11. Reconsideration
a. A matter acted upon by a majority of the members voting may be reconsidered upon motion of a person who voted on the prevailing side.
b. Any member of the body may second a motion to reconsider. c. A motion to reconsider a matter must be made at the meeting where the matter was f
irst voted on or at the next regular or adjourned regular meeting. A motion made later is untimely.
d. After the deadline for seeking reconsideration has passed, a matter acted upon by the body shall not be placed on the agenda again for consideration within one year unless facts or circumstances relied upon during the prior decision have materially changed. A council member may not offer an untimely motion to reconsider simply because their position on an issue changed after the prior decision; they must demonstrate that facts and circumstances have materially changed.
For example, the Council or staff may have received new information that, had it been known at the time, could have materially impacted the prior Council discussion or decision. Other material changes may include errors in the original meeting materials, substantial new or updated data/information learned after the meeting, or material changes in state, federal, judicial, or other applicable legal or policy landscapes.
In such cases, a motion for reconsideration must be sponsored by two or more Councilmembers, at least one of whom voted on the prevailing side. The sponsoring Councilmember(s) shall confer with the City Manager and City Attorney prior to offering an untimely motion to reconsider.
e. If a motion for reconsideration passes, the matter originally acted upon shall be placed back before the Council and a new main motion shall be in order. The matter may be discussed and debated immediately after the motion passes if all Councilmembers who originally voted on the matter are present and the requirements of the Ralph M. Brown Act have been met. If all members are not present or Brown Act noticing is required, the matter shall be placed on a subsequent agenda for consideration. f. Matters for which finality is required as a matter of law shall not be reconsidered.
Attachment 2