITEM NO: 2
DATE: March 22, 2023
TO: Council Policy Committee
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Discuss Proposed Changes to Council Code of Conduct Policy, and Commission Appointments, Residency and Attendance Requirements and Establishing a Quorum Policy
RECOMMENDATION:
Discuss proposed changes to Town Council Policy 2-04, the “Code of Conduct” as well as potential changes to Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements and Establishing a Quorum” and provide direction to staff.
BACKGROUND:
At its February meeting, the Policy Committee discussed potential modifications to Town Council Policy 2-04, “Code of Conduct.” The Committee preferred that all guidance pertaining to discipline of Commissioners be contained in a single policy.
DISCUSSION:
The Policy Committee’s discussion focused on Town Council Policy 2-04, “Code of Conduct.” Specifically, the Policy Committee discussed:
1) Clarifying that the Code of Conduct applies to members of Town Boards, Commissions, and Committees in addition to Town Councilmembers;
2) Potentially changing the current composition of the Evaluation Committee to consist primarily of elected officials;
3) Providing examples of what will constitute major and minor violations of the Code of Conduct;
4) In the event that a public hearing is held regarding recommended discipline, providing the subject of the complaint with ten minutes to make an introductory statement and five minutes at the end of the public hearing to make an additional statement. 5) Specifying that censure consists of a written statement.
PAGE 2 OF 3
SUBJECT: Proposed Changes to Council Code of Conduct Policy and Related Policies DATE: March 22, 2023
DISCUSSION (continued):
Staff has the following additional questions for the Policy Committee’s consideration:
1) Several sections of the existing policy are unrelated to “conduct.” These are sections pertaining to: the Mayoral and Vice Mayoral Selection Process and Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships. Does the Policy Committee recommend that these topics move to separate policies?
2) The Section titled “Maintaining Civility at Council Meetings” duplicates language in the Council’s “Agenda Format and Rules Policy.” Does the Policy Committee recommend removing this Section from the “Code of Conduct Policy?” 3) A subsection regarding “Training” lists the type of training that will be provided. Should this section be revised to state that members of legislative bodies are required to attend training that is provided in the listed subject areas?
4) The Code of Conduct Policy currently provides that investigations will be conducted by contract attorneys. Does the Policy Committee recommend using contract attorneys or non-lawyer investigators or either?
5) Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements and Establishing a Quorum” currently provides that Commissioners may be removed by a majority vote of the Town Council for violations of the Code of Conduct. Other jurisdictions have policies providing that Commissioners may be removed by a majority vote of the Town Council for any or no reason. Does the Policy Committee recommend revising Policy 2-11 to provide that Commissioners may be removed by majority vote of the Town Council for any or no reason? Alternatively, this Policy could be modified to refer matters of discipline and removal to the Code of Conduct Policy.
CONCLUSION:
Based on the Policy Committee’s feedback, staff will make additional proposed edits to the Code of Conduct Policy and conforming edits to any other affected Policies and the Commissioner Handbook and either return to the Policy Committee or schedule the revisions for consideration by the Town Council.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
Potential modifications to Council Policies and the Commissioner Handbook have no fiscal impact.
PAGE 3 OF 3
SUBJECT: Proposed Changes to Council Code of Conduct Policy and Related Policies DATE: March 22, 2023
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined in the California Environmental Quality Act, and no further action is required.
Attachment:
1. Redline of Council Code of Conduct Policy
ATTACHMENT 1 Page 9 Page 84
Reviewed by: Town Attorney and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 03/28/2023
ITEM NO: 3
DATE: March 23, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Recommend Legislative Priorities to the Town Council RECOMMENDATION:
Recommend legislative priorities to the Town Council.
BACKGROUND:
In 2016, the Town Council adopted Council Policy #2-18: Legislative Policy (Attachment 1). This Policy sets forth the procedures for engagement in the legislative process and the types of issues that are appropriate for the Town to state a position.
Last year, the Policy Committee requested that staff prepare a list of potential legislative priorities for the Committee to discuss and forward to the Town Council. Due to other workload, this item was not completed in 2022 and carried over to the 2023 Policy Committee work plan. These priorities are intended to be helpful to Town Council members as they engage in discussions with State legislators and as the Town considers which bills it chooses to endorse, oppose, or recommend amendments.
DISCUSSION:
Consistent with the Legislative Policy, the following draft legislative priorities align with proposals that clearly impact our Town and funding resources:
Concealed Weapons: In light of the recent Supreme Court ruling, the Town should advocate for legislation that clarifies the concealed carry weapons process and protects sensitive places from the presence of concealed weapons. Senate Bill (SB) 2 is an example of a such a bill. The Town is currently working to update its concealed carry weapons ordinance and a draft sensitive places ordinance.
PAGE 2 OF 2
SUBJECT: Recommend Legislative Priorities to the Town Council DATE: March 23, 2023
DISCUSSION (continued):
Clarifications regarding SB 9: The Town may want to advocate for legislation that clarifies SB lot splits and developments in Very High Fire Hazard Severity Zones, affordability requirements, and the attestation of intent to occupy. Reform of Proposition 47 and 57: Several bills are expected to address the unintended consequences of these ballot measures For example, AB 1708 would increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming.
Protect Vehicle License Fee (VLF) and Educational Revenue Augmentation Fund (ERAF):
As the State considers how it will address expected budget shortfalls, it is critical that the State not take funding from local government. In the past, these two funding sources have been redirected to the State for its own budgeting purposes. Internet Sales Tax: With the exception of our Measure G district sales tax, internet sales tax goes into a pool and is distributed based on a jurisdiction’s share of the overall sales tax collected in the respective County. In contrast, the Measure G district sales tax is distributed based on the buyer’s location, yielding higher revenue for the Town. Changes to the general distribution of sales tax would benefit Los Gatos.
CONCLUSION:
The Committee is encouraged to discuss these and other potential priorities.
COORDINATION:
The preparation of this report was coordinated with all Town Department Directors and the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with recommending legislative priorities to the Town Council.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Council Policy #2-18: Legislative Policy
Title: Legislative Policy
Date: 10/ 5/ 16
Enabling Actions: 11evi ate:
Policy Number: 2 -18
Pages: 3
PURPOSE
The purposes of the Legislative Policy are to: identify opportunities for the Town to participate in state, federal, and regional legislation and other policy matters, and describe a process for Town positions, actions, and related activities.
BACKGROUND
Council Members have the opportunity to learn of legislative issues from their work on the Council, general awareness of current topics, and their service on other Board and Committees as representatives ofthe Town. The Town Manager encourages all Town Departments to monitor and be knowledgeable of any legislative issues related to their disciplines. The Town Manager and Town Attorney similarly stay engaged with their professions as well as monitor the activities of the League of California Cities and other organizations. The Town benefits from a Legislative Policy to articulate overarching legislative principles to guide the Town' s engagement in the legislative process as outlined in this Policy.
LEGISLATIVE PRINCIPLES
The Town should take a position and advocate for the position when proposed federal, state, County, or other agency legislative or measure has a potential direct impact on the Town.
Direct impact includes and is not limited to issues of local control, revenue reductions, grant eligibility, unfunded mandates and regulatory burdens.
POLICY GOALS
1. Advocate the Town' s legislative interests at the federal, state, regional, and County levels.
2. Inform and provide information to our legislators, Town Council, and staff on the key issues and legislation that could have potential impact on the Town.
3. Serve as an active participant with other local governments, the League of California Cities, local profession organizations, and /or other entities on legislative /regulatory issues that are important to the Town and our region.
4. Seek grant and funding assistance for Town projects, services, and programs to enhance services for our community.
Page: Policy Number:
Title: Legislative Policy 2 of 3 2 -18
LEGISLATIVE STRATEGIES
1. Communicate legislative positions on proposed federal, state, and County legislation, measures, initiatives, and governmental regulations.
2. Work with Town Departments to develop positions on proposed federal and state legislative measures based on analysis done by the League of California Cities, communication with legislators' offices, and other local government / professional associations in formulating our positions.
3. Take positions only on proposals that clearly impact our Town or are a threat to local control.
4. Actively track key bills through the legislative process, utilizing various legislative websites, government / professional associations, and other means.
5. Communicate the Town' s position to our federal, state, regional, and County members, bill author( s), Committees, and /or other governmental bodies through correspondence, testimony, and in- person meetings.
6. Work cooperatively with other cities, associations and the League of California Cities on advocating our legislative positions.
7. As necessary, participate in the drafting and amending of proposed federal, state, regional, and /or County measures that have the potential to significantly impact the Town.
8. Meet with legislators and their representatives, as well as other federal, state, regional, and /or County government officials on a regular basis to discuss local government issues, proposed legislation, requests for funding assistance, and Town programs and services.
9. Seek federal, state, and County funding through earmarks, grants, and other discretionary funding for Town projects, services, and programs.
10. Annually identify Town projects for potential submittal for federal earmark consideration and develop a submittal packet for legislators that provides information and need for the projects.
11. Provide information to Town Departments on potential grant funding opportunities and recognition programs.
12. Advocate and request letters of support for Town projects and grant applications or other resources that are being considered for federal, state, regional, and/ or County funding.
LEGISLATIVE POSITION PROCESS
The process for responding to legislative proposals is as follows:
1. Once the Town Manager and /or Town Attorney determines that a legislative proposal may impact the Town, a letter outlining the Town' s position ( support, neutral or oppose) will be drafted for the Mayor' s signature.
2. The Town Manager will circulate the draft position letter to the Town Council for review.
3. Ifthere is Council objection, the position letter will be placed on the next Town Council agenda for consideration.
Page: Policy Number:
Title: Legislative Policy 3 of 3 1 2 -18
4. Ifthere is no objection, staff will finalize the position letter for the Mayor' s signature and forward the signed letter to the bill' s author, the League of California Cities, and other stakeholders as deemed appropriate.
5. A copy of the final letter will be distributed to the Town Council.
APPROVED AS TO FORM:
Robert Schultz, T w Attorney
Attachment 6
Summary of Code of Conduct Provisions from Other County of Santa Clara Jurisdictions City of Campbell
Code of Conduct focuses on conflicts of interest and requires recusal for perceived conflicts of interest
Provides that any Board or Commission member may be removed by majority vote of Council
City of Cupertino
Has adopted an Ethics Policy
o Provides that Board and Commission members may be removed by a majority vote of the Council
City of Gilroy
Has adopted City Council Norms – does not contain discipline procedures City of Los Altos
Separate policy regarding admonition and censure
Applies to City Council only
Requires two violations of law or policy and a warning prior to censure Censure adopted by resolution
Three or more Councilmembers may place discipline or removal of a Board or Commission member on a Town Council agenda
City of Mountain View
Board and Commission conduct addressed in one chapter of Council Code of Conduct Board or Commission member subject to removal by 4/5 vote of Council City of San Jose
Joint Council/Commission Code of Conduct – focus on avoiding perceived conflicts of interest
Council Conduct Policy
o Council may initiate an investigation of allegations
o Provides for remedies of admonition, sanction, and censure
Attachment 6
City of Saratoga
Adopted Resolution Establishing a Code of Ethics
o Aspirational statements
o No discipline procedures
City of Sunnyvale
Separate policy for Board and Commission members
Counseling, verbal reprimands, and written warnings given by Mayor privately Censure imposed by a majority of the City Council publicly Board or Commission member can be removed by 4/5 vote of Council for enumerated reasons