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File #: 19-1383    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 11/21/2019 In control: Council and Authorities Concurrent Meeting
On agenda: 12/3/2019 Final action:
Title: Discussion and Possible Action on Report from City Attorney on Taking Action by Council Consensus
Attachments: 1. Council Policy 030 - Adding an Item on the Agenda
REPORT TO COUNCIL
SUBJECT
Title
Discussion and Possible Action on Report from City Attorney on Taking Action by Council Consensus

Report
BACKGROUND
At the Governance and Ethics Committee (Committee) meeting held on October 24, 2019, the Committee discussed potentially updating Council Policy 030 entitled "Adding an Item on the Agenda" (Attachment 1). During the discussion, the Committee inquired about the process to have an item placed on the agenda, as well as to have that item worked on and acted on. The Committee also asked for clarification on whether the City Council could refer an item to a future City Council meeting by Council consensus or by a majority vote of the City Council. The Committee requested that the City Attorney report back on the definition of "Council consensus" and what action the City Council can take by "Council consensus" versus by a majority vote of the City Council.

This item was referred from the November 21, 2019 Governance and Ethics Committee meeting to the December 3, 2019 City Council Special meeting for discussion.

DISCUSSION
Council Policy 030 "Adding an Item on the Agenda" addresses the various ways in which an item can be added to a Council meeting agenda by the Mayor or a Council Member. In the scenario where an issue is raised during Public Presentations by a member of the public, the Council Policy states that either the Mayor or a "consensus of the City Council" can refer the issue to the City Manager for inclusion on a future agenda. If an issue is raised by Written Petition to Council, then a "simple majority vote" can place the item on a future agenda for discussion. The Policy does not contain a definition of the term "consensus."

There is no process under the Brown Act that refers to a legislative body taking action by consensus. However, the Brown Act specifically allows a legislative body to take the following actions in response to an item that is not on the agenda:

Furthermore, a member of a legislative...

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