Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
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DISCUSSION ABOUT AND POTENTIAL MODIFICATION OF CITY COUNCIL POLICY 1201-11, SPECIFICALLY SECTIONS 4.5.4 AND 4.5.6 RELATING TO PLACEMENT OF ITEMS ON THE CITY COUNCIL MEETING AGENDA BY MEMBERS OF THE CITY COUNCIL AND RECONSIDERATION OF PREVIOUS ACTIONS OF THE CITY COUNCIL - UPDATED AND MODIFIED CONSISTENT WITH CITY COUNCIL DIRECTION ON OCTOBER 7, 2025
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Fiscal Impact:
There are no direct fiscal impacts associated with this action.
Summary:
The preparation of an agenda for the meetings of the City Council is more than just a mechanism to maintain order and decorum in the meeting, it is a fundamental requirement of the Ralph M. Brown Act (Brown Act). The City Council can only act on items that have been properly noticed and placed on the meeting agenda (with very limited exceptions). This ensures that members of the public are aware of actions being considered by the City Council and have the opportunity to participate in the proceedings.
An important element of creating the agenda for each meeting of the City Council is the method by which items can be placed on the agenda. At the current time, the City Manager is tasked with placing all items on the agenda from an operational standpoint. In accordance with City Council Policy 1201-11, Section 4.5.4, Councilmembers are allowed to place items on the agenda with the support of other members of the City Council. If at least one additional Councilmember supports the verbal request of a Councilmember to place an item on the agenda, the item will appear on the appropriate agenda. If a staff report is desired, at least three members of the City Council must concur with the request.
By nature, members of the City Council are inquisitive about the proposed item before agreeing to support placement on the agenda. On occasion, discussion regarding the proposed item is desired but there has not been public notice or participation. In order to ensure transparency and adherence with the provisions of the Brown Act, staff was asked to review practices from other municipalities and propose a method of placing items on the agenda that would avoid discussion of items not on the agenda, yet give the members of the City Council the ability to discuss the item prior to placement on a future agenda.
On October 7, 2025, the City Council discussed the process of placing items on the City Council agenda and wanted to ensure that the ability of a minority (2 members) of the City Council could place an item on the agenda, at least for further discussion. Staff was directed to provide updated options for consideration by the City Council to make sure that element of the agenda setting process is preserved.
Another item included in this report for clarification is an update of City Council Policy 1201-11, Section 4.5.6 related to reconsideration of previous actions of the City Council.
Background:
Staff conducted research and concluded there are a variety of methods used to place items on the City Council agenda. With the goals of transparency and adherence with the Brown Act in mind, staff has identified a method that will allow each member of the City Council to have potential agenda items considered and for the members of the City Council to have a short discussion, strictly to explain the intent of the item, prior to placement on a future agenda. Of course, the City Council may modify or reject the proposal of staff as it is intended to provide a framework for discussion by the City Council and this is a matter within the City Council’s discretion.
Staff proposes any member of the City Council may request placement of one or more items on a future City Council agenda by submitting a short description of the topic to the City Manager prior to the normal close of business one week prior to the meeting. Upon receipt of a request, the City Manager will determine if the request can be addressed administratively by staff, if the item needs to be heard in Closed Session, or if direction from the City Council is necessary. If direction of the City Council is necessary, the City Manager may consult with the City Attorney to ensure all provisions of the Brown Act are satisfied. If the Councilmember request includes the need for a staff report, the item shall be primarily associated with issues that directly impact the finances, property, authority, policies, or interest of the City of San Clemente or its residents.
If the item cannot be addressed administratively, the City Manager will place the item on the Consent Agenda of the next meeting of the City Council under the heading: “City Councilmember Requests for Future Items.” Requests received after the deadline will be placed on the next available Consent Agenda. The Consent Agenda item will include the request of the Councilmember, whether a staff report is necessary, the anticipated amount of time necessary to properly prepare the item for consideration by the City Council, and any other relevant details that can be shared in a brief manner.
If the Consent Agenda item passes without further discussion by the City Council, the item will be placed on an appropriate future agenda and a staff report will be included if identified in the request. If the item is removed from the Consent Agenda and supported by two members of the City Council, the item will be placed on a future agenda for discussion. If the item is supported by a majority of the City Council, a staff report will be prepared for the item, which will be placed on an appropriate future agenda of the City Council. Items that do not receive support from at least two members of the City Council will not be placed on a future agenda of the City Council. If the City Council does not desire to have a written staff report prepared, a report will not be prepared although the item may still be placed on a future agenda for consideration.
The benefits of this proposed process are primarily compliance with the Brown Act and improving transparency and public participation. However, additional key benefits include: 1) if the item is removed from the Consent Agenda for discussion, the members of the City Council can engage in a short discussion about the merits of placing the item on a future agenda (these discussions should be brief and focus on whether additional consideration is warranted, not the potential outcomes of City Council action) and, 2) the City Manager can provide realistic timeframes for preparing the item for consideration.
One item that is not included in the proposed process for placement of items on the agenda by members of the City Council is the placement of Special Presentations on the agenda. This has traditionally been the privilege of the Mayor and typically does not require action by the City Council. If an item of recognition is desired by a member of the City Council, that does not require action by the City Council, the member should contact the Mayor directly and request the placement of a Special Presentation on the agenda. If the Mayor refuses the request, the member of the City Council may incorporate the new procedure for placing an item on the agenda to determine if the City Council is in support of the item.
Of note, a separate clarification item is also being proposed by staff. Section 4.5.6 of City Council Policy 1201-11 addresses the process for reconsideration of a previous action taken by the City Council. Staff is recommending the addition of language that a motion to reconsider a previous action of the City Council must be made prior to the approval of the meeting minutes for which the action was taken.
Council Options:
The proposed modifications to City Council Policy 1201-11 were prepared to provide information for discussion by the City Council, and potential modification of the City Council Policy. Therefore, it is critical to note that any provision of the proposal is open to amendment by the City Council. Therefore, the potential options of the City Council include:
• Approval of the proposed modifications to City Council Policy 1201-11.
• Amendment and approval of the proposed modifications of City Council Policy 1201-11.
• Continuation of the item with direction to staff to conduct additional review of the item and present additional information to the City Council for consideration.
• Denial of all modifications to City Council Policy 1201-11 with direction to continue to place items on the agenda and reconsider previous actions of the City Council utilizing the current processes.
Environmental Review/Analysis:
This action is not a project as defined in the California Environmental Quality Act (CEQA).
Recommended Actions:
Staff Recommendation
recommendation
Staff recommends modification to City Council Policy 1201-11 regarding placement of items on the City Council agenda to avoid discussion of items that are not on the current agenda and to allow members of the City Council to have a short discussion about future agenda items before they are placed on the agenda, and clarification of the process to reconsider previous actions of the City Council.
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Attachment:
1. City Council Policy 1201-11 with proposed mark-ups, including City Council direction provided on October 7, 2025
Notification:
None.