REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Discussion and Possible Action on Updates to Council Policy 042 ("Reconsideration of Council Action")
Report
BACKGROUND
The stated purpose of Council Policy 042 titled “Reconsideration of Council Action” is to establish a clear and effective process for members of the City Council and the public to request reconsideration of a Council action. The current policy was last revised on October 27, 2020, by Resolution No. 20-8896 (Attachment A).
The Governance and Ethics Committee members have referred this policy for further discussion and review, including consideration and clarification of the definition of a “prevailing party”. As part of the Committee referral, this item is on the agenda for review and discussion.
DISCUSSION
The following is a summary of the notable provisions of the current Council Policy 042 ("Reconsideration of Council Action"):
Request/Motion for Reconsideration
1. A request for reconsideration may be made by any person at the same meeting at which the action was taken (including an adjourned or continued meeting), at the next regular meeting of the City Council, or at any intervening special meeting of the City Council.
2. The person making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments.
3. A motion to reconsider an action taken by the City Council can be made only by a Councilmember who voted on the prevailing side, but may be seconded by any Councilmember, and is debatable. At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion.
4. The motion must be approved by a majority vote of the entire City Council. Four votes (majority of the seven-seat Council) are required for the motion to carry.
Reconsideration of Any Council Action
1. A motion to reconsider an action taken by the City Council must be made at the same meeting at which the action was taken (including an adjourned or continued meeting), at the next regular meeting of the City Council, or at any intervening special meeting of the City Council.
2. If an intent to make a motion for reconsideration is communicated to the Mayor or City Manager by any Councilmember who voted on the prevailing side prior to the state law deadline for posting the City Council meeting agenda, then the item shall appear as a possible reconsideration on the posted agenda for the next regular meeting or intervening special meeting. Otherwise, no City Council discussion or action on a possible reconsideration may occur unless the item is appropriately added to the agenda pursuant to Government Code Section 54954.2(b), which addresses adding items that are not listed on a posted agenda.
Effect of Approval of Motion
1. Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.
2. If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.
3. If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with the Government Code, the City Code and Santa Clara agenda rules and procedures.
4. The Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
Possible issues/updates to the policy to discuss/consider include:
1. Add a clear definition of “prevailing party” in various circumstances
2. Eliminate redundant language
3. Add clarity to process/requirements for taking up a motion for reconsideration at a future Council meeting.
4. Must the decision on a reconsideration be limited to consideration of only new evidence or facts not presented previously with regard to the item, or a claim of error in applying the facts.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact with this report other than administrative staff time.
COORDINATION
This report was coordinated with the City Manager’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Discuss and provide direction to staff on any proposed modifications to Council Policy 042 (“Reconsideration of Council Action”)
Staff
Reviewed by: Maria Le, Assistant to the City Manager
Approved by: Jōvan D. Grogan, City Manager and Glen R. Googins, City Attorney
ATTACHMENTS
1. Council Policy 042 (“Reconsideration of Council Action”)