HomeMy WebLinkAboutTC Agd Pkt 2022-03-16
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Tiburon Town Council
March 16, 2022
Special Meeting – 4:00 P.M.
Regular Meeting – 5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), the Town Council meeting will not be physically
open to the public and all Council Members will be teleconferencing into the meeting. To maximize
public safety while still maintaining transparency and public access, members of the public can access
the meeting by following the meeting live at:
Audio/Video Webinar: https://us06web.zoom.us/j/83053497350
Webinar ID: 830 5349 7350
Call-in Number: 1 669 900 6833
Access Code: 830 5349 7350
Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s
website and to this agenda.
Members of the public may provide public comment by sending comments to the Town Clerk by email at
comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be
distributed electronically to the Town Council and posted on the Town’s website. Comments received
after the start time of the Council meeting, but prior to the close of public comment period for an item,
will then be read into the record, with a maximum allowance of 3 minutes per individual comment,
subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500
words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after
the agenda item is heard but before the close of the meeting, the comment will still be included as a part
of the record of the meeting but will not be read into the record.
Any member of the public who needs accommodations should email or call the Town Clerk who will use
their best efforts to provide reasonable accommodations to provide as much accessibility as possible
while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable
accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at
www.townoftiburon.org.
SPECIAL MEETING – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor
Welner
CLOSED SESSION
1. Public Employee Performance Review: Government Code Section 34957
Title: Town Manager
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor
Welner
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council, public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. Town Council Minutes – Adopt minutes for the March 2, 2022 Town Council special and
regular meetings (Department of Administrative Services)
CC-2. Town Council Minutes – Adopt minutes for the March 9, 2022 Town Council special meeting
(Department of Administrative Services)
CC-3. Investment Summary – Adopt investment summary for month ending January 31, 2022
(Department of Administrative Services)
CC-4. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate
virtual board meetings in accordance with AB 361 (Department of Administrative Services)
ACTION ITEMS
AI-1. General Plan Budget Amendments – Consider approval of amendments to the General Plan
consultant services to (1) Prepare a Sustainability Element, (2) Manage the Diversity Element
compilation, and (3) Provide additional services to complete the Housing Element, and
authorization of budget amendments in the amount of $224,933 to fund the work (Community
Development Department)
AI-2. ReadySet Human Resources Consulting – Consider authorization of the Town Manager to
execute a contract with ReadySet Human Resources consulting and authorization of a budget
amendment in the amount of $66,000 to fund the work (Department of Administrative Services)
AI-3. Statement on Anti-Semitism – Consider approval of the Town Council’s statement against hate
and anti-Semitism (Diversity Inclusion Task Force)
AI-4. Ukraine Conflict – Consider adoption of a resolution in support of the people and country of
Ukraine and directing staff to fly the Ukrainian national flag on Town facilities (Department of
Administrative Services)
PUBLIC HEARINGS
PH-1. Municipal Code Amendments – Consider Municipal Code text amendments to Chapter 15
(View and Sunlight Obstruction from Trees) of the Tiburon Municipal Code related to view
dispute resolution – Introduction and first reading of ordinance (Community Development
Department)
DISCUSSION ITEMS
DI-1. Town Council Rules and Protocols – Discuss development of a Town Council Rules and
Protocols manual (Department of Administrative Services)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government
Code Section 54956.9: (One potential case)
Claims filed by Yema Khalif and Hawi Awash on January 25, 2021 on file with the Town Clerk’s
Office
ANNOUCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town’s website,
www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
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Tiburon Town Council Minutes #05-2022 DRAFT March 2, 2022
TOWN COUNCIL SPECIAL & REGULAR MEETING
DRAFT MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to
be included in the public record for the meeting.
SPECIAL MEETING – 4:00 P.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on
Wednesday, March 2, 2022.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan,
Mayor Welner
CLOSED SESSION
1.Public Employee Performance Review: Government Code Section 34957
Title: Town Manager
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
Mayor Welner called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, March 2, 2022.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Community Development Tasini, Chief
of Police Monaghan, Director of Administrative Services Creekmore, Town Clerk Stefani
ORAL COMMUNICATIONS
Lorraine Gemigniani, Carol Korenbrot, Lynn Feinerman, Eva Chrisante, and Bronia Hill all spoke about the recent distribution of anti-Semitic flyers to residents in Tiburon, expressed DR
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Tiburon Town Council Minutes #05-2022 DRAFT March 2, 2022
support for the local Jewish community and requested the Town Council to make a public statement in condemnation of the flyers and spread of hate in the community.
David Barker asked the Council to issue a commendation to honor and thank the Marin County Department of Public Health and the Public Health Officers for their guidance through the COVID-19 public health crisis.
INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• Kevin Smith, Planning Commission
• Peter Dempsey, Parks, Open Space and Trails Commission CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for February 14, 2022 Town Council special meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for February 16, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Vacancies on Town Boards & Commissions – Announce special vacancy on the
Belvedere-Tiburon Joint Recreation (“The Ranch”) Committee (Department of Administrative Services) MOTION: To adopt Consent Calendar Items No. 1-3, as written. Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ACTION ITEMS AI-1. Resolution – Consider adoption of a resolution that would establish the practice that the
Town Council have the opportunity to interview top department head candidates (Department of Administrative Services) MOTION: To adopt the Resolution, as written. Moved: Fredericks, seconded by Welner
MOTION: To adopt the Resolution, as amended, to update the third stanza to read as “…in the event of an active Department Head recruitment process, or promotion, the Town Council members will…”. Moved: Thier, seconded by Griffin
VOTE: AYES: Griffin, Ryan, Thier, Welner NAYS: Fredericks DR
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Tiburon Town Council Minutes #05-2022 DRAFT March 2, 2022
AI-2. Town Council Committee Appointments – Consider making one or two appointments to the Marin County Council of Mayors and Councilmembers City/County Services
Subcommittee (Department of Administrative Services) No action taken. AI-3. Appointments to Town Boards & Commissions – Consider reappointments of
commissioners whose terms have expired or new appointments to the Planning
Commission, Parks, Open Space and Trails Commission, and the Heritage & Arts Commission (Department of Administrative Services) MOTION: To reappoint Kathleen Defever and Eric Woodward to the Planning Commission
to new 4-year terms.
Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner MOTION: To reappoint Isaac Nikfar to a new 4-year term on the Parks, Open Space and
Trails Commission and to appoint Liz Judge to the Parks, Open Space and Trails
Commission to a 4-year term. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
MOTION: To reappoint Fran Hall, Azita de Mujica, and Jaleh Etemad to the Heritage & Arts
Commission to new 4-year terms. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
MOTION: To appoint Arjun Gupta to the Heritage & Arts Commission.
Moved: Fredericks, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner Councilmember Fredericks requested future agenda include items to consider reevaluation the
Town’s appointment process to require the Council to reinterview incumbents after a certain
number of terms and to increase the number of members on the Heritage & Arts Commission. AI-4. Automatic License Plate Reader System Expansion – Consider proposal and budget amendment in the amount of $60,500 to authorize the purchase of additional automatic
license plate reader cameras (Office of the Town Manager)
MOTION: To approve a budget amendment in the amount of $60,500 to fund the purchase of additional automatic license plate reader cameras. Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner DISCUSSION ITEMS
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Tiburon Town Council Minutes #05-2022 DRAFT March 2, 2022
DI-1. Municipal Code Amendments – Discuss potential revisions to Chapter 15 of the Tiburon Municipal Code related to trees and view obstruction (Office of the Town
Manager)
Public comment was received by:
• Robert and Wendy Walley, who spoke in support of the proposed amendments and said
the 90-day safe harbor clause would help them.
• Karen Rasmussen, who spoke against the proposed amendments and said the 90-day safe harbor clause would further delay resolution.
• Jim Snipes, who said any amendments should be considered in the context of the whole community and said the 90-day safe harbor clause was creating an undue delay in the process.
• David Barker, who spoke against the proposed amendments, stating that the amendments
need a more thorough evaluation process because it impacts the whole community.
• Daryl DeVinney, who spoke in support of the proposed amendments, stating it was reasonable to ask that complaining parties provide tree claims before mediation to avoid entering costly mediation without any clear definition of the problem.
• Geoff Baylor, who spoke against the proposed amendments, stating the 90-day safe
harbor clause was not appropriate in most scenarios.
• William Seaman, who spoke against the proposed amendments, stating the unclear financial penalties.
• Charlie Rice, who spoke against the proposed amendments.
• Karen Schuler Hill, who spoke against the proposed amendments.
• Lalita Waterman, who spoke in support of the proposed amendments and said the
Reedlands HOA Board of Directors also endorses the revisions. The Council directed staff to return to a future meeting with a draft ordinance amending provisions that would require an initial written letter be sent by the complaining party prior to mediation and that parties could jointly request that the Town pay for one hour of professional
mediation services from a Town-provided list of professional mediators. TOWN COUNCIL REPORTS The Council discussed adding the following items to an upcoming agenda:
• A resolution in support Ukraine during the Russian invasion.
• An ordinance for expediting permitting for charging stations.
• A resolution in opposition to PG&E lowering rates of solar installation reimbursements,
to perhaps be written by the Sustainability Committee. TOWN MANAGER REPORT
There was none.
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Tiburon Town Council Minutes #05-2022 DRAFT March 2, 2022
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner
adjourned the meeting at 8:00 p.m.
JON WELNER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
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Tiburon Town Council Minutes #06-2022 DRAFT March 9, 2022
TOWN COUNCIL SPECIAL MEETING
DRAFT MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to
be included in the public record for the meeting.
SPECIAL MEETING – 4:30 P.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:30 p.m. on
Wednesday, March 9, 2022.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan,
Mayor Welner
CLOSED SESSION
1.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Government Code Section 54956.9: (One potential case)
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
No reportable action.
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 5:00 p.m.
JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK DR
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TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the January 2022 Investment Summary
Reviewed By:
_________
Greg Chanis, Town Manager
n/a ________
Benjamin Stock, Town Attorney
SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended January 31, 2022. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for January 2022
BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town’s investment activities for the monthly period ended January 31,
2022. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS
January 2022
Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) –
Beginning Balance as of 01/01/2022 $24,950,322.10 0.212 % Liquid
Deposits 0.00
Withdrawals 0.00
Interest Earnings (Posted Quarterly) 12,885.13
Total Ending Balance as of 01/31/2022 $24,963,207.23
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: CC-3
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 2
The total invested at the end of the prior month (December 2021) was $24,950,322.10. No deposits or withdrawals were posted during the reporting period. Interest in the amount of $12,885.13 was posted on January 14, 2022 for the quarter ending December 31, 2021.
In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS January 2022 Statement is attached to this report as Exhibit 1.
FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council:
1. Move to accept the Investment Summary for January 2022 Exhibit(s): 1. PARS Section 115 Trust Account Summary for January 2022 Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: AB 361 Teleconference Meetings
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution
that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1).
BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to
allow fully virtual board meetings during a state of emergency. AB 361 amends Government
Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or
local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote, that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of
the state of emergency and 2) that the state of emergency continues to directly impact the ability
of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: CC-4
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 2
The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days.
ANALYSIS No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
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Town Council Resolution No. XX-2022 DRAFT 3/16/2022
DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b)
AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
WHEREAS, the Town Council is committed to ensuring public access to observe and
participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph
M. Brown Act, so that any member of the public may participate in local government meetings;
and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-
proclaimed state of emergency and if the local legislative body determines, by majority vote, that
as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due
to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and
that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-19; and
WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and
WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) and SARS-CoV-2 Omicron Variant (Omicron Variant) are highly transmissible in indoor settings; and
WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are
rising throughout the state; and
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Town Council Resolution No. XX-2022 DRAFT 3/16/2022
WHEREAS, on January 5, 2022, the California Department of Public Health issued
guidance again requiring universal masking indoors and stating that the Omicron Variant is more contagious than early COVID-19 variants and the Delta Variant, and has increased the seven-day average case rate more than sixfold and doubled COVID-19 hospitalization rates; and
WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause,
conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that
were created by the Town Council pursuant to Government Code section 54952(b) (collectively
referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely
participate in and observe local government meetings.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby:
1. Find that Current Conditions Authorize Teleconference Public Meetings of
Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section
54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public
meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The
Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
PASSED AND ADOPTED at a regular meeting of the Town Council on March 16, 2022, by the following vote: AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
JON WELNER, MAYOR TOWN OF TIBURON
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Town Council Resolution No. XX-2022 DRAFT 3/16/2022
ATTEST:
____________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Community Development Department
Subject: Review and Approve Proposed Amendments to the Existing Scope of General Plan Update Consultant Services Provided by O’Rourke & Associates, Related to: Development of a Sustainability Element, Development of a Diversity
Element, and to Provide Additional Services to Complete the Housing Element. If Approved, Authorize a Budget Amendment of $224,933 From the General Fund Operating Reserve Fund. Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Town Council to review and approve the additional work provided by O’Rourke & Associates along with subconsultants to complete the Sustainability Element, Diversity Element and additional Housing Element work and authorize the Town Manager to enter into an amendment to the General Plan Contract between O’Rourke & Associates and the Town of Tiburon to
complete the General Plan Update and Environmental Impact Report and authorize a transfer of funds from the General Fund Operating Reserve Fund. RECOMMENDED ACTION(S)
Staff recommends that the Town Council:
1. Review and approve the proposed amendments to the original contract between O’Rourke & Associates to complete a Sustainability Element, Diversity Element, and additional work to complete the Housing Element and authorize the Town Manager to enter into contact amendments between O’Rourke & Associates and the Town of
Tiburon.
2. Authorize a Budget Amendment in the amount of $224,933, with the source of funds being the General Fund Operating Reserve Fund.
BACKGROUND On August 19, 2020, Town Council approved a contract between O’Rourke & Associates to complete the General Plan Update and Environmental Impact Report. On October 20, 2021, and
October 28, 2021, Town Council directed staff to prepare a proposal to complete a Diversity Element and Sustainability Element for the General Plan Update.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: AI-1
Town Council Meeting March 16,2022
TOWN OF TIBURON PAGE 2 OF 4
Staff has completed the outreach to consultants for completion of the Diversity Element and brought the consultants to the Diversity Inclusion Task Force meeting on March 9, 2022, for their recommendation. On March 9, 2022, the Diversity Inclusion Task Force unanimously recommended Ricardo G. Huerta Nino to complete the Diversity Element.
Since the approval of the contract to complete the General Plan Update, various changes have occurred in respect to completion of the Housing Element, specifically the additional staff and consultant time to analyze sites to determine density and zoning and additional required community outreach to meet all State requirements set forth in the legislation pertaining to Affirmatively Furthering Fair Housing (AFFH). An amended proposal for completion of the
Housing Element has also been included as part of recommendations to amend the budget for the General Plan Update and Environmental Impact Report. ANALYSIS
O’Rourke & Associates has prepared three separate proposals for additional work on the General Plan Update. A more detailed analysis of each amendment is provided below. Sustainability Element
O’Rourke & Associates has provided a proposal to augment the original Professional Services Agreement to include a Sustainability Element to the General Plan Update. Through community outreach, the Sustainability Element will establish development of goals, policies and programs, and a draft document for review by the Planning Commission and later the Town Council for
adoption of the Sustainability Element in January 2023 as part of the General Plan Update
(Exhibit 1). Diversity Element
O’Rourke & Associates will contract with Ricardo G. Huerta Nino to add additional services to
prepare a Diversity & Inclusion Element and conduct Affirmatively Furthering Fair Housing outreach and capacity building to support the Housing Element Update. The subconsultant contract will include six meetings with the Diversity Inclusion Task Force to understand the desired outcomes and to develop the goals, policies, and programs for the Element, conduct a
community workshop, attend open houses and a study session, prepare an administrative draft of
the Diversity and Inclusion Element, for review and recommendation by the Planning Commission and adoption by the Town Council, as part of the final adoption of the General Plan. In addition, the Diversity Element consultant will develop outreach plan to engage underrepresented populations in the development of the Housing Element and incorporate the
feedback into the development of goals, policies, and programs incorporated into the General
Plan Update (Exhibit 2). Housing Element (additional services)
Since the original contract was entered into with O’Rourke & Associates, there have been many
changes in State Law with respect to providing housing opportunities throughout California and how housing elements are evaluated and certified as part of the Housing Element Update process. In general, past housing elements have focused primarily on meeting the Regional Housing
Town Council Meeting March 16,2022
TOWN OF TIBURON PAGE 3 OF 4
Needs Allocation (RHNA) numbers and identifying sites without an in-depth assessment. The RHNA numbers have increased close to eight-fold. Currently, new housing initiatives such as Senate Bill 9 and Accessory Dwelling Unit allowances necessitate a more comprehensive look at the Town’s housing numbers and efforts. The
enactment of new legislation has added additional work on the part of the consultant to complete a housing element that will be accepted by the State and certified. The following list depicts the additional analysis needed to complete the Housing Element: 1. Community Engagement: A community engagement program, reaching out to all
economic segments of the community plus traditionally underrepresented groups. 2. Evaluation of Past Performance: Review of the prior Housing Element to measure progress in implementing policies and programs. 3. Housing Needs Assessment: Examination of demographic, employment and housing trends and conditions and identification of existing and projected housing needs of the
community, with attention paid to special housing needs (e.g., large families, persons with disabilities). 4. Constraints Analysis: Analysis and recommended remedies for existing and potential governmental and nongovernmental barriers to housing development. 5. Housing Sites Inventory: Identification of available sites for housing development or
redevelopment to ensure there is enough land zoned for housing to meet the future need at all income levels as specified by the RHNA. 6. Policies and Programs: Policies and programs to be conducted during the 2023- 2031 planning period to fulfill the identified housing goals and objectives.
This effort to achieve a certified Housing Element will also require a review of current development standards to ensure current zoning and design guidelines will enable development of housing. The consultants as part of the attached contract amendment will draft new development standards and prepare draft ordinances to amend the Municipal Code to incorporate zoning and
developments standard that will support development of housing (Exhibit 3).
FINANCIAL IMPACT The total estimated cost for completing all three planning efforts is $224,933, the breakdown of
costs is as follows:
Proposed Element Costs Sustainability $23,785
Diversity $97,740
Housing $103,408
Total $224,933
Town Council Meeting March 16,2022
TOWN OF TIBURON PAGE 4 OF 4
These expenditures have not previously been budgeted. If the additional work is approved by Council, staff recommends Council also authorize a Budget Amendment in the amount of $224,993, with the source of funds being the General Fund Operating Reserve Fund (GFORF). The June 30, 2021 Audit indicated the GFORF had a balance of $7,459,972, with the adopted Fiscal Year 2022 Budget calling for that figure to remain essentially unchanged. Town Policy
calls for the balance in this fund to be, at a minimum, equal to 25% of the Towns Operating Budget, or approximately $2,750,000. The projected current balance of the GFORF far exceeds the policy directed amount, and although Council has recently approved several other budget amendments with the same source of funds, staff believes there are ample funds available in the GFORF to cover the cost of this Budget Amendment.
With regards to the costs associated with the additional work for the Housing Element ($103,408), staff is in the process of reviewing various active State grant programs associated with housing development, and are hopeful we can earmark some of these grant funds towards this work. However, at the time of the writing of this report, that review was not complete.
Therefore, we are requesting Council fund the entire amount from the General Fund Operating Reserve Fund, and if alternative funding becomes available, excess funds will be returned to the GFORF. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon.
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council: 1. Review and approve the proposed amendments to the original contract between O’Rourke & Associates to complete a Sustainability Element, Diversity Element, and additional work to complete the Housing Element and authorize the Town Manager to enter into contact amendments between O’Rourke & Associates and the Town of Tiburon.
2. Authorize a Budget Amendment in the amount of $224,933, with the source of funds being the General Fund Operating Reserve Fund. Exhibit(s): 1. Sustainability Element prepared by O’Rourke & Associates 2. Diversity Element prepared by Christine O’Rourke & Associates in
association with Ricardo G. Huerta Nino 3. Housing Element prepared by Christine O’Rourke & Associates Prepared By: Dina Tasini, Director of Community Development
EXHIBIT 1
Proposal for Additional Consulting
Services to Update the
Tiburon General Plan:
Sustainability Element
December 8, 2021
Christine O’Rourke, Principal
O’Rourke & Associates
20 Nunes Drive
Novato, CA 94945
christine.o@comcast.net
Exhibit 1
2
PROJECT O VERVIEW
O’Rourke & Associates is pleased to submit this proposal for additional services to update the Tiburon General
Plan. The proposal augments the original Professional Services Agreement for the Town of Tiburon General Plan
Update and Environmental Impact Report, dated September 10, 2020, by adding additional services to prepare a
Sustainability Element.
As the prime consultant, O’Rourke & Associates will contract with all subconsultants necessary to complete the
project. The project team includes Bob Brown, principal of Sustainable Community Planning, and WRT, LLC.
WORK PLAN
Our work plan includes the following tasks. All other tasks associated with conducting community outreach and
adopting the element after the public review draft Sustainability Element is prepared are included in the original
scope of work to prepare the General Plan Update.
TASK 1 PROJECT MANAGEMENT AND MEETINGS
O’Rourke & Associates principal, Christine O’Rourke, will be the dedicated project manager for the project. The
Project Manager will conduct project check-ins every two weeks with key Town staff to review progress and
deadlines, track work tasks and products, resolve issues, and identify next steps. The Project Manager will
prepare a status report and project schedule in advance of each check-in.
TASK 2 COMMUNITY WORKSHOP
O’Rourke & Associates will develop and conduct a community workshop to introduce the draft Climate Action
Plan (CAP) update and gather community feedback on the draft CAP and on goals, policies, and programs to
include in the Sustainability Element. Bob Brown and WRT will assist in workshop facilitation, and it is assumed
that Town staff will act as additional facilitators as needed. The task includes 1) preparation of a slide
presentation, 2) updating the website to include a workshop webpage and survey, and 3) materials to promote
the workshop (Tiburon Talk article, email notification, and text for social media posts). Results from the
workshop and website surveys will be tabulated and included in a workshop summary. Related materials,
including the presentation slides and workshop video, will be posted to the website after the workshop
concludes.
TASK 3 DEVELOP GOALS, POLICIES AND PROGRAMS
The consultant team will use feedback received from the public engagement process to draft goals, policies, and
programs for the Sustainability Element and revise the draft CAP. Draft policies and programs will address new
state laws and emerging issues. Policies will be written clearly and broadly enough to provide effective direction
to staff and decision makers, and programs will be selected that can realistically be achieved through the life of
the general plan given fiscal and resource constraints.
3
TASK 4 DRAFT TEXT FOR THE SUSTAINABILITY ELEMENT
O’Rourke will prepare an Administrative Draft Sustainability Element for review by Town staff. We will write in
simple, clear, and engaging language that is geared for a broad audience. While the Plan will contain all
information required by state law, background and technical information will be included as appendices.
TASK 5 STUDY SESSION
The consultant team with facilitate a study session with the Planning Commission to review the draft
Sustainability goals, policies, and programs and the draft Climate Action Plan. The task includes preparation of a
slide presentation and revising the CAP and goals, policies and programs based on Planning Commission
feedback.
SCHEDULE
The schedule for preparing the Sustainability Element is intended to integrate with the overall General Plan
Update schedule. Proposed schedule milestones are as follows:
December 2021: Town staf completes their review of the draft CAP and provides feedback to O’Rourke.
January 2022: Community Workshop
March 2022: Administrative Draft Sustainability Element and revised draft CAP
July 2022: Study session with the Planning Commission to review Draft Sustainability goals, policies, and
programs and Draft CAP
January 2023: Adopt Sustainability Element with the updated General Plan
4
COST P ROPOSAL
Our Cost Proposal includes all personnel and direct costs for the prime consultant and subconsultants for the
tasks included in this proposal. Additional meetings not included in the scope of work will be billed at the
consultants’ hourly rates.
O'Rourke
(hours at $145/hour)
SCP
(hours at $145/ hour) WRT TOTAL COST
Task 1: Project Management and Meetings 16 $2,320
Task 2: Community Workshop 65 6 $1,890 $12,185
Task 3: Develop Goals, Policies and Programs 8 25 $4,785
Task 4: Draft Text for Element 16 $2,320
Task 5: Study Session 10 5 $2,175
TOTAL 115 36 $1,890 $23,785
EXHIBIT 2
Proposal for Additional Consulting
Services to Update the
Tiburon General Plan:
Diversity & Inclusion
Element and Housing
Element Outreach
February 23, 2022
Christine O’Rourke, Principal
O’Rourke & Associates
20 Nunes Drive
Novato, CA 94945
christine.o@comcast.net
In association with
Ricardo G. Huerta Niño
Exhibit 2
1
PROJECT OVERVIEW
O’Rourke & Associates is pleased to submit this proposal for additional services to update the Tiburon General
Plan. The proposal augments the original Professional Services Agreement for the Town of Tiburon General Plan
Update and Environmental Impact Report, dated September 10, 2020, by adding additional services to prepare a
Diversity & Inclusion Element and conduct Affirmatively Furthering Fair Housing outreach and capacity building to
support the Housing Element Update.
As the prime consultant, O’Rourke & Associates will contract with all subconsultants necessary to complete the
project. The project team includes Ricardo G. Huerta Niño, Diversity consultant; Bob Brown, principal of
Sustainable Community Planning (SCP); and WRT, LLC.
WORK P LAN
Our work plan includes the following tasks.
DIVERSITY & INCLUSION ELEMENT
TASK 1 PROJECT MANAGE MENT
O’Rourke & Associates principal, Christine O’Rourke, will be the dedicated project manager for the project. The
Project Manager will conduct project check-ins every two weeks with key Town staff to review progress and
deadlines, track work tasks and products, resolve issues, and identify next steps. The Project Manager will prepare
a status report and project schedule in advance of each check-in.
TASK 2 MEETINGS
Ricardo Huerta Niño will attend up to six meetings with the Diversity & Inclusion Task Force to understand the Task
Force’s desired outcomes for the project, develop a framework for the Diversity & Inclusion Element, review public
input from the Community Workshop, develop goals, policies, and programs for the Element, and review the draft
Element.
Ricardo Huerta Niño will also attend up to six virtual meetings with staff and the consulting team to review tasks
and upcoming deadlines and deliverables.
Deliverables: Preparation of slide presentation and meeting materials
TASK 3 COMMUNITY WORKSHOP
Ricardo Huerta Niño will develop and conduct a community workshop to gather community feedback on goals,
policies, and programs to include in the Diversity & Inclusion Element. The Diversity consultant will work with
2
O’Rourke and Associates to develop content for the workshop webpage, survey, promotion, and summaries. SCP
and Christine O’Rourke will assist in workshop facilitation. O’Rourke will provide the virtual workshop platform and
media tech services.
Deliverables: Preparation of slide presentation, survey, and workshop promotion and website content
TASK 4 DEVELOP GOALS, POLICIES AND PROGRAMS
Ricardo Huerta Niño will use feedback received from the Diversity & Inclusion Task Force and the public
engagement process to draft goals, policies, and programs for the Diversity & Inclusion Element, with assistance
from Bob Brown. Policies will be written clearly and broadly enough to provide effective direction to staff and
decision makers, and programs will be selected that can realistically be achieved through the life of the general
plan given fiscal and resource constraints.
Deliverables: Draft goals, policies, and programs
TASK 5 ADMINISTRATIVE DRAFT DIVERSITY & INCLUSION ELEMENT
Ricardo Huerta Niño will work with the project team to prepare an Administrative Draft Diversity & Inclusion
Element for review by Town staff. The Draft will include charts, maps, and graphics as appropriate to illustrate the
major ideas conveyed in the text.
Deliverables: Administrative Draft Element (Word document)
TASK 6 PREPARE THE DRAFT ELEMENT
WRT will design and layout the Diversity & Inclusion Element. O’Rourke will integrate the element into the other
General Plan chapters.
Deliverables: Draft Element (PDF document)
TASK 7 OPEN HOUSES
The Diversity consultant will attend three Open Houses intended to introduce the Draft General Plan to the
community and staff a table dedicated to highlighting the Diversity & Inclusion Element.
TASK 8 STUDY SESSIONS
The Diversity consultant with attend study sessions with the Planning Commission and Town Council to review the
draft Diversity & Inclusion Element.
Deliverable: Preparation of slide presentation
3
HOUSING ELEMENT OUTREACH
TASK 1 HOUSING E LEMENT OUTREACH
Ricardo Huerta Niño with develop an outreach and capacity building plan to engage underrepresented populations
in the housing element update process, including people of color and lower-income workers and residents. The
Diversity consultant will develop and conduct two focus groups, one for workers of downtown businesses and one
for Spanish-speaking residents of affordable housing developments in Tiburon. The Diversity consultant will also
develop and distribute a survey targeting these populations. Outreach feedback will be summarized and tabulated.
The Diversity consultant will work with the General Plan Update team to incorporate feedback into the
development of goals, policies, and programs for the Housing Element.
Deliverables: Outreach plan, focus group questions, survey, outreach summary
COST PROPOSAL
Our Cost Proposal includes all personnel and direct costs for the prime consultant and subconsultants for the tasks
included in this proposal. Additional meetings not included in the scope of work will be billed at the consultants’
hourly rates.
DIVERSITY & INCLUSION ELEMENT
O'Rourke (hours at $145/hour)
SCP (hours at $145/ hour)
Huerta (hours at $185/ hour) WRT TOTAL COST
Task 1: Project Management 36 $5,220
Task 2: Meetings 100 $18,500
Task 3: Community Workshop 60 12 60 $21,540
Task 4: Develop Goals, Policies & Programs 30 40 $11,750
Task 5: Prepare Admin Draft Element 20 40 $10,300
Task 6: Prepare Draft Element 20 $7,180 $10,080
Task 7: Open Houses 25 $4,625
Task 8: Study Sessions 25 $4,625
TOTAL HOURS 136 42 255
TOTAL COST $19,720 $6,090 $53,650 $7,180 $86,640
HOUSING ELEMENT OUTREACH
Huerta (hours at $185/
hour)
TOTAL COST
Task 1: Housing Element Outreach 60 $11,100
TOTAL COST $11,100
Developing and leading dialogues, trainings, and collaborative initiatives that
engage and address complex, pressing social issues
Designing and administrating effective programs and services
Building successful partnerships among community advocacy, nonprofit,
government, private sector leaders to forge key alliances.
Managed up to $50 million grant budgets.
Successful record of collective impact work with public-private-nonprofit
collaboratives, community engagement, and equity. Experience includes historical,
regional, and national perspectives analysis to evaluate and implement programs,
policies, and practices, and to develop outcomes-driven, inclusive, innovative
approaches to challenges. Over 10 years of cumulative work in philanthropy from local
to national grantmaking. Expertise and university faculty in urban planning.
Track Record Includes:
Ricardo G. Huerta Niño
E Q U I T Y , U R B A N P L A N N I N G , C O L L E C T I V E I M P A C T
CONTACT
EDUCATION
University of California, Berkeley
PhD, City & Regional Planning
MCP, City & Regional Planning
MA, International & Area Studies
Stanford University
MA, Latin America Studies
University of California, Davis
BA, Spanish
BA, Native American Studies
Graduate Studies 2003-2014
PRACTICE, RESEARCH,
EXPERTISE
Collective Impact & Racial Equity
Community Engagement
Community & Economic Development
City Planning: Housing, Transportation
Immigrant & Refugee Rights
Environmental Justice
Social Change Philanthropy
Multi-Sector Collaboratives
“Health, wealth, housing, education,
and safety”
(415) 577-7358
Ricardo1@berkeley.edu
Linkedin.com/in/ricardoplanning
Pronouns: He, him
PROFESSIONAL PROFILE
RECENT STAFF POSITIONS
SAN FRANCISCO FOUNDATION
Lead strategy development and partnerships to move the region towards a more
equitable and sustainable Bay Area. Work with funders, non-profits, and public
sector partners to identify, implement, and leverage policy and financing strategies.
Housing, land use, climate, and equitable transportation oriented development.
Senior Initiative Officer 07/2021 – Present
THE CITY OF OAKLAND, MAYOR’S OFFICE
Policy Director on equity-focused, outcomes-driven, multi-sector, multi-
governmental collaborative initiatives focused on children and youth with the
framework of “health, wealth, housing, education, and safety.” Recognized for
building a “groundbreaking” inclusive collaborative model for boys and men of color
program work.
Director for Education By All Means and My Brother's Keep, including membership of
national policy group.
Director of Collective Impact 11/2016 – 06/2018
THE UNITY COUNCIL
Raised organizational profile, developed critical strategic partnerships among
grantmakers, academics, and community organizations. Provided expertise in
organizational and fund development strategies that improved agency messaging,
landscape presence, outreach, and educational efforts.
Director of Planning and Strategic Partnerships 3/2015 – 11/2016
THE EVELYN & WALTER HAAS, JR. FUND
Provide research, recommendations, and grants management for proposals and
grants supporting organizations working on immigrant & refugee rights.
Interim Program Officer 4/2014 – 09/2014
Ricardo G. Huerta Niño
RECENT AFFILIATIONS
Smart Growth California
Fiat Lux Scholarship
Chancellor’s Public Scholar
Yamashita Prize
Stanford Latino Alumni Association
Board Member
Blue Endeavors Ocean Conservation
African American & Latino Action
Alliance, Member
San Francisco Foundation
National Association of Latino Elected
and Appointed Officials (NALEAO)
Member
Member, State Steering Committee
2021-Present
Member, Selection Committee
University of California, Berkeley
2021-Present
University of California, Berkeley
2020-Present
University of California, Berkeley
Member, Selection Committee
2019-Present
2017-Present
Ambassador
2016-Present
2016–Present
Multicultural Fellowship Alumni
Network Committee Co-Chair
2014–2019
2016–2018
Earlier, relevant experience in large project leadership success includes:
Program Officer, Open Society Institute, NYC 1998 – 2000
Hired to replicate successful San Francisco Foundation program at the national
level; managed the majority of a $50M national grant fund.
Worked closely with local and regional foundations leaders, national immigrant
rights leaders, built and strengthened alliances, sharing best practices, messaging,
framing, and tactics, brokered partnerships.
FACULTY POSITIONS
University of California, Berkeley
City & Regional Planning
Global Poverty & Practice
2014-Present
San Francisco State University
Urban Studies and Planning
2014
Other Earlier Consulting Clients (Partial List)
Kaiser Permanente -- Economic Development, Entrepreneurialism 2018–2019
The NIAM Group -- OUSD Community Engagement, Research, Equity 2014-2016
Insight Center for Community Development -- Economic Development 2014–2016
Goldman Environmental Prize-- Interim Program Officer 2003-2006
Open Society Institute -- Center on Crime, Communities, & Culture 1998-2002
CAREER NOTE
Other areas of work: Environmental education, after-school director, teacher.
Awards, volunteering, and additional consulting, grantmaking, teaching, and affiliations
available upon request.
INDEPENDENT CONSULTANT
Provide expertise in capacity-building, organizational effectiveness, policy analysis,
research, thought leadership, best-practices solutions, and long-range planning to
programs and policies affecting low-Income, under-resourced communities, especially
urban, and immigrant communities.
City of San Rafael 12/21 – Present
Design and implement strategic efforts for community engagement and capacity-
building for community-orientated transportation design, practices, and policies. Use a
collective impact approach to community power- and leadership building.
African American & Latino Action Alliance 6/20 – Present
Project Director for the multiracial collaborative of community leaders in Oakland working
on health, housing, economic development, public safety, and community development.
Provide leadership, administration, organizing, and research expertise.
Canal Alliance 10/19 – Present
Design and implement strategic efforts for a range of projects and public-private-
nonprofit collaboratives on topics including affordable and low-income housing, the
development of a Neighborhood Specific Plan, climate change adaptation & resilience,
as well play as a leading role in the Marin County Pandemic & Latinos Policy Task Force,
in partnership with city and county officials, businesses, and nonprofits.
Soros Fellowship for New Americans 10/20- Present
Serve on the evaluation team for a fellowship recognizing exceptional immigrants and
children of immigrants to be awarded a $90,000 grant. The grant funds support
graduate students “poised to make significant contributions to US society, culture, or
their academic field”. Evaluate applications, provide assessment and recommendations
City of San Rafael, General Plan 2040 10/18 – 05/20
Designed and implemented strategies that support the 20-year general plan update
including capacity-building and civic participation among low-income immigrant Latino
residents, implementing city planning training, and advocating for and achieving
enactment of a neighborhood-specific plan focused on housing, safety, and quality of
life planning for low-income, under-resourced neighborhoods.
Transportation Authority of Marin 2/21 – Present
Design and implement strategic efforts for community engagement and capacity-
building for community-orientated transportation design, practices, and policies. Use a
collective impact approach to community power- and leadership building.
RICARDO G. HUERTA NIÑO
CONSULTANT BIOGRAPHY
Ricardo G. Huerta Niño is a consultant to nonprofits, local governments, regional agencies, and
philanthropic foundations. His most recent work has been as a consultant for city planning and
community engagement focused on racial equity, housing, transportation, workforce development, and
pandemic response efforts. Ricardo served as Policy Director for Collective Impact in the Mayor’s Office
in Oakland, leading multi-sector collaborative projects focused on education and youth development,
using a social indicators approach focused on health, wealth, education, safety, and housing.
As a consultant for local governments, school districts, regional agencies, and community development
corporations, Ricardo helps develop community-driven collaboratives for engaging residents in urban
planning practices and decision-making. His experience also includes working in philanthropy as a
program officer and consultant focused on a range of issues including immigrant and refugee rights,
environmental justice, leadership development, criminal justice reform, and multi-sector collaboratives.
He has also worked as a consultant to various policy institutes, research think tanks, and nonprofit
organizations, including Kaiser Permanente, where he worked as a research consultant on economic
development focused on developing strategic entrepreneurialism in low-income neighborhoods in
Northern California.
Ricardo is a faculty member at UC Berkeley in City & Regional Planning and Global Poverty & Practice
where he is also a Chancellor’s Public Scholar in the Public Service Center’s American Cultures Engaged
Scholarship program. At UC Berkeley, Ricardo has also been a Visiting Scholar at the Institute for the
Study of Societal Issues (ISSI), an Affiliated Scholar at the Center for Research on Native American Issues,
and a Distinguished Visiting Fellow in College of Environmental Design.
SELECT RELEVANT PROJECTS
TRANSPORTATION AUTHORITY MARIN, 101-580 C ONNECTOR PROJECT
Transportation Authority Marin (TAM), in partnership with Caltrans, Metropolitan Transportation
Commission (MTC), and Bay Area Toll Authority (BATA), is developing a freeway connector project to
address long-standing traffic congestion on freeways, interchanges, and local streets in Central Marin.
The project seeks to separate regional traffic to the Richmond-San Rafael Bridge from local traffic on key
arterials in San Rafael and Larkspur. In addition to the freeway connector, the project includes access,
safety, and connectivity improvements on Bellam Boulevard, a critical connection for Marin’s largest
underserved community, the Canal area, and other neighborhoods.
Catalyst supports TAM and the project team with all aspects of the public outreach and engagement.
Charles Gardiner and the Catalyst team formed and facilitate the Stakeholder Working Group, which is
reviewing and providing input on project alternatives in advance of the environmental review. The team
assesses and manages community issues and comments
for consideration by four levels of collaborative decision-
making among local, regional, and state entities.
Early in the project planning, community equity issues
shaped project planning and community engagement.
Catalyst supported the project team in identifying how
and when equity issues are and will be addressed in
project planning. Working with community-based
organizations in the Canal area and surrounding project
area, Ricardo Huerta Niño designed a thorough capacity-
building program for Spanish-speaking community
representatives. The program focuses on community training and discussion of transportation planning
processes, community roles, and local land use and transportation issues and challenges. The program
will prepare the community to participate on equal footing with more affluent neighborhoods in the
project area during the planning for Bellam Boulevard improvements and the project environmental
review.
Timeline: August 2019 to present.
Budget: $175,000
Client: Transportation Authority Marin
Project Manager: Connie Fremier, (415) 565-1650
Key Personnel: Charles Gardiner, Facilitator; Ricardo Huerta, Equity Manager
KEY FEATURES
Regional & local transportation
problem-solving
Equity and social justice
Multi-level project decision-making
Stakeholder advisory committee
Community consensus-building
Community capacity building in
underserved neighborhoods
OAKLAND U NIFIED SCHOOL D ISTRICT, EQUITY POLICY RESEARCH & COMMUNITY ENGAGEMENT
The Oakland Unifies School District (OUSD) contacted with the NIAM Group, a team of city planning
researchers associated with the University of California at Berkeley. The project centered on two major
outcomes: a School District racial equity policy and a community engagement project mandated by
District policy for facilities construction and expansion. The racial equity policy research and policy
recommendations centered on extensive interviews of a wide range of OUSD stakeholders including,
students, program managers, custodial staff, teachers, and mid and high-level administrators as well as
partnering nonprofit organizations. The research sought to identify stakeholder concerns related to
equity as well as the opportunities and challenges for systemic change to enact more equitable policies
at all levels of the School District. The outcome of this work was the development of an equity policy
that was approved by the School District to improve
equity outcomes.
OUSD policy requires specific community outreach and
engagement for any major facilities expansion or
construction on OUSD properties. The work in this area
focused on implementing multi-lingual, culturally
competent, and inclusive community engagement on
several facilities projects including, for example, the removal of a school building and the construction of
a facility and school garden. Other projects included expanding and upgrading kitchen and cafeteria
facilities at a number of schools. The multifaceted community engagement efforts included hosting
informational community forums to present the projects and gather community responses and concerns
to then report to OUSD with recommended actions to address these. It also included mass mailings to
surrounding neighbors as well as door-to-door knocking to in the contiguous neighborhood to invite
residents to attend informational session, make them aware of forthcoming construction activity, and
ask them to share their concerns via phone, email or online.
Responding to a range of stakeholder concerns and systemic challenges, OUSD sought the support of
the NIAM Group to ensure high-quality, rigorous research & recommendations as well as culturally-
responsive community engagement centered on capacity-building and community leadership. Ricardo
Huerta Niño designed and implemented a community engagement approach to outreach in Oakland’s
multicultural, multilingual communities, leading a team of outreach staff.
Timeline: December 2014- July 2017
Client: Oakland Unified School District
Project Manager: Dr. Malo Hutson
Key Personnel: Dr. Malo Hutson, Moira O’Neill, Ricardo G. Huerta Niño
KEY FEATURES
Equity and social justice
Community consensus-building
Community capacity building in
underserved neighborhoods
CITY OF SAN RAFAEL, GENERAL PLAN 2040 UPDATE & HOUSING ELEMENT
The consultant firm Communities in Collaboration partnered with Barry Miller, the City of Rafael’s
consultant hired to lead the work of revising the city’s general plan to provide expertise in community
engagement with multicultural, multilingual, low-income communities. The Latino community
represents about 30% of residents in the city but they had not been included in city planning processes
and decisions. The update to the general plan provided that opportunity for the city to hear from a
community that represents 1/3 of all residents. Communities in Collaboration invited Ricardo G. Huerta
Niño to join the team to provide outreach design and implementation bringing together city planning,
community engagement, and capacity building to the work. In contrast to conventional approaches to
community outreach, the model focused on building capacity among existing community leaders to use
the training as an opportunity to understand not just the issues related to updated the general plan but
to learn more broadly about civic engagement in planning
process to then use the learning to engage with future
planning projects related to priority issues for the
community: housing, transportation, safety, and climate
change resilience.
In partnership with community-based organizations in the
Canal neighborhood, Ricardo Huerta Niño designed a city
planning engagement capacity-building training for Latino
community leaders, with outreach and public awareness campaign elements, led by training participant.
Key elements of the training include understanding the general plan, city planning process, civic
engagement, decision-making processes, planning terms and relevant entities and leaders. Leaders were
able to provide substantive and informed feedback to the general plan update, especially regarding
housing but also comments on a variety of general plan elements. Subsequently, the city has agreed to
provide a Neighborhood Specific Plan to more effectively address the concerns and build on
opportunities identified by community leaders in this project process. Additionally, this project has also
resulted in a new consultancy project for Ricardo Huerta Niño to work with the City of San Rafael to
work with the community again to more build further capacity in housing planning so that the
community can again provide feedback on the ongoing work of updating the housing element of the
general plan.
Timeline: September 2018- May 2020
Client: City of San Rafael
Project Manager: Ricardo G. Huerta Niño
Key Personnel: Omar Carrera, Ricardo G. Huerta Niño, Heather Imboden, Susana Morales, Barry Miller.
KEY FEATURES
Equity and social justice
Stakeholder leadership committee
Community consensus-building
Community capacity building in
underserved neighborhoods
MAYOR’S OFFICE, CITY OF OAKLAND, POLICY DIRECTOR FOR COLLECTIVE IMPACT
The City of Oakland was invited to join President Obama’s national project addressing the issues faced
by boys and men of color, called My Brother’s Keeper. The Mayor accepted the invitation and opened a
position in her administration. In conversations with the Mayor, Ricardo G. Huerta Niño negotiated a
collective impact approach to the position, noting that the issues boys and young men in Oakland faced
stemmed from a number areas including housing, health, education, job training, and justice system
reform. The profile of the position was raised to Policy Director for Collective Impact, reflective the work
of organizing and capacity-building for organizations working with youth as well as city agencies and
nonprofits whose collaboration would be needed for achieving better outcomes for youth. Key
deliverables include the creation of a leadership team among youth serving organizations, modeling
greater equity and inclusion, and the national recognition of the work through a $100,000 grant award.
Ricardo was invited to join the Equity Intelligence
Platform National Advisory Group of the national My
Brother's Keeper Alliance at the Obama Foundation.
In addition to the work in the My Brother’s Keeper
program, the position at the Mayor’s office also included
serving as the lead for a Harvard Graduate School of
Education national program from select cities across the
country to use a collective impact approach to improving
education outcomes for k-12 students in the Oakland
Unified School District. Ricardo was the project director
of this collaborative the involved the Mayor’s Office,
OUSD, major philanthropic foundations, and a series of
nonprofits, and city and county agencies and department, including county supervisors, city council
members, and leaders from the local housing authority. The framing for the project was provided by
leading scholars at the Harvard Graduate School of Education, but in collaboration with local leaders,
Ricardo designed the local implementation for Oakland, emphasizing efforts for equity, inclusion of hard
to reach populations, and culturally-competent program design and organization and community
engagement and outreach. Key outcomes were a significant improvement in cross-sector collaboration,
communities, and alignment for a holistic approach to achieving improved educational outcomes.
Timeline: November 2016 – April 2018
Employer: City of Oakland
Project Manager: Ricardo G. Huerta Niño
Key Personnel: Mayor Libby Schaaf, Jose Corona, Ricardo G. Huerta Niño
KEY FEATURES
Collective Impact approach
Multi-sector collaboration
Equity and social justice
National Obama Foundation
Leadership
Organization consensus-building
Community capacity building for
organizations working in underserved
communities
EXHIBIT 3
Proposal for Additional Consulting
Services to Update the
Tiburon General Plan:
Housing Element and
Objective Development and
Design Standards
February 23, 2022
Christine O’Rourke, Principal
O’Rourke & Associates
20 Nunes Drive
Novato, CA 49445
christine.o@comcast. net
In association with
Exhibit 3
2
PROJECT O VERVIEW
O’Rourke & Associates is pleased to submit this proposal for additional services to update the Tiburon General
Plan. The proposal augments the original Professional Services Agreement for the Town of Tiburon General Plan
Update and Environmental Impact Report, dated September 10, 2020, by adding additional services to prepare
the Housing Element to identify qualifying housing opportunity sites and to prepare Objective Development and
Design Standards (ODDS) for residential and mixed-use projects which qualify under state law for streamlined or
ministerial processing.
As the prime consultant, O’Rourke & Associates will contract with all subconsultants necessary to complete the
project. The project team includes Bob Brown, principal of Sustainable Community Planning and WRT, LLC.
WORK PLAN
Our work plan includes the following tasks.
Housing Element Update
TASK 1 PROPERTY OWNER MEETINGS
The project team will participate in up to six virtual meetings with owners of parcels that may be designated as
multi-family housing sites in the Housing Element. The goal of these meetings will be to understand the owners’
future redevelopment objectives and potential constraints to housing development.
Deliverables: Documentation of owner meetings.
TASK 2 PROPERTY TOURS
The project team will tour the identified housing sites to understand existing conditions and potential constraints
for development which may affect potential capacity.
Deliverables: Summary of site visits.
TASK 3 SITE SELECTION
The project team will work with Town staff to finalize the list of potential housing sites and assign development
capacity.
Deliverables: List of draft housing sites and development capacity.
3
TASK 4 MODELING BUILDING FORMS FOR POTENTIAL HOUSING SITES
WRT will model building form on up to four sites, with up to eight total variations. Model views will show
conceptual massing to understand housing capacity and give community members a sense of potential building
scale. These model views will not show architectural detail. WRT will also refine the model views for the two
downtown sites previously modeled for the Downtown workshop.
For each site and scenario, WRT will estimate development capacity, presented in a range with high and low
assumptions of average unit size and parking.
Deliverables: Building form models and alternatives for six sites (four new); Spreadsheet showing development
capacity and assumptions for each site.
TASK 5 ADDITIONAL WORKSHOPS AND M EETINGS
The consultant team will participate in community workshops and public meetings to support the Housing
Element, including facilitation and presentations at the second public Housing Element Workshop, one Planning
Commission workshop, and a Town Council workshop to evaluate housing opportunity sites and obtain feedback
on housing opportunity sites to be included in the draft Housing Element.
Deliverables: Preparation of slide presentations, survey, and meeting summary; updating the website to include a
workshop webpage and survey; materials to promote the workshop.
Objective Design and Development Standards
TASK 1 EVALUATE CURRENT REGULATIONS AND DESIGN GUIDELINES
Sustainable Community Planning and WRT will review the Town’s current development regulations, including
zoning and subdivision codes, to identify objective standards and those standards that could be made objective
with minor edits or quantification. SCP and WRT will also review the Town’s existing design guidelines, including
the Downtown Tiburon Design Handbook and the Hillside Design Guidelines to identify objective standards and
those standards that could be made objective with minor edits or quantification.
Deliverables: Annotated and highlighted version of Municipal Code development regulation chapters identifying
current objective and subjective standards; written summary of regulatory areas lacking objective standards.
TASK 2 SUBCOMMITTEE MEETINGS
SCP will facilitate up to six virtual meetings with a subcommittee of the Design Review Board and Town staff to
establish project objectives and provide feedback on proposed objective standards. The Subcommittee will also
be briefed on the requirements of recent state housing legislation related to the project. WRT will participate in
three subcommittee meetings.
Deliverables: Agenda and meeting summary for each meeting; Summary of Housing Accountability Act, SB 35
and SB 9.
4
TASK 3 DRAFT OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS
The consultant team will draft new objective standards for review and feedback by the Subcommittee and staff
to address building height, massing and articulation and street frontage requirements.
Deliverables: Draft objective standards.
TASK 4 MODELING BUILDING FORMS AND GRAPHICS
WRT will revise building form diagrams from the Housing Element work program and prepare graphics to convey
the effects of proposed objective standards on future development.
Deliverables: Preparation of refined building form diagrams; preparation of graphics to incorporate into
subsequent code amendments to illustrate key objective standards.
TASK 5 PLANNING COMMISSION AND DESIGN REVIEW BOARD WORKSHOP
The consultant team with facilitate a joint study session with the Planning Commission and Design Review Board
to review the draft objective standards.
Deliverables: Slide presentation; revised objective standards based on workshop feedback.
TASK 6 TOWN COUNCIL WORKSHOP
The consultant team with facilitate a study session with the Town Council to review the draft objective
standards.
Deliverables: Slide presentation; revised objective standards based on Council feedback.
TASK 7 PREPARE CODE AMENDMENTS
SCP will prepare draft ordinances to amend the Tiburon Municipal Code to incorporate objective standards,
including explanatory graphics for design standards.
Deliverables: Draft Municipal Code amendments.
SCHEDULE
The schedule for preparing the Objective Design and Development Standards is intended to integrate with the
overall General Plan Update schedule. Proposed schedule milestones are as follows:
March 2022: Appointment of ODDS Subcommittee Design Review Board members
April - July 2022: Work with ODDS Subcommittee
Aug 2022: Joint study session with the Planning Commission and Design Review Board to review draft ODDS
5
Sept 2022: Study session with Town Council to review draft ODDS
January 2023: Adopt ODDS amendments to the Municipal Code
COST P ROPOSAL
Our Cost Proposal includes all personnel and direct costs for the prime consultant and subconsultants for the
tasks included in this proposal. Additional meetings not included in the scope of work will be billed at the
consultants’ hourly rates.
O'Rourke
(hours at
$145/hour)
SCP
(hours at
$145/ hour)
WRT TOTAL COST
HOUSING ELEMENT UPDATE
Task 1: Property owner meetings 8 8 $1,845 $4,165
Task 2: Property tours 5 $1,890 $2,615
Task 3: Site selection 3 $1,110 $1,545
Task 4: Modeling building forms $20,640 $20,640
Task 5: Additional workshops and meetings 40 9 $8,050 $15,155
Subtotal 48 25 $33,535 $44,120
OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS
Task 1: Evaluate current regulations and design
guidelines 2 16 $3,970 $6,580
Task 2: Subcommittee meetings 18 3 mtgs $2,610
Task 3: Draft objective standards 2 60 $7,890 $16,880
Task 4: Modeling building forms and graphics $18,200 $18,200
Task 5: Planning Commission/DRB workshop 6 $2,055 $2,925
Task 6: Town Council study session 2 6 $2,055 $3,215
Task 7: Prepare code amendments 60 $8,700
Subtotal 6 166 $34,170 $59,110
Reimbursables (Travel/Printing) $250 $250
TOTAL 554 191 $67,955 $103,480
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Administrative Services
Subject: Consider Directing the Town Manager to execute a Professional Services Agreement with ReadySet to Provide Human Resources Related Consulting Services in an Amount Not to Exceed $66,000, and Consider Fiscal Year 2022
Budget Amendment in that Amount to Fund the Work. Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Council will be considering a recommendation by staff and a Diversity and Inclusion Task Force
subcommittee to contract with ReadySet to provide professional consulting services related to
Human Resources. RECOMMENDED ACTION(S) 1. Authorize the Town Manager to enter into a contract with ReadySet, in an amount not to
exceed $66,000, to provide consulting services as detailed in the Request for Proposal
issued on January 3, 2022 (Exhibit 1), and the ReadySet proposal (Exhibit 2). 2. Approve a Fiscal Year 2022 Budget Amendment in the amount of $66,000 with the source of funds being General Fund Operating Reserves.
BACKGROUND
At the October 13, 2021 meeting of the Town’s Diversity Inclusion Task Force (DITF), the task force members engaged in a broad discussion regarding the Town’s employment practices. At the conclusion of the discussion, task force members voted to recommend the Town Council consider hiring a professional Diversity, Equity and Inclusion consultant to assess and make recommendations related to the Town’s employment practices related to diversity in Town hiring,
recruitment, training and advancement. At their Regular Meeting on October 20, 2021, Council discussed the matter and voted unanimously in directing staff to hire a professional DEI Consultant to provide an assessment of the Towns current HR policies/practices with regards to Diversity and Inclusion best practices.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: AI-2
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 4
Subsequent to the October 20 meeting, the DITF created an ad-hoc subcommittee to work with staff on this project, naming Leela Stake, Karen Carrera and Ruben Kalra as members of the sub-committee. ANALYSIS
Over the past 4 months, staff and the subcommittee have accomplished the following;
• Drafted a Request for Proposal (RFP) and developed a list of possible consultants.
• RFP was released on January 3, 2022. A copy of the final RFP is attached as Exhibit 1. The deadline for submittals was January 27, 2022, and the Town received 10 proposals by that date.
• Reviewed the 10 proposals received, identifying three ‘finalist’ firms to interview.
• Developed interview questions along with a scoring matrix for finalist interviews
• Conducted the interviews (via Zoom) on February 18, 2022
• Conducted reference checks on 2 finalist firms, debriefed and developed final
recommendation Based on the information gathered through the process described above, staff and the subcommittee are unanimously recommending the Town Council authorize the Town Manager to
enter into a contract with the firm ReadySet to complete the scope of work detailed in the RFP.
A copy of the ReadySet proposal is attached as Exhibit 2. ReadySet is a Black Woman-owned DEI strategy, consulting, and training professional services firm that specializes in integrating and embedding DEI strategies and practices within innovative
organizations. Founded in 2015, ReadySet has helped over 100 organizations to date in
developing a high-impact approach to diversity, equity, and inclusion. Their clients span industries from tech to city governments and nonprofits; from small startups to social change organizations; and from local to regional to large multinational global entities. They bring a holistic and intersectional approach utilizing field-tested best practices and a strong emphasis on
data-driven solutions.
As detailed in their proposal (Exhibit 2), the scope of work to be provided under the proposed contract will consist of the following components:
• Document Review: ReadySet will review pertinent written materials related to the Town’s hiring, advancement, retention, and training practices, including: Town-wide policies, the Municipal Code, bargaining unit Memorandums of Understanding, department policies, recruitment fliers, interview evaluation forms, performance evaluation forms, and other related documents. Furthermore, ReadySet will review
communication, employee policies and practices, team engagement, any past anti-racism or DEI work done, and any engagement survey data collected.
• Survey Data Analysis: ReadySet will also review and analyze results or any pertinent data provided by the Town, including engagement surveys and demographic data related
to the Town’s workforce and community.
• Focus Groups & Interviews: To gather a deeper understanding of the Town’s current state, ReadySet will also conduct a combination of 1:1s and focus groups with Town staff
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 3 OF 4
and stakeholders to supplement the information gathered from the document and data reviews. The interviews often give us the best information about what the acute and long term needs and perceptions of the community are and help us prepare to effectively develop strategy.
• DEI Summary Report Presentation: At the conclusion of the assessment, ReadySet will provide a full findings and recommendations presentation (aka DEI Summary Report) and align with the Town’s leadership and other key stakeholders on impact areas and next steps toward a sustainable approach for programming and workshop content and further strategic initiatives to address the Town’s hiring, advancement, training and retention
goals. The proposed cost to complete the scope of work detailed in the ReadySet proposal is $55,000. If Council concurs with the recommendation from staff and the subcommittee, staff will work with ReadySet to finalize the scope of work to be attached to a final Professional Services Agreement
(PSA). A template of the Town’s standard PSA is attached as Exhibit 3. Through this process, staff anticipates the proposal cost may increase. For example, there may be portions of the work where we feel it is important for the consultants to be ‘in person’, which would increase costs. Therefore, if Council wishes to move forward with the work, staff is requesting Council include a 20% contingency to the proposed cost. This would result in Council authorizing an expenditure
not to exceed $66,000. FINANCIAL IMPACT Staff is recommending Council authorize the Town manager to execute a contract with ReadySet
in an amount not to exceed $66,000. This expenditure is not included in the Fiscal Year 2021-22 Budget, therefore, if Council approves the project, staff is also requesting Council approve a Budget Amendment in the same amount to provide funding for the work. Staff recommends the source of funding for this expenditure be from the General Fund Operating Reserve Fund (GFORF). The June 30, 2021 Audit indicated the GFORF had a balance of $7,459,972, with the
adopted Fiscal Year 2022 Budget calling for that figure to remain essentially unchanged. Town Policy calls for the balance in this fund to be, at a minimum, equal to 25% of the Towns Operating Budget, or approximately $2,750,000. The projected current balance of the GFORF far exceeds the policy directed amount, and although Council has recently approved several other budget amendments with the same source of funds, staff believes there are ample funds available
in the GFORF to cover the cost of this Budget Amendment. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 4 OF 4
RECOMMENDATION Staff recommends that the Town Council: 1. Authorize the Town Manager to enter into a contract with ReadySet, in an amount not to
exceed $66,000, to provide consulting services as detailed in the Request for Proposal issued on January 3, 2022 (Exhibit 1), and the ReadySet proposal (Exhibit 2). 2. Approve a Fiscal Year 2022 Budget Amendment in the amount of $65,000 with the source of funds being General Fund Operating Reserves
Exhibit(s): 1. Request For Proposal dated January 3, 2022 2. ReadySet Proposal 3. Professional Services Agreement Template Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
Town of Tiburon
Request for Proposals (RFP)
Diversity, Equity & Inclusion Consulting Services
Hiring, Advancement, Training and Retention Policies and Procedures
Town of Tiburon
Administrative Services Department
1505 Tiburon Boulevard
Tiburon, CA 94920
Greg Chanis, Town Manager
Suzanne Creekmore, Director of Administrative Services
RFP Submittal Deadline
January 27, 2022
REVISED 01-19-2022
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
2
Table of Contents
1. Introduction
2. Eligibility
3. Project Overview
4. Scope of Work & Desired Outcomes
5. Submittal Requirements
6. Selection Process and Tentative Schedule
7. Equal Employment Opportunity
8. Proposal Terms and Conditions
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
3
Introduction
The Town of Tiburon, with a population of approximately 9,000, is located just a few miles
north of the Golden Gate Bridge in southern Marin County. Tiburon was incorporated in
1964 as a General Law municipality and operates under the Council-Manager form of
government. The Town Council consists of five (5) members elected at large and
approximately 20 committee and commission members, appointed by the Town Council.
Tiburon has 39 full time employees working in 4 departments including: Administrative
Services, Community Development, Police, and Public Works.
In October 2020, the Town Council established a Diversity and Inclusion Task Force to
provide advice to the Town Council, Town Manager, and Police Chief regarding issues of
diversity and inclusion involving the Police force as well as advice to the Town Manager
and Town Council regarding ways to improve diversity and inclusion generally in the Town
of Tiburon. The Diversity and Inclusion Task Force is comprised of 10 members, including
all 5 Councilmembers and 5 at large members from the community. The Town of Tiburon
is committed to advancing diversity, equity and inclusion and addressing issues related to
these areas.
Eligibility
This request is open to parties engaged in the lawful practice of their profession that
satisfy the minimum qualifications set forth in this Request for Proposal (RFP). Minority-
owned, Women-owned, and Emerging Small Businesses are encouraged to apply for this
opportunity. Consultants with experience working with government agencies of similar
size to the Town of Tiburon will be given preference.
Project Overview
The intent of this Request for Proposal (RFP) is to describe the services needed to assess
and make recommendations regarding hiring, advancement, retention and training
practices that align with the Town’s Diversity, Equity and Inclusion objectives. The
selected consultant will be expected to advise the Town Manager, Director of
Administrative Services, other Town staff, Town Council, and Diversity and Inclusion
Task Force on recommendations for improvements and applicable resources with clear
goals for evaluating short-term progress and long-term success in its employee hiring,
advancement, retention and training practices.
Professional services will be executed through a Professional Services Agreement (PSA)
with task orders that are based on a mutually-agreeable scope of work, budget, and
schedule. The Town anticipates the work under this agreement to be completed by
August 31, 2022, or within six months of commencing work under the PSA. Based on
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
4
the results of the study, there is potential for an ongoing partnership between the
Consultant and the Town after the successful completion of the work identified in the
PSA.
Scope of Work & Desired Outcomes
1. DEI Audit
The Diversity, Equity, and Inclusion audit would include a review of existing policies and
practices related to the Town’s hiring, advancement, retention and training practices. This
includes at minimum the review of: The recruitment, interviewing, selection and
onboarding process for all employees, the performance evaluation process,
promotion/advancement opportunities for existing employees, and the current training
program. We expect the audit and recommendations will focus on the following key
areas:
a. Assessment
In conjunction with designated Town Staff and members of the Diversity and Inclusion
Task Force, assess the Town’s hiring, advancement, retention, and training practices to
identify opportunities and challenges, and use this information to develop policy,
program and training recommendations.
b. Data Analysis
Provide aid in reviewing and interpreting available and relevant demographic data for the
Town in relation to our workforce and community we serve. Identify additional data that
can be gathered and inclusive language best practices to inform Town practices moving
forward.
c. Policy and Document Review:
Review existing Town-wide and Department-specific documents, policies and procedures
and make recommendations for updates or creation of new ones. Document review will
include Town-wide policies, the Municipal Code, bargaining unit Memorandums of
Understanding, department policies, recruitment fliers, interview evaluation forms,
performance evaluation forms, and other related documents. Recommendations should
comply with state and federal laws and meet the contractual obligations of our bargaining
unit agreements.
2. DEI Summary Report
a. Summary Report and Recommendations
Once material is collected and analyzed, the Consultant will prepare a detailed Summary
Report, including but not limited to an analysis outlining key themes, recommendations
for incorporating actionable steps that align with the Town’s DEI goals.
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
5
The Summary Report elements are expected to include, at minimum:
• Assessment of written and unwritten programs, policies, and practices resulting
in qualitative data regarding the current work and workplace of the Town of
Tiburon, as well as stakeholder perspectives and expectations for future
organizational culture change in relation to DEI programs and practices.
• Identification and analysis of the gaps between the current and future desired
state of the organization, and opportunities to build upon. The report should
include recommendations for embedding new policies and practices into the
organization’s culture and into all function areas of the Town, including achievable
short-term action steps and sustainable, long-term goals. Goals and
recommendations should be appropriately scaled for the organization’s size and
number of employees.
• Consultant will recommend an effective training program for all staff, elected
officials and appointed officials. The proposed training program should address
the areas of improvement identified in the audit and aim to satisfy short and long-
term DEI goals. We anticipate the training program would include interactive in-
person and on-line training that has a demonstrated track record of success in
producing measurable outcomes. Alternative live training modalities will be
considered if necessitated by pandemic-related restrictions.
Submittal Requirements
Submit five (5) hard copies of the proposal in an 8 ½” by 11” format, in sufficient detail to
allow for a thorough elevation and comparative analysis and provide one (1) electronic
copy on a USB drive (PDF only). All copies, including the electronic copy shall be provided
in a sealed envelope. Proposer’s name and address should be clearly marked on the
outside of the envelope/package. Emailed or faxed proposals will not be accepted.
Submit Proposals to: Greg Chanis
Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
REVISED 01/19/2022: PROPOSALS MAY BE SUBMITTED ELECTRONICALLY IN PDF
FORMAT VIA THE TOWN’S DIVERSITY & INCLUSION TASK FORCE WEB PAGE USING THE
RFP ONLINE SUBMITAL FORM. THE FORM CAN BE FOUND USING THE LINK BELOW:
http://townoftiburon.org/373/Diversity-Inclusion-Task-Force
Proposals must be delivered no later than 5:00 PM, January 27, 2022 (Pacific Time). The
Consultant submitting the proposal is responsible for the means of delivering the
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
6
proposals to the location listed above and in accordance with the deadline. All proposals
submitted after the deadline shall not be accepted.
The proposal must include, at a minimum, the following information in sectionalized
format addressing the work detailed in the RFP:
1. Cover Letter/Executive Summary of transmittal should be included, duly signed by
an office or other person empowered to commit the Consultant to the terms and
conditions of the proposal. This letter should also address the willingness on the
part of the Consultant to utilize the Town’s Professional Services Agreement
(attached hereto). All proposers must identify in their proposal any terms and
conditions that they wish to negotiate.
2. The qualifications and experience of the Consultant team, including any sub-
Consultants, should be detailed. Please emphasize the specific qualifications and
commitment to the project by key team members. This section should also include
a detailed work plan with schedule describing how tasks will be organized and
which team member will complete it.
3. The proposal should demonstrate your team's understanding of the project and
significant steps, methods and procedures to be employed by your firm to ensure
quality end products that are to be delivered within the required time frames and
your identified budget.
4. A proposed budget to complete the work, including the hourly rates of individuals
involved.
5. Project references, with names and phone numbers of contact persons. Provide
at least 3 references from the last five years.
Questions regarding the RFP shall be submitted in writing to Suzanne Creekmore, Director
of Administrative Services, by email at screekmore@townoftiburon.org. Written
responses will be sent to all parties who have expressed an interest in applying for the
opportunity. Questions will not be accepted by phone. All questions must be received
by January 14, 2022 by 5:00 PM Pacific time.
Selection Process and Tentative Schedule
This RFP does not commit the Town to enter into a contract, nor does it obligate the Town
to pay for any costs incurred in preparation and submission of proposals or in anticipation
of a contract.
An agreement shall not be binding or valid with the Town unless and until it is executed
by authorized representatives of the Town and the proposer.
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
7
Consultants will be evaluated by the Administrative Services Department through a panel
on the following criteria:
.
• Professional competence and qualifications.
• Experience of personnel assigned to the project.
• Quality of the proposal. The proposal should clearly demonstrate the firm’s
understanding of the Town’s overall objectives in completing the work.
• Ability to produce high quality documents that are readable and that can be
published in hard copy form and electronically.
• Demonstrated ability to work with local government staff, elected officials and
appointed officials.
• Proposed budget for completing the work and ability to complete the project
within desired scheduled and budgeted cost.
• Review of references.
Respondents, if selected for an interview, should be prepared to attend an interview in
Tiburon at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. The top three to four
proposals will be invited to an interview. The interview will help to clarify each proposal
and the approach and qualifications for the project. Based upon the interview and
evaluation of the proposals, the top-ranked consultant will be selected.
Tentative RFP timeline
• RFP issued January 3, 2022
• Deadline for questions/clarifications January 14, 2022
• Proposals Due January 27, 2022
• Interviews February 10-23, 2022
• Selection of Consultant End of February 2022
• Start Project March 2022
Equal Employment Opportunity
The Town of Tiburon is committed to equal employment opportunity for all employees,
contractors, and applicants. We prohibit discrimination based upon race, color, religion,
marital status, age, national origin, physical or mental disability, medical condition,
pregnancy, genetic information, gender, sexual orientation, gender identity or
expression, veteran status, or any other actual or perceived status protected under
federal, state, or local law. Employment decisions are based on individual qualifications
and performance.
Proposal Terms and Conditions
Request for Proposal
Tiburon Diversity, Equity & Inclusion Consulting Services
8
Public Records Act
This RFP document and all submittals in response thereto are public records. Prospective
consultants are cautioned not to include any material in the proposal that is strictly
proprietary in nature.
Product ownership
All work products will become the property of the Town of Tiburon. The Town will
maintain the right to edit, update, and/or modify any and all work products at is sole
discretion. Work products may be used by the firm as reference upon the adoption of
the General Plan by Town Council.
Independent Contractor
The firm will, at all times, be an independent contractor pursuant to the contract, and
shall not, in any way, be considered to be an officer, agent, or employee of the Town of
Tiburon.
Reservations of rights
The Town reserves the right, for any reason, to accept or reject any one or more
proposals; to negotiate the terms and specifications of the proposal, and/or to modify
any part of the RFP or issue a new RFP.
Professional services agreement
All proposers must identify in their proposal any terms and conditions that they wish to
negotiate. Liability insurance is required.
Proposal costs
All costs associated with the preparation of the RFP submittals shall be borne by the
proposer. This RFP does not constitute any form of offer to contact.
Disqualification
Any of the following may be considered cause to disqualify a candidate without further
consideration:
• Evidence of collusion among proposers;
• Any attempt to improperly influence any member of the evaluation panel;
• A proposer default in any operation of a professional services agreement which
resulted in termination of that agreement;
• Existence of any lawsuit, unresolved contractual claim or dispute between
candidate and the Town;
• Evidence of incorrect information submitted a part of the proposal; and
• Evidence of proposer’s inability to successfully complete the responsibilities and
obligations of the proposal.
EXHIBIT 2
Request For Proposal (RFP)
for
Town of Tiburon
Due By:January 27, 2022
Contact Information
Email preferred for contact
Contact Person:
Y-vonne Hutchinson, CEO
E-mail Address:inbound@thereadyset.co
HQ Address:4505 S. Slauson Ave #205
Los Angeles, CA 90230
Mailing Address: 548 Market St. PMB 98302
San Francisco, CA 94104
1
Table of Contents
COVER LETTER 3
Who is ReadySet?3
Why ReadySet?4
Our Human-Centered Values 4
Our High-Touch, Data-Driven Approach 5
Our Deep Expertise and Relevant Qualifications 6
READYSET APPROACH TO ENGAGEMENT 7
Overview of Our Plan 7
Our Strategic DEI Approach: Proposed Budget and Timeline 8
Ongoing Support and Advising 10
Project Management and Support 10
NEXT STEPS 11
REFERENCES 11
2
COVER LETTER
The Town of Tiburon (the Town) is seeking proposals from qualified professional consultants to
provide diversity, equity, and inclusion (DEI) consulting services. The Town intends to select a
consulting partner to advise Town Manager, Director of Administrative Services, other Town
staff, Town Council, and Diversity and Inclusion Task Force on recommendations pertaining to
hiring, advancement, retention and training practices that align with the Town’s DEI objectives.
This document constitutes a proposal by ReadySet in response to the Town’s Request for
Proposals - Diversity, Equity, & Inclusion Consulting Services:Hiring, Advancement, Training and
Retention Policies and Procedures and communicates our acknowledgment of the Town’s
Agreement for Professional Services.
Who is ReadySet?
ReadySet is a Black Woman-owned DEI strategy, consulting, and training professional services
firm that specializes in integrating and embedding DEI strategies and practices within innovative
organizations. Founded in 2015, ReadySet has helped over 100 organizations to date in
developing a high-impact approach to diversity, equity, and inclusion. Our clients span industries
from tech to city governments and nonprofits; from small startups to social change
organizations; and from local to regional to large multinational global entities. We bring a
holistic and intersectional approach utilizing field-tested best practices and a strong emphasis on
data-driven solutions that is intrinsic to our team’s deep experience in both academia and the
field.
Our work can be separated into the following areas of expertise:
●Assessment and Data Analytics:We offer a bird's eye view of every organization. Our
assessment strategies include data and document reviews, focus groups, one-on-one
interviews, and surveys to better understand equity, inclusion, and diversity needs.
●Metrics, Benchmarking, and Impact Assessments: We help our clients develop targeted
goals and monitor the success of their DEI programs and initiatives- much like a DEI
scorecard.
●Talent Strategy: We assist teams in developing and implementing custom approaches to
recruiting, retention, and professional development through a business-informed DEI lens
that feels organic and woven into company processes. We work with leaders to
understand what organizational and cultural dynamics may get in the way of attracting,
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retaining, and promoting team members from underrepresented groups and invigorate
employees about their access to opportunity.
●Process and Policy Design:We design custom processes to create inclusive work practices
and cultures. We review, revamp and create elements such as employee handbooks,
company policies, and inclusive principles for functional practice.
●Learning and Development:We equip employees, managers,team members, and leaders
with tools to foster belonging across the organization through our workshops, trainings,
and coaching services.
●Executive and Individual Staff Coaching:We help strengthen the capacity of leaders and
front-line managers to build and manage diverse and inclusive teams. We also work with
individual contributors and members to build professional capabilities and DEI capacity.
●Communication Support: From web copy to public events,we help companies effectively
communicate internally and externally about their DEI values, goals, and programming.
●Change Management:We support individuals, managers,and executives with the tools
necessary to successfully and sustainably make the programmatic and cultural changes
necessary to become more diverse and inclusive.
●Ongoing Consulting and Advisory Services:These services can help embed DEI practices
in company practices and processes.
Why ReadySet?
Our Human-Centered Values
One of the core beliefs that we hold at ReadySet is that no social justice work can be done well
without applying the principles and outcomes we aim to achieve — including diversity, equity,
and inclusion — to the methods by which we do them. More simply said, the “how” matters just
as much as the “what.”
Our “how” comes to life in the way that we continuously seek to minimize harm, take an
intersectional lens to the work, and center people first — especially those with minoritized
identities — every step of the way. This way of doing our work and creating meaningful impact
for our clients endures because of the foundation in human-centered values that motivate
everyone at ReadySet. They are:
●Empathy:The DEI journey is deeply personal, and oftentimes charged in the work
context. We focus on the humans we are in conversation with and acknowledge shared
experiences, knowing the only way through is together.
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●Growth Mindset:The DEI journey can also mean looking at uncomfortable truths. We
encourage our clients to learn from these challenges and choose a different course of
action forward.
●Enthusiasm:DEI work is iterative and takes time and intention to do well. There is rarely a
quick fix, so you need something meaningful to keep you going. For all of us at ReadySet,
this work is our calling.
●Creativity:Our rigorous, data-focused approach, our holistic and integrated design, and
our high-touch, personalized process create the right conditions for creative thought
partnership.
●Integrity:Every organization is different, and every solution is unique.
Our High-Touch, Data-Driven Approach
While no one has perfected how to apply DEI principles to better support organizations in a
comprehensive manner, we strive for better organizational practices through:
●Emphasis on Data – ReadySet loves data. To ensure we drive successful initiatives that are
targeted, context-specific and high impact, we ground our work in data collected and
analyzed during the initial assessment process – from partnering to build or update an
organization-wide survey, to researching best practices, to one-on-one discussions with
staff – and use this information to develop a baseline to benchmark our initiatives in the
long term. By emphasizing data from the beginning of the engagement, and translating
insights into specific actions that can be taken daily, we move our clients from what
sounds good to what works.
We start our assessment process for each engagement by reviewing existing documents
and materials to accelerate our understanding of the organization. If recent survey data is
not readily available, we collaborate with stakeholders to tailor a survey to touch on key
topics or look outside the organization for evidence-based best practices, and potentially
even user testing. Our team of people scientists analyzes the data across demographic
groups with an intersectional lens for interesting insights and areas of impact, which then
helps us discover gaps and patterns to further investigate.
We value the stories and voices of the people who make your organization run. During
the qualitative phase of the assessment, we talk to members of the community across
the organization, from managers and individual contributors, across departments, and
teams to get a rich and deep understanding of root causes. This allows us to formulate an
impactful and effective strategy that focuses on both easy wins and long-term growth
areas.
●Tailored and Integrated Design – Taking into account the public sector focused context of
the Town, we know a check-the-box solution or generic audit approach won’t work. To
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scale quickly, once we have done the initial data gathering, the next step will be to dive
into strategic problem-solving work sessions with the Town’s leadership, Diversity and
Inclusion Task Force, and other key stakeholders to dig into the “why” of DEI focused
questions, and then translate this understanding into a framework for the Town’s
stakeholders. Ultimately, this approach lays the foundation for sustainable organizational
change.
●Participatory and Consultative Approach – ReadySet believes that a participatory,
consultative approach, which emphasizes collective buy-in, is most conducive for the
successful implementation of DEI work. We anticipate including a core group of the
Town’s staff, especially the Town Manager (or representative) and members of the
Diversity and Inclusion Task Force, at every stage of the engagement: data-gathering and
assessment, strategic working sessions, and recommendations development, to ensure
institutional knowledge from the ground up. Since key stakeholders have understood
each step of the journey, they know the “why” behind decisions and are able to continue
to evolve the work long after the engagement ends.
●Adaptive Learning Methods to Build Capacity – Our pedagogical approach utilizes a range
of different types of learning. We provide varying ways to learn and engage with
materials presented during any training, including written materials, presentations, and
interactive exercises. In customized training, we build individuals’ capacity through highly
interactive and experiential learning. We encourage open dialogue and group discussion.
We bring a heavy emphasis on the practical application of strategies and tools
participants can immediately implement to foster growth outside of the workshop
setting. While learning and development activities are not included in this scope of work,
we offer a wide range of learning and development offerings if needed.
Our Deep Expertise and Relevant Qualifications
Our team is diverse, and our approach is intersectional, grounded in varied academic and
business disciplines.Our seasoned network of consultants is composed of professionals with
decades of experience organizing around DEI as well as in the areas of talent strategy, learning
and development, and organizational change. Our incredibly diverse team includes a multitude
of intersecting identities and backgrounds; over half are women-identified, over half are People
of Color, and more than a third are LGBTQ+.
While CEO,Y-Vonne Hutchinson and COO,Rachel Marcuse will oversee the project as needed,
consultants and subject matter experts who will likely be part of this engagement include:
Christopher Riddick, Ed.D. - Dr. Riddick has nearly fifteen years of experience in the management
consulting industry, focused primarily on people practices, organizational development, and
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change management in the public sector, including local, state, and federal government
organizations. Chris received both his Bachelor of Arts in Public Policy Analysis and Master of
Public Administration from the University of North Carolina at Chapel Hill. He also holds a Master
of Science in Education degree from Indiana University. He completed his Doctor of Education in
Organizational Change and Leadership from the University of Southern California’s Rossier School
of Education where his dissertation focused on barriers to racial and ethnic staff diversity in
nonprofit organizations.
Jennifer Bustamante, Ph.D. - Dr. Bustamante holds both an M.A. and a Ph.D. in
Social-Organizational Psychology from Columbia University. As a People Scientist and consulting
leader with decades of experience planning, developing, and executing DEI initiatives, she has
developed data-driven strategic initiatives for clients in varied industries. She is a fluent, bilingual
(English/Spanish) strategist effective at analyzing and synthesizing data to identify cultural
challenges and develop tailored and targeted solutions. Prior to ReadySet, she served as a Talent
and Organization Consulting Manager at Accenture where she designed and implemented
organizational enhancements for numerous organizations.
(Please note that final staffing decisions will be made during the contracting phase of the
engagement should ReadySet be awarded. Additional advisory or subject matter expertise may
be pulled from the rest of the ReadySet team as the project requires. Detailed Team Bios can be
found on our team webpage.)
READYSET APPROACH TO ENGAGEMENT
Overview of Our Plan
Why this work matters:As noted in the Town’s RFP “in October 2020, the Town Council
established a Diversity and Inclusion Task Force to provide advice to the Town Council, Town
Manager, and Police Chief regarding issues of diversity and inclusion involving the Police force as
well as advice to the Town Manager and Town Council regarding ways to improve diversity and
inclusion generally in the Town of Tiburon. The Town of Tiburon is committed to advancing
diversity, equity and inclusion and addressing issues related to these areas.” If the lens of DEI is
not successfully applied and integrated into the Town’s policies, practices, and procedures the
Town runs the risk of not achieving its intended DEI outcomes.
The major outcomes and endpoints for this engagement are:
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DEI Audit and DEI Summary Report
In order to best attend to the needs of the Town and develop a sustainable and targeted
strategic plan, we propose beginning with an organizational assessment to determine the level
and characteristics of existing needs, keeping in mind the Town’s mission and context. This
understanding will inform and help in the development and execution of diverse, equitable and
inclusive values, and future strategic work. Throughout the process, ReadySet can also advise on
internal communication and procedures.
Our DEI Audit and Assessment will include the following elements:
●Document Review: ReadySet will review pertinent written materials related to the Town’s
hiring, advancement, retention, and training practices, including: Town-wide policies, the
Municipal Code, bargaining unit Memorandums of Understanding, department policies,
recruitment fliers, interview evaluation forms, performance evaluation forms, and other
related documents. Furthermore, ReadySet will review communication, employee
policies and practices, team engagement, any past anti-racism or DEI work done, and any
engagement survey data collected.
●Survey Data Analysis: ReadySet will also review and analyze results or any pertinent data
provided by the Town, including engagement surveys and demographic data related to
the Town’s workforce and community.
●Focus Groups & Interviews: To gather a deeper understanding of the Town’s current
state, ReadySet will also conduct a combination of 1:1s and focus groups with Town staff
and stakeholders to supplement the information gathered from the document and data
reviews. The interviews often give us the best information about what the acute and long
term needs and perceptions of the community are and help us prepare to effectively
develop strategy.
●DEI Summary Report Presentation:At the conclusion of the assessment, ReadySet will
provide a full findings and recommendations presentation (aka DEI Summary Report) and
align with the Town’s leadership and other key stakeholders on impact areas and next
steps toward a sustainable approach for programming and workshop content and further
strategic initiatives to address the Town’s hiring, advancement, training and retention
goals.
Our Strategic DEI Approach: Proposed Budget and Timeline
The estimated completion dates and budget for the proposed activities are as follows. Please
note that these dates and prices will be finalized as part of scoping and contracting conversations
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- this is only a sample schedule. The anticipated start date is March 2022. Additional details
regarding our projected timeline are provided below.
Organizational Assessment
(March - June 2022)
We will conduct a comprehensive organizational assessment to achieve a deep understanding of the
Town’s current cultural context, leadership vision, and specific needs, keeping in mind their values,
mission, and context. The data collected during the assessment will validate current risk areas and
identify any potential additional gaps. From that point, we will provide a baseline from which to
measure success, as well as incorporating community perceptions and fluency around DEI across the
organization.
Scope Work Process
Goal: To establish and/confirm a baseline to determine:1) gaps in the
Town’s policies, practices, and procedures pertaining to hiring,
advancement, training, and retention and 2) how identified gaps
might be addressed.
Activities will include:
●Survey and Data Analysis -- ReadySet will analyze survey results
and demographic data provided by the Town
●Stakeholder Engagement - ReadySet will conduct independent
interviews, and focus groups, to obtain additional feedback and
provide a qualitative assessment of DEI with the Town’s staff and
community stakeholders.
●Internal Equity Evaluation - The internal equity audit includes a
review of existing documents regarding hiring, advancement,
retention, and training practices.
●DEI Summary Report and Presentation:The data collected will be
analyzed to ascertain alignment with best practices, target focus
areas and assign priorities/ next steps. It will also be used to
develop program and training recommendations.
●Learning and Development Plan:Following a review of the Town’s
organizational assessment, determine what areas need culturally
competent trainings and employee engagement.
Survey and data analysis (2-4
weeks)
Internal and External Policy
Review (2-3 weeks)
Internal Equity Evaluation
(2-3 weeks)
~10-15 staff interviews and
~3-5 stakeholder focus
groups (8-10 weeks)
Analysis and synthesis of
quantitative and qualitative
data sources (4-5 weeks)
Deliverables:
●Project plan
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●Project Management: Project management activities will occur
throughout the engagement to keep the Town Manager and other
designated staff informed of progress, milestones, and next steps.
○Kick-off meeting at start of the engagement
○Weekly check-ins
○Logistics, coordination, and other project planning
needs
●Data analysis of
demographic data and
services provided
●Data visualization
(graphs) and insights for
DEI Summary Report
●DEI Summary Report
Presentation Deck
●90-minute report out to
Town leadership and
Diversity and Inclusion
Task Force
●DEI Capability Building
and Training Plan
Organizational Assessment Total:$55,000
Ongoing Support and Advising
As the work to improve, build, and embed best practices and programming related to DEI within
the Town continues, we are available to support leadership and staff in its implementation
through ongoing coaching and/or consulting hours. This may include advising on employee
engagement programs, events, incident-response, internal and external communication, policy
and process changes, and initiative development. We can also help the team benchmark and
track progress of initiatives as you scale.
Project Management and Support
The point of contact through the RFP process will be Dr. Christopher Riddick. After contracting,
the Town will be coordinating with the assigned project lead and consultant(s) directly. The Town
will provide administrative and project resources to support initial discovery and ongoing project
work, including assistance in the collection of documents, scheduling, etc.
At ReadySet, we pride ourselves on our responsiveness.We expect to be available on the
same day for urgent issues, within 24 hours for time-sensitive issues, and within 72 hours
for other email or phone correspondence. Some of our consultants are with us part-time and we
are distributed across the United States, so we ask for your flexibility with scheduling.
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NEXT STEPS
We hope this proposal addresses your needs. We look forward to talking through this proposal
with you in more detail and incorporating your thoughts and clarifications. If we reach an
agreement to move forward, we will follow-up with our standard services agreement.
REFERENCES
Due to ReadySet’s strict confidentiality policies, we are unable to share details of services or
contract amounts for past or current clients.
University of California San Francisco
(February - November 2020)
Jyothi Marbin, MD Director of the Pediatrics Leadership Program
for the Underserved
jyothi.marbin@gmail.com (510) 642-5482
Summary of Activities:Multiple customized workshops at all levels, facilitated discussions,
strategic progress evaluation, additional advisory
NextGen America
(July - November 2020)
Keith Yetter Chief Operating Officer
keith.yetter@nextgenamerica.org (805) 748-4856
Summary of Activities:ERG design, DEI Council development,executive coaching and tailored
trainings for leaders, employee trainings at all levels, HR and communications initiatives
Mercy Housing
(July - December 2020)
Jennifer Covert Director of Mission Education and Values
Integration
jcovert@mercyhousing.org (303) 830-3485
Summary of Activities:Highly tailored workshops for wide-spanning and more targeted groups,
DEI strategy and solution implementation, additional advisory
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EXHIBIT 3
Town of Tiburon 7/20 1 Agreement for Professional Services
TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 AGREEMENT FOR PROFESSIONAL SERVICES
[PROJECT NAME] [DATE] This Professional Services Agreement (the "Agreement") is dated_____, 2020 and is by and between the Town of Tiburon, a public body of the State of California ("Town") and (name of the consultant)____________________, a ______________[insert a description of the capacity of the contractor such as sole proprietorship, a California Corporation, or limited partnership] relating to __________________________ Services (“Services"). RECITALS: WHEREAS, Government Code section 53060 permit the City to enter into agreements for professional services with individuals specially trained and experienced and competent to perform those services; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows: AGREEMENT:
1. DESCRIPTION OF CONSULTANT’S SERVICES. Services are as described in the Town’s Proposals, Exhibit 1, and the following:
___________________________________________________________________________________
___________________________________________________________________________________
2. COMPENSATION FOR CONSULTANT’S SERVICES. Compensation for the Services shall be (select one):
[ ] Lump Sum of $ ______________, (with) / (without) [Circle one] progress payments; or
[ ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ .
3. EFFECTIVE DATE AND TERM.
The effective date of this Agreement is __________________ and it shall terminate no later than _________________.
4. PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall use only the personnel listed below (resumes attached) in performing the Services. (If subconsultants are used, list the firm, personnel and attach resumes).
___________________________________________________________________________
Town of Tiburon 7/20 2 Agreement for Professional Services
___________________________________________________________________________
5. TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, in accordance with the terms and conditions of this Agreement, including without limitation, terms regarding Compensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex “B”
Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions.
6. LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null and void
unless approved in writing by the Town.
7. USE OF AGREEMENT. The Agreement number must appear on all invoices and correspondence. Send invoices in duplicate to Town of Tiburon, [Department], 1505 Tiburon Boulevard, Tiburon, CA 94920, immediately upon performance.
8. For purposes of this Agreement, Town and Consultant shall direct all communications to each other as follows:
Town: [_____________________] [_____________________] 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: ( ) Fax: ( ) Email: Consultant: [NAME] [TITLE] [ADDRESS] [PHONE] [EMAIL]
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below.
TOWN OF TIBURON:
CONSULTANT:
[Name and Title of Dept. Director]
[Signature of Consultant]
Date:
[Please print name of Consultant]
Town Manager Title:
[If Corporation: Chairman, President, or Vice President]
Date:
Date:
Town of Tiburon 7/20 3 Agreement for Professional Services
Attest: [Town Clerk] Approved as to form and procedure:
Town Attorney
END OF DOCUMENT
Town of Tiburon 7/20 Annex A - 1 Purchase Order for Professional Services
ANNEX A – PURCHASE ORDER TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated __________ (“Agreement”) between the Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 1 – TERMS OF PERFORMANCE
1.01 Agreement Force and Effect. The provisions of this Agreement constitute the entire agreement between the Consultant and Town regarding the Services, shall supersede all other prior purchase orders/agreements between Consultant and Town with respect to the Services, and shall control over any inconsistent provisions in any Consultant-prepared attachments hereto. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or
written, be a part of this Agreement. Town is not responsible for Services rendered without the authority of an Agreement on this form.
1.02 Performance of Services. Consultant represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services
shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services.
1.03 Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and shall be kept in effect all times during the term of this agreement.
1.04 Progress and Coordination. Upon Town’s request, Consultant shall provide Town with progress submittals showing status of Services, at times and increments as Town may
reasonably request, and shall provide Town with a progress schedule for performance of the Services, at times and in a level of detail as Town may reasonably request. Consultant shall coordinate with Town and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.
1.05 Plans, Specifications, Reports, Deliverables. Work product under this Agreement shall be professional in appearance, comply with the requirements of this Agreement and with design
criteria established by Town, applicable laws and codes, and with all applicable professional standards. Services shall meet this standard within the agreed compensation and schedule;
services necessary to correct work product, errors or omissions in work product, shall not entitle Consultant to an increase in compensation.
1.06 No Waivers. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Town representative, or certification by any governmental entity, shall not limit
or waive Consultant’s obligations under this Agreement. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require
strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way limit or modify that party’s right thereafter to
enforce or compel strict compliance with every provision hereof.
1.07 Modifications. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Town and Consultant. Consultant’s authorized representative is the individual
signing this Agreement unless Consultant otherwise informs Town in writing.
1.08 Payment Requests. Consultant shall submit all billings with all necessary invoices, time records,
deliverables, or other appropriate evidence of performance, after which Town shall make payment at the earliest practicable time. If requested by Town to facilitate the payment process
Town of Tiburon 7/20 Annex A - 2 Purchase Order for Professional Services
and track progress, Consultant shall provide Town with an itemization of its compensation according to a Work Breakdown Structure (“WBS”) in a form Town supplies or approves (at Town’s option), that defines all Agreement tasks (Consultant’s and Subconsultants’), along with a project schedule defining the time line for each task, a project budget defining the planned man-hours and costs for each task, and a schedule of deliverables defining each deliverable to be provided to Town.
1.09 Scope of Compensation. Agreed method of compensation shall be full compensation for all Services required, performed or accepted under this Agreement, and Consultant shall not be entitled to compensation or reimbursement beyond or outside of agreed compensation. If Consultant previously commenced services within the scope of the Services, then the services performed and the compensation paid shall be subject to the terms of this Agreement.
1.010 Additional Services. Payment for Additional Services shall require a written addendum or
amendment, negotiated and signed by the Consultant and Town prior to commencing work of Additional Services, providing for the scope, schedule and terms of compensation.
ARTICLE 2 – LEGAL AND MISCELLANEOUS
2.01 No Assignment. Consultant shall not subcontract any portion of the Services or otherwise assign this Agreement without prior written approval of Town, and Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such
assignment.
2.02 Records and Audit. At Town’s request, Consultant shall make available to Town, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda,
calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Town in
connection with the Services. Consultant shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.
2.03 Independent Contractor. Consultant is an independent Contractor and does not act as Town’s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that Town provides
to Town employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding
direction apply to and concern the result of the Consultant’s provision of Services, not the means, methods, or scheduling of the Consultant’s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity
and shall pay all other taxes not specifically identified in this Agreement as Town’s responsibility.
2.04 Indemnity/Liability. To the fullest extent allowed by law (including without limitation California
Civil Code Sections 2782 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to Town), indemnify, and hold harmless the Town of Tiburon, its officers, directors,
officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including,
without limitation, economic harm, injury to or death of any person, including an employee of Consultant or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation) (collectively “Liabilities”), that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant,
anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, the Consultant shall meet and confer with other parties regarding
Town of Tiburon 7/20 Annex A - 3 Purchase Order for Professional Services
unpaid defense costs. The Consultant’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities, and in no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.
2.05 Conflict of Interest. Consultant represents and warrants that it presently has no interest, and
shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with Town that Consultant has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing Town services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) Consultant may presently have, or will have in the future,
with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter
of the Services.
2.06 Confidentiality. Any information, whether proprietary or not, made known to or discovered by
Consultant during the performance of or in connection with this Agreement for Town, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify Town in
writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to Town hereunder.
2.07 Ownership of Results. Any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, “Subconsultants”), in studies, reports, memoranda,
computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of Town. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works
shall be the property of Town. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law,
Consultant hereby assigns to Town all copyrights to such works. With Town’s prior written approval, Consultant may retain and use copies of such works for reference and as
documentation of experience and capabilities. As respects Consultant’s standard details and proprietary design instruments of service (not specific to this Agreement), however, Town shall
have only a non-exclusive but otherwise unrestricted license to use the materials prepared in connection with this Agreement.
2.08 Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race,
color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Consultant shall comply with all
federal, state and local laws (including, without limitation, all Town and Town ordinances, rules and regulations) regarding non-discrimination, equal employment opportunity, affirmative action
and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant
shall provide all information reasonably requested by Town to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that Town has the right to monitor
Consultant’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of
information known or suspected to be false or misleading.
2.09 Termination and Suspension. (i) Town may, with or without cause, direct Consultant to
suspend, delay or interrupt Services, in whole or in part, for such periods of time as Town may
Town of Tiburon 7/20 Annex A - 4 Purchase Order for Professional Services
determine in its sole discretion. (ii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of Town’s written notice to Consultant demanding such cure, in which case Consultant shall be liable to Town for all loss, cost, expense, damage and liability resulting from such breach and termination. (iii) Town may terminate performance of the Services under this Agreement in
whole, or from time to time in part, for convenience, whenever Town determines that such termination is in Town’s best interests, in which case Consultant shall be entitled to recover compensation and costs for services performed to the effective date of termination, but may recover no other cost, damage or expense. The Town may condition payment of such compensation upon the Consultant’s delivery to the Town of any and all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the Town in connection with this Agreement. Consultant shall continue its work throughout the course of any dispute, and Consultant’s failure to continue work
during a dispute shall be a material breach of this Agreement.
2.010 Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the
Town of Tiburon, County of Marin. The exclusive venue for all disputes or litigation arising out of this Agreement shall be in the Superior Court of the County of Marin, unless the parties agree
otherwise in writing. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations
for any act or failure to act shall commence to run on the date of Town’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent
defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.
ARTICLE 3 – CONSTRUCTION OF AGREEMENT
3.01 Headings. The headings in this Agreement are for convenience only and do not affect the
construction of this Agreement.
3.02 Modifications. Modifications to this Annex “A” Agreement Terms and Conditions shall not be
effective unless approved and initialed by Town’s Town Manager.
ARTICLE 4 – CONSULTANT’S PROPOSAL AND OTHER CONSULTANT-PREPARED DOCUMENTS
4.01 Exhibit 1. Exhibit 1 consists of Consultant-prepared documents (e.g., Consultant’s rate sheet and proposal, if any) attached to this Agreement for reference only, defining further the scope of Consultant’s scope of Services hereunder.
4.02 Complementary Construction. This Agreement, its Annexes and attachments (including but
not limited to the attached Exhibit 1) are deemed complementary; what is called for by one is as binding as if called for in both and shall be performed by Consultant. In the case of direct conflict, then the requirement providing Town with the broader scope of services shall have precedence.
4.03 Modifications. Exhibit 1 may not supplement, contradict or qualify Annex “A” Agreement Terms
and Conditions, except as listed below and initialed by the Town Manager.
4.04 Named Personnel and Subconsultants. It is recognized that the named personnel and Subconsultants in the Agreement are not bound by personal employment contracts to Consultant, however, Consultant agrees that reassignment of any of the named personnel or Subconsultants during the Services requires prior written approval of Town, which approval shall not be unreasonably withheld. Under no circumstances may Consultant replace personnel or
Town of Tiburon 7/20 Annex A - 5 Purchase Order for Professional Services
Subconsultants with less qualified or less experienced personnel, without Town’s written consent, which may be withheld by Town on a reasonable belief of good cause.
END OF ANNEX “A”
Annex B - 1 Purchase Order for Professional Services
ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated __________ (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”).
ARTICLE 5 – INSURANCE
Consultant’s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to Town satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance, in a form satisfactory to Town and with an insurance carrier satisfactory to Town, authorized to do business in California and rated by A. M. Best & Company A- or better, financial category size VII or better, which will protect those described below
from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of Consultant for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 5.01 Commercial General Liability Insurance
Commercial general liability insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than One
Million Dollars ($1,000,000) general aggregate and One Million Dollars ($1,000,000) each occurrence. 5.02 Business Automobile Liability Insurance CONSIDER IF APPROPRIATE FOR TYPE OF SERVICE. IF NOT, DELETE] Business automobile liability insurance with limits not less than One Million Dollars ($1,000,000) each
occurrence including coverage for owned, non-owned and hired vehicles. 5.03 Workers’ Compensation Insurance CONSIDER IF APPROPRIATE FOR TYPE OF SERVICE. IF NOT, DELETE] Workers’ Compensation Employers’ Liability limits not less than One Million Dollars ($1,000,000) each
accident, One Million Dollars ($1,000,000) per disease and One Million Dollars ($1,000,000) aggregate. Consultant’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation. In the event Consultant is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California. 5.04 Professional Liability Insurance [CONSIDER IF APPROPRIATE FOR TYPE OF SERVICE. IF NOT, DELETE] Professional Liability Insurance, either limits of not less than One Million Dollars ($1,000,000) each occurrence or claim and Two Million Dollars ($2,000,000) aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured and with tail coverage for a period of five (5) years after the completion of the Services. 5.05 Additional Insured / Waiver of Subrogation Consultant shall include Town, its officers, officials, agents, employees and volunteers as Additional Insureds under the General Liability and Auto policies, and shall supply specific endorsements for same.
Annex B - 2 Purchase Order for Professional Services
The Additional Insured endorsement under the General Liability policy will be the Additional Insured – Town, Lessees or Contractors – Scheduled Person or Organization ISO Form CG2010 with the current applicable revision date. It is acceptable that the Additional Insured endorsement to provide “where required by written contract." Consultant shall obtain a specific endorsement to its workers’ compensation insurance policy waiving all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers.
5.06 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. 5.07 Written notice of cancellation of the policies shall be mailed to Town thirty (30) days in advance of the effective date thereof.
5.08 Insurance shall be primary insurance and no other insurance or self insured retention carried or held by any named or additional insureds other than that amount Consultant shall be called upon to contribute to a loss covered by insurance for the named insured.
5.09 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of
the Agreement, shall clearly describe the coverage and shall contain a provision requiring the giving of written notice. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations.
If Consultant fails to maintain any required insurance, Town may take out such insurance, and deduct
and retain amount of premium from any sums due Consultant under this Agreement. END OF ANNEX “B”
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Diversity Inclusion Task Force
Subject: Consider Approval of the Town Council’s Statement Against Hate and Anti-Semitism Reviewed By:
_________ Greg Chanis, Town Manager
_________ Benjamin Stock, Town Attorney
SUMMARY The Council will consider approval of a statement, made on behalf of the Town Council, against hate and anti-Semitism. RECOMMENDED ACTION(S) 1. Approve the statement (Exhibit 1).
BACKGROUND
On March 9, 2022, the Diversity Inclusion Task Force discussed requesting the Town Council
make a statement condemning the recent distribution of anti-Semitic flyers to homes and the spread of hate in Tiburon. Members of the task force agreed to develop a statement for the Council’s consideration and will
provide a copy of the statement prior to the March 16 meeting. The statement will be attached as Exhibit 1. ANALYSIS
No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: AI-3
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 2
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council approve the Statement.
Exhibit(s): 1. Draft Statement Prepared By: Lea Stefani, Town Clerk
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Administrative Services
Subject: Consider Adoption of a Resolution in Support of the People and Country of Ukraine and Directing Staff to Fly the Ukrainian Flag for a Period of 30 Days. Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider adoption of a resolution affirming its support for the people and country of Ukraine, and consider directing staff to fly the Ukrainian Flag at town owned facilities for 30 days. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1).
BACKGROUND On February 23, 2022, Ukraine declared a nationwide state of emergency in response to threat of Russian invasion by military force. In the subsequent days, Russian forces entered Ukrainian territory and combatants have attempted to occupy the country since then.
At the Town Council’s regular March 3, 2022 meeting, the Council requested staff bring forward a resolution for consideration that would affirm the Council’s support for the people and country of Ukraine during this time of crisis.
Attached as Exhibit 1 is a draft Resolution for Council consideration. At the request of Councilmembers, the Resolution includes a provision directing staff to fly the Ukrainian Flag at Town owned facilities for 30 days. The Town’s Outdoor Flag Display Policy is attached for Council’s reference as Exhibit 2.
ANALYSIS No further analysis provided.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: AI-4
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 2
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council adopt the resolution (Exhibit 1). Exhibit(s): 1. Draft Resolution 2. Outdoor Flag Policy Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
Page 1 of 2
Town Council Resolution No. XX-2022 DRAFT 03/16/2022
DRAFT RESOLUTION NO. XX-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AFFIRMING SUPPORT FOR THE COUNTRY AND PEOPLE OF UKRAINE
WHEREAS, American-Ukrainian relations have long served as an example and a foundation for
security, freedom, the development of democracy, and human rights in Eastern Europe and across the globe; and
WHEREAS, Ukraine and the Ukrainian people represent a distinct culture with a long, proud history;
and
WHEREAS, self-determination is the inalienable right of all people around the world, including the
Ukrainian people; and
WHEREAS, a free and independent Ukraine is of vital importance to protecting the Ukrainian people,
their history, culture, literature, music, traditions, language, and art; and
WHEREAS, the Country of Ukraine is facing unprovoked, unrestrained, and unconscionable military
aggression from the Russian Federation, in an attempt to destroy Ukraine’s independence and territorial
integrity; and
WHEREAS, the Ukrainian people, their leadership, and their President have shown the world what it is
to lead from the front. The spirit, resolve, strength, fierce defiance, and patriotism of the Ukrainian people are to
be celebrated; and
WHEREAS, the Town of Tiburon recognizes the horrors and the humanitarian crisis that this war has
brought upon the Ukrainian people.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does
hereby condemn the violation of Ukraine’s sovereign nation borders, independence and territorial integrity, and
opposes the unnecessary and tragic loss of life this unprovoked armed conflict has caused.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon affirms our support for
the people of Ukraine and the sovereignty, independence, and territorial integrity of the Country of Ukraine.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon directs Town staff to
fly the Ukrainian National Flag on Town facilities for 30 days.
PASSED AND ADOPTED this 16th day of March, 2022 by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JON WELNER, MAYOR
TOWN OF TIBURON
ATTEST:
Page 2 of 2
Town Council Resolution No. XX-2022 DRAFT 03/16/2022
LEA STEFANI, TOWN CLERK
EXHIBIT 2
TOWN OF TIBURON OUTDOOR FLAG DISPLAY POLICY
Background:
The Town currently maintains 2 flagpoles at Town facilities. The first at Tiburon Town Hall, and the
second at the Tiburon Police Station. Town Council desires to establish a policy regarding: (1) the
outdoor display of the United States Flag, the California State Flag, and the Town of Tiburon Flag at
Town facilities; and (2) the outdoor display of commemorative flags at Town facilities.
In adopting this policy, the Town Council declares that the Town of Tiburon’s flagpoles are not
intended to serve as a forum for free expression of the public, but rather for the display of Federal,
State, and Town Flags, and any commemorative flag as may be . authorized by the Town Council as an expression of the Town Council's official sentiments.
Purpose:
The purpose of this policy is to provide procedural guidance for the outdoor display of flags at Town
facilities. Nothing in this policy is intended to control the Town's indoor display of flags, including commemorative flags, within Town facilities.
Policy:
I.Standards
Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code, and this policy.
II.Procedure
A.United States Flag, California State Flag, and Town of Tiburon Flag
1. No other flag shall be placed above the United States Flag and no other flag shall belarger than the United States Flag. Other flags may be flown at the same height and inthe same size, in accordance with this policy. Where both the United States and theCalifornia State Flags are flown, they shall be of the same size.
2.Flags should be hoisted briskly and lowered ceremoniously. The United States Flagshould be hoisted first and lowered last.
3. Flags shall be displayed during operating hours and on all days on which the Town ofTiburon is open for business, and on national and state holidays. Flags may bedisplayed twenty-four (24) hours a day as long as they are illuminated duringdarkness.
4.Flags shall not be displayed during inclement weather. However, all weather flags
may be displayed twenty-four (24) hours a day if they are illuminated duringdarkness.
5. When flags are displayed on a single pole, the order from top to bottom shall be: The
United States Flag, the California State Flag, and if displayed, the Town of Tiburon flag.
6. When the flags are flown from adjacent flag poles, the United States Flag shall be
flown at the highest point of honor, which is the furthest point to the left from thestandpoint of the observer (“the flag’s right”). The California State Flag shall beplaced in the second position of honor. The Town of Tiburon flag, if displayed, shallbe placed in the third position of honor.
7.The United States Flag and the State of California Flag shall be flown at TiburonTown Hall and at the Tiburon Police Station. The Town of Tiburon Flag may beflown at either location.
B.Commemorative Flags
1.The Town’s flagpoles are not intended to serve as a forum for free expression by thepublic. The Town shall display commemorative flags only if authorized by the TownCouncil as an expression of the Town’s official sentiments. Any such authorizationshall be given at a duly noticed meeting of the Town Council.
i.The Town Council shall only consider a request to display a commemorativeflag if the request is made by a member of the Tiburon Town Council.
2.Commemorative flags shall be displayed for a period of time that is reasonable orcustomary for the subject that is to be commemorated, but no longer than thirty-one(31) continuous days.
3.Commemorative flags displayed on any of the Town’s flagpoles shall be displayed inthe last position of honor beneath the Town of Tiburon Flag, unless otherwise
directed by the Town Council and to the extent such display does not conflict withfederal law, state law, or this policy.
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Community Development Department
Subject: Municipal Code Amendments: Introduction and First Reading of Amendments to Title IV, Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees)
Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY The Council will consider amendments to Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees). RECOMMENDED ACTION(S)
1. Hold a Public Hearing on the draft Ordinance (Exhibit 2) and consider any testimony. 2. Make a motion to read by title only and carry the motion. 3. Read the title of the ordinance.
4. Hold a roll call vote to pass first reading, waiving any additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council.
BACKGROUND In December 1991, the Town Council adopted a revamped View and Sunlight Obstruction from Trees Ordinance (“1991 Ordinance”). This followed years of mounting litigation expenses
incurred in the defense of its prior view and sunlight regulations. The 1991 Ordinance removed
the Town from direct involvement and enforcement of view or sunlight blockage issues stemming from the growth of trees, thus removing the Town from exposure to litigation over the application and/or enforcement of the regulations. The constitutionality of the 1991 Ordinance was subsequently challenged as a part of dispute between private property owners. The trial court
found the ordinance unconstitutional on its face, but that decision was reversed by a state appeals
court and the decision was published. On May 17, 2017, the Town Council amended the 1991 Ordinance through adoption of Ordinance No. 572 N.S. This amendment provided slight modifications to the 1991 Ordinance,
narrowly focused on removing binding arbitration clauses and streamlining the remedies process
without jeopardizing the validity of the view and sunlight regulations. There have been no
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: PH-1
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 3
additional modifications to the Ordinance since May 2017 and staff is unaware of any additional legal challenges to its validity. In early 2022, staff and the Council received written and oral requests from members of the public to make amendments to the Ordinance relating to the process through which parties
attempt to resolve disputes, including a redline of their requested amendments to Chapter 15 of the Tiburon Municipal Code. At the Council’s March 2, 2022 regular meeting, the Council reviewed the amendments proposed by the residents and heard feedback from the community about the proposal. At the conclusion of
their discussion, the Council directed staff to prepare a draft ordinance for consideration based on their discussion and feedback. ANALYSIS
At the March 2 Town Council meeting, the Council did not support all of the resident-proposed amendments but did agree some amendments to Chapter 15 may be warranted. The Council directed staff to prepare amendments to the existing ordinance that would require the complaining party to notify the tree owner in writing of their complaint, including the minimum amount of information the writing should include, prior to proposing mediation, and that the parties may
jointly request the Town pay for one hour of professional mediation services from a Town-provided list of professional mediators. The proposed Chapter 15 text amendments effectuating those changes are attached in redline as
Exhibit 1 and the draft Ordinance is attached as Exhibit 2. The amendments are limited to
Sections 15-9 through 15-12 of Chapter 15. The rest of Chapter 15 remains unchanged. FINANCIAL IMPACT
If Council adopts the proposed amendment language offering 1 hour of Town paid mediation,
there would be potential ongoing additional costs to the Town. However, given the lack of information regarding the number of claims/year and the hourly rate for mediators, it is very difficult to predict what those costs would be. If the change is adopted by Council, staff would anticipate proposing a modest line item ($5,000) in the Town’s Operating Budget to track the
expense.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 3 OF 3
RECOMMENDATION Staff recommends that the Town Council: 1. Hold a Public Hearing on the draft Ordinance (Exhibit 2) and consider any testimony. 2. Make a motion to read by title only and carry the motion.
3. Read the title of the ordinance. 4. Hold a roll call vote to pass first reading, waiving any additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council.
Exhibit(s): 1. Chapter 15 Redline 2. Draft Ordinance Amending Chapter 15
3. Correspondence
Prepared By: Dina Tasini, Community Development Director
EXHIBIT 1
Chapter 15 ‐ VIEW AND SUNLIGHT OBSTRUCTION FROM TREES
15‐9 ‐ Process for resolution of obstruction disputes.
The following process shall be used in the resolution of view and sunlight obstruction disputes
between parties.
(a) (a) (1) Initial reconciliation. A complaining party who believes that tree growth on the property
of another has caused unreasonable obstruction of views or sunlight from the primary living area
or active use area shall notify the tree owner in writing of such concerns. Any such writing shall
include, at a minimum, the following information:
a. A description of the nature and extend of the alleged obstruction;
b. The location of all trees alleged to cause the obstruction; and
c. The specific restorative action proposed by the complaining party to resolve the
unreasonable obstruction.
(2) The notification should, if possible, be accompanied by personal discussions to enable the
complaining party and tree owner to attempt to reach a mutually agreeable solution. If personal
discussions fail, neighborhood associations may be willing to assist with the resolution of the
obstruction dispute.
(3) For trees located on town-owned property, see section 15-16.
(b) (1) Mediation. If the initial reconciliation attempt fails, the complaining party shall propose mediation
as a timely means to settle the obstruction dispute.
(2) Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no
more than thirty days from service of notice to either accept or reject the offer of mediation. If
mediation is accepted, the parties shall mutually agree upon a mediator within twenty days of the
acceptance of mediation, or the offer of mediation shall be deemed to have been declined. Should
the parties agree to mediation, and the parties sign a waiver as approved by the Town Attorney,
the parties may jointly request from the Town a list of recommended mediators. If the Town
receives a joint request, the Town will provide a list of three recommended mediators to the
parties, and pay for one hour of the selected mediator’s time spent attempting to resolve the
disputed claim.
(3) It is recommended that the services of a professionally trained mediator be employed.
(4) The mediation meeting may be informal. The mediation process may include the hearing of
viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the
complaining party and the tree owner. Parties are encouraged to contact immediate neighbors
and solicit input.
(5) The mediator shall consider the purposes and policies set forth in this chapter in attempting to
help resolve the dispute. The mediator shall not have the power to issue binding orders for
restorative action, but shall strive to enable the parties to resolve their dispute by written
agreement in order to reduce the potential for litigation.
(Ord. No. 379 N.S., § 3 (part))
(Ord. No. 572 N.S. , § 2(F), (G), 5-17-2017)
15‐10 ‐ Tree claim preparation.
(a) In the event that the initial reconciliation process fails, and mediation is either declined by the tree
owner or fails, the complaining party must prepare a tree claim, and provide a copy to the tree owner,
in order to pursue litigation under the authority established by this chapter.
(b) A tree claim shall consist of all of the following:
(1) A description of the nature and extent of the alleged obstruction, including pertinent and
corroborating physical evidence. Evidence may include but is not limited to photographic prints,
negatives or slides. Such evidence must show absence of the obstruction at any documentable
time during the tenure of the complaining party. Evidence to show the date of property acquisition
or occupancy by the complaining party must be included;
(2) The location of all trees alleged to cause the obstruction, the address of the property upon which
the tree(s) are located, and the present tree owner's name and address;
(3) Evidence of the failure of initial reconciliation, as described in section 15-9, to resolve the dispute.
The complaining party must provide physical evidence that written attempts at reconciliation have
been made and have failed. Evidence may include, but is not limited to, copies of and receipts for
certified or registered mail correspondence;
(4) Evidence that mediation, as described in section 15-9, has been attempted and has failed, or
has been declined by the tree owner;
(5) Specific restorative actions proposed by the complaining party to resolve the unreasonable
obstruction.
(Ord. No. 379 N.S., § 3 (part))
(Ord. No. 572 N.S. , § 2(H), 5-17-2017)
15‐11 ‐ Reserved.
Editor's note— Ord. No. 572 N.S. , § 2(A), adopted May 17, 2017, repealed § 15-11, which
pertained to binding arbitration and derived from Ord. No. 379 N.S., § 3 (part).
15‐12 ‐ Litigation.
(a) In those cases where the initial reconciliation process fails, and mediation is either declined by the
tree owner or fails, then civil action may be pursued by the complaining party for resolution of the view
or sunlight obstruction dispute under the rights and provisions of this chapter relating to the issues as
specified under Section 15-9(a)(1)..
(b) The litigant must state in the lawsuit that initial reconciliation failed and that mediation was either
declined by the tree owner or failed, and that a copy of the lawsuit was filed with the town attorney. A
copy of any order or settlement in the lawsuit shall also be filed with the town attorney.
(Ord. No. 379 N.S., § 3 (part))
(Ord. No. 572 N.S. , § 2(I), 5-17-2017)
EXHIBIT 2
Page 1 of 4
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
DRAFT ORDINANCE NO. XXX N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 15 OF THE TIBURON MUNICIPAL CODE (VIEW AND SUNLIGHT OBSTRUCTION FROM TREES)
The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council adopted its current View and Sunlight Obstruction from Trees
regulations in 1991, codified as Title IV, Chapter 15 of the Municipal Code. B. The Town Council has received information that there is a need for more detailed information to be provided by a tree claimant about the scope of any tree claim prior to making an offer for mediation. Additional amendments are proposed to the
reconciliation provisions and the mediation provisions to address this need and to encourage the parties to resolve any dispute with a third party mediator. C. The Town Council held a public hearing on March 16, 2022, and has heard and considered any and all public testimony on this matter.
D. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed.
E. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare, and that the amendments will have no deleterious effect on future use of the regulations for their intended purposes.
F. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. G. The Town Council finds that adoption of this ordinance is statutorily exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061(b)(3).
Section 2. Adoption of Amendments to the Tiburon Municipal Code.
Page 2 of 4
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
Title IV, Chapter 15 of the Tiburon Municipal Code is amended as follows: A. Section 15-9 of the Tiburon Municipal Code is hereby amended to read as follows:
The following process shall be used in the resolution of view and sunlight obstruction disputes between parties. (a)(1) Initial reconciliation. A complaining party who believes that tree growth on
the property of another has caused unreasonable obstruction of views or sunlight from the primary living area or active use area shall notify the tree owner in writing of such concerns. Any such writing shall include, at a minimum, the following information: (i) A description of the nature and extent of the alleged obstruction;
(ii) The location of all trees alleged to cause the obstruction; and (iii) The specific restorative action proposed by the complaining party to resolve the unreasonable obstruction. (2) The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually
agreeable solution. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute. (3) For trees located on town-owned property, see section 15-16. (b)(1) Mediation. If the initial reconciliation attempt fails, the complaining party
shall propose mediation as a timely means to settle the obstruction dispute. (2) Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree
upon a mediator within twenty days of the acceptance of mediation, or the offer of
mediation shall be deemed to have been declined. Should the parties agree to mediation, and the parties sign a waiver as approved by the Town Attorney, the parties may jointly request from the Town a list of recommended mediators. If the Town receives a joint request, the Town will provide a list of three recommended
mediators to the parties, and pay for one hour of the selected mediator’s time spent
attempting to resolve the disputed claim. (3) It is recommended that the services of a professionally trained mediator be employed. (4) The mediation meeting may be informal. The mediation process may include the
hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the
properties of the complaining party and the tree owner. Parties are encouraged to contact immediate neighbors and solicit input. (5) The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to
issue binding orders for restorative action, but shall strive to enable the parties to
resolve their dispute by written agreement in order to reduce the potential for litigation.
Page 3 of 4
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
B. Section 15-12 of the Tiburon Municipal Code is hereby amended to read as follows:
(a) In those cases where the initial reconciliation process fails, and mediation is either declined by the tree owner or fails, then civil action may be pursued by the complaining party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this chapter relating to the issues as specified in writing under Section 15-9(a)(1).
(b) The litigant must state in the lawsuit that initial reconciliation failed and that mediation was either declined by the tree owner or failed, and that a copy of the lawsuit was filed with the town attorney. A copy of any order or settlement in the lawsuit shall also be filed with the town attorney.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in full force and effect thirty (30) days after the date of
adoption. Pursuant to the provisions of the California Government Code, a summary of this
ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15)
days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on March 16, 2022, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on ______, by the following vote:
AYES: COUNCILMEMBERS:
Page 4 of 4
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
______________________________ JON WELNER, MAYOR
TOWN OF TIBURON ATTEST: __________________________________
LEA STEFANI, TOWN CLERK
EXHIBIT 3
From:david@masonbarker.com
To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Cc:Greg Chanis; Benjamin Stock; Lea Stefani
Subject:View & Sunlight Ordinance
Date:Wednesday, March 9, 2022 10:26:36 AM
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Dear Mayor, Vice Mayor & Councilmembers
Following the discussions of the View & Sunlight Ordinance at the March 2 Council Meeting, I havethe following comments which I hope you will take into account during consideration of possiblechanges.
While I continue to believe that no change in the current policy is required, I am particularlyconcerned that the guidance given to staff on a possible change seemed to suggest thatdocumentation provided by the complaining party during the initial reconciliation process shouldinclude items b 1 &2 of the current tree claim description. This places an unreasonable burden onthe complaining party in a situation where the owner is recalcitrant.
Item b 2 states that the claim shall include “The location of all trees alleged to cause the obstruction,the address of the property upon which the tree(s) are located, and the present tree owner's nameand address;”. Consider the following situations, all of which I have seen in practice:
A. The complaining party’s property is not adjacent to the tree owner’s property, but a group oftrees have grown up to intrude on the claiming party’s protected view. The trunks of the treesare not visible to the complaining party because of fences or intervening structures so thecomplaining party cannot tell how many trees are involved or where exactly they are locatedon the property. Failure to correctly identify the number or location of the relevant treescould be argued by a recalcitrant owner as grounds for dismissal of the claimB. The complaining party can see a line of trees which intrude on the protected view but isunaware that a second line of trees has grown up behind the first set that also intrude on hisview. The tree owner may then agree to trim the first line of trees and claim to be incompliance but still make no improvement of the complaining party’s protected view.
In either situation, the owner may use the provisions of item b2 to refuse to even start discussionsand reject the whole of the rest of the process. Although this may also be an issue at the litigationstage, by that time the complaining party will have legal help to address the issues. Accordingly, Ibelieve that, if some form of written notice is required at the initial reconciliation stage, it should befocused on the protected view not the specific trees (this idea was mentioned during Councildiscussion but seemed to get lost when guidance was provided to Staff). Clause 15.9 a1 alreadyseems to adequately provide for this but if additional specificity is thought desirable, maybe part ofitem b1 only would be one way to express this.
I would also point out that an increasing number of properties in Tiburon seem to be owned byabsent owners under LLC names and the address and responsible party are often hard for theuninitiated to find. Therefore, the written documentation should be considered complete if theproperty address only is included and documentation is delivered to the property address.
On a more general point, disputes such as these often involve one party with deep pockets and aconsiderable knowledge of legal and negotiating strategy and a second party with no suchadvantages. In such situations, the better resourced party will often try to maximize the cost of theprocess in order to win a better negotiated settlement or force the other party to concede. I do notknow if this is true of the dispute that triggered the request for change but in any case, no processwill fully correct this asymmetry of advantage, but the simpler the process with the least number ofhoops to get through, the less opportunities there are for such tactics.
Finally, on the suggestion that the Town should provide access to trained mediators I believe thiswould be helpful in addressing the asymmetry issue discussed above. Many parties may simply notknow where to turn for mediation help (beyond the neighborhood association) and be pressuredinto accepting the selection of those who may have better contacts (this seemed to be referred to inthe Reedlands situation). Even if the Town is unwilling to subsidize the costs of mediation, it wouldbe helpful if the Town were to offer a list of 3-4 professional mediators with knowledge of viewissues and tree science.
Thank you
David Barker
Tiburon Town Council
March 16, 2022
PH-1: Municipal Code Amendments
Late Mail
Requests for Copies:
Lea Stefani, lstefani@townoftiburon.org
APPEAL TO TIBURON TOWN COUNCIL RE: TREE ORDINANCE
I would like to request/suggest that the Tree Ordinance be revised by the Town Council.
Specifically 15-1 which states:
(1) Establish the right of persons to preserve views or sunlight which existed at
any time since they purchased or occupied a property from unreasonable
obstruction by the growth of trees.
This section is vague and should be clarified and re-written and could be interpreted in
unreasonable ways.
I am in active litigation, having been sued by my neighbor over my trees. The owner
acquired her property from her father in 2019. She claims she moved back home in
2005. Her current resume shows that she lived in other parts of the state and abroad
over the years, but her attorney contends her view rights apply to when she lived in
the home before becoming an adult and claims the view ordinance protects a 1979
view. The ordinance should be clarified so that it is not susceptible to this absurd
interpretation.
Another problem is whether the ordinance should be interpreted to protect “the best
view” that ever existed; in other words, can a view claimant argue that the temporary
or involuntary removal of trees or landscaping on neighboring property creates a view
entitlement because that temporarily improved view “existed at any time they …
occupied the property.” This would be a poor result since homeowners do lose trees,
like to drought, and sometimes landscaping needs replacement.
When my neighbor purchased the home in 1979 he requested approval of a variance
to come within 6 ft. of my property line with very large windows and the Town
approved the request. He agreed to plant additional trees to restore privacy to my
property and the landscaping promise was an important reason why the Town granted
the unusual variance.
After the neighbor’s construction was done, I maintained trees between the two homes
to come up to mid-height of the large windows on my neighbors’ property. That way
anyone looking through the windows, sitting or standing in the neighbors’ house, could
see the Bay view. For my property, those trees provided privacy for my home and
when using the back yard.
Now, after the drought and dying trees, there is no privacy and the owner is insisting
that the loss of trees between the properties establishes a new view standard.
At one time my kids practiced their acrobatics, had picnics, and had friends over to
visit in the yard. Now they no longer do that because there is no sense of privacy in
the yard. Thy feel they live in a fish bowl.
Please see photos below of the large windows overlooking the yard. The neighbor’s
house and windows extend the entire length of the yard. The tree loss and the
demand that these windows have no vegetative screening between the properties has
rendered the yard not useable.
From the beginning of time (cavemen) to present day (Ukraine) one’s home has been
a source of shelter, safety, security, and privacy. This is further substantiated by
Maslow’s Hierarchy of Needs (pyramid). I hope the Town will agree with me that
these values should be honored.
Finally, I would like to request that view complaints be reviewed by the Town in the
same way that they review and make decisions on adjustment to property line setback
requests, i.e., make a site visit to the property and hear both homeowners’ testimony
on the situation before making a decision. The present system requires each side to
hire lawyers and can take years. Please form a group to hear these complaints to
make consistent fair and streamlined decisions.
Thank you for your time and consideration.
Sincerely,
M. Fox
You don't often get email from walleyworld2@comcast.net. Learn why this is important
From:Greg Chanis
To:Lea Stefani
Subject:FW: Thank You
Date:Wednesday, March 16, 2022 9:54:57 AM
Greg Chanis, Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920 / (415) 435-7383
From: ROBERT WALLEY <walleyworld2@comcast.net>
Sent: Tuesday, March 15, 2022 8:15 PM
To: Greg Chanis <gchanis@townoftiburon.org>
Subject: Thank You
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
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Dear Mr. Greg Chanis,
Can you I ask you to print this and pass out at Council meeting tomorrow .
Can we request to be addressed first with PH-1 March 16?
Robert and Wendy Walley
Dear Mayor and Members of the Town Council,
We are writing to express our appreciation and support of the Town’s review and
amendment(s) to the Tree & View Ordinance (Ch 15 – “View and Sunlight
Obstructions from Trees”). Although this ordinance has evolved over the past 20+
years, residents’ experiences over the recent past affirms that there is still work to bedone to ensure the ordinance reflects practical and reasonable application.
We want to also thank the board of directors of our ReedlandsProperty Owners Association, especially Unit Chair Dr. Bob Nadjibi
and president Lalita Waterman, for correctly identifying that this is not just "Our
Problem" in the Reedlands but rather this is a problem of community-wide
importance.
We are deeply grateful for the Council's understanding that, fundamentally, a tree
claim should be made before a demand for mediation. However, we don't think that
residents should be put in a position where a tree claim is made on Day One, and a
demand for mediation is made on Day Two. We urge the Council to consider
including a reasonable time interval between the date on which a Tree Claim is made
and the date on which a Demand for Mediation is made. This would give tree owners
a reasonable opportunity to understand the view claim and its application to local
practices and/or the law. Reasonable time is necessary to work with stakeholders aswell as potential consultants, including: arborists, historians, local HOA
representatives, among others. This intermediary step that is not part of the current
ordinance could potentially alleviate the substantial costs and conflict associated with
neighbor disputes, including costly mediation.
We hope that these minor changes will make things a lot less stressful and expensive
for everybody. Accordingly, we ask that the Council not only adopt changes to the
existing ordinance, but that the Council also make such changes applicableretroactively to any pending claims arising under the ordinance.
Sincerely,
Robert and Wendy Walley
Peter Brooks
54 Claire Way
Tiburon, California 94920
415-902-3166 / BrooksTreeCare@gmail.com
Tiburon Town Council,
It has been brought to my attention that a change to the tree ordinance may be in the
works.
As a lifelong resident and locally practicing Arborist for over 40 years, I am intimately
aware of the origins and use of the Tiburon Tree Ordinance. I spent several years
settling the last tree ordinance that used the town’s powers to settle tree verse view
complaints and was involved with the writing of the current ordinance.
The intention of the first ordinance was to facilitate view preservation in a neighborly
way by establishing a municipal code granting homeowners the right to the view they
enjoyed at the time of purchasing their home. Since there was no financial burden on
the ‘view holder’ to settle for anything less than a strict interpretation of the ordinance it
quickly became untenable and the Town was compelled to remove itself from acting as
the ordinance enforcement mechanism. This dynamic is what prompted the writing of
the current Tree Ordinance. I would add that the idea of having such a thing as a tree
ordinance was quite novel at the time, akin to Belvedere’s leaf blower ban being one of
the first in the state.
The ordinance’s prime concern was and is, ‘View Preservation’ not tree preservation.
However, since the adoption of the Tiburon’s Heritage Tree ordinance the two
ordinances are used concurrently to facilitate view preservation, privacy and best
practices for tree pruning.
The concept for many years was to have neighbors discuss their concerns in a cordial
manner, often with or after consulting a contracting arborist to establish the projects
objectives and agreeable work order with associated access and insurance coverage
concerns adequately addressed, this was considered to be ‘Mediation’ as described in
the town’s ordinance. To my knowledge there has never been a specific set of time line
parameters to accomplish the mediation. I always advised my clients that until they
received a hard ’NO’ the mediation process was still ongoing and as I understood the
process they could not proceed to offer binding arbitration or the next step, litigation.
As the years have passed the original intent of establishing a right to view preservation
amended to preserve the integrity of heritage trees has now been weaponized by
lawyers and real estate agents and tree professionals for monetary gain with no regards
to the residents of the community. The abuse of the ordinance has been shocking and
embarrassing to me as an Arborist and a citizen.
I strongly believe that view preservation is an important part of maintaining property
values. I am equally concerned with proper tree care and preservation as an important
component of property values. As a tree service contractor, I am concerned with timely
resolution of tree disputes. With all that understood, I believe that a fair and reasonable
amount of time be allowed for the ‘Mediation’ process to proceed. It often takes weeks
to months for a tree owner to arrange time to consult with experts when considered with
the many issues that residents have in their busy lives. Trees grow relatively slowly and
are often seen as a less pressing concern for tree owners who are usually unaware of
the upper canopy of their trees since they are unchanged at their vantage point. I
believe a reasonable time frame needs to be established within the tree code to
facilitate mediation. In my experience I would opine three months to reach agreement
before any arbitration or litigation could be requested. Furthermore, I feel a tree owner
should be allowed to represent themselves without threat of penalty of responsibility for
paying the law suit cost of the complaining party. As it stands that is a common cudgel
used by attorneys to force their clients wishes on tree owners. It’s reprehensible and
abusive to the original intent to the view preservation code as written by the town after
many meetings with the Town Council.
Peter Brooks
Tiburon
Brooks Tree Care
Certified Arborist 319
CCL 660478
You don't often get email from tgoclca@gmail.com. Learn why this is important
From:Dina Tasini
To:Lea Stefani
Subject:FW: In Support of Robert and Wendy Walley"s recommendation
Date:Wednesday, March 16, 2022 11:52:08 AM
Late mail?
Dina Tasini
Director of Community Development
Town Of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
(415) 435-7393
www.townoftiburon.org
From: Courtney Anderson <tgoclca@gmail.com>
Sent: Wednesday, March 16, 2022 10:44 AM
To: Dina Tasini <dtasini@townoftiburon.org>
Subject: Fwd: In Support of Robert and Wendy Walley's recommendation
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
To: Dina Tasini, Director of Development
For your information
Thank You for your Service to Tiburon and Best Regards,
Courtney and Sandy Anderson
110 Solano St
Home: (415) 435-3224
Direct: (415) 384-3041
Mobile: (415) 299 0045
To: <askalicenow@usa.net>, Holli Thier <hollithier@gmail.com>, <jryan@townoftiburon.org>,
<jwelner@mintz.com>, <noahgriffinlifeforce@gmail.com>, <mercjfr@hotmail.com>
Dear Mayor and Members of the Town Council,
We are writing to express our support of Robert and Wendy Walley's
recommendation of a minimum time period between a Tree Claim and a Demand
for Mediation in the Tree & View Ordinance.
We write with appreciation of the Town’s review and amendment(s) to the Tree &
View Ordinance (Ch 15 – “View and Sunlight Obstructions from Trees”). Having
suffered through a Tree View Binding Arbitration, we are particularly grateful of the
Town's past removal of the Arbitration Clauses as a potential remedy.
The cost of private mediation is so high, really astronomical, that we have always
feared that the Tree and View Ordinance would bankrupt many of older Tiburon
residents living on a fixed income.
We support Robert and Wendy Walley's recommendation of a reasonable period, and
personally recommend at least 6 months, between a formal Tree View Claim and any
Demand for Mediation.
Our personal experience is that we received notification from a neighbor's attorney
that our trees blocked our neighbor's view, an issue of which we were completely
unaware. There was a demand for mediation in the same letter.
These demands to mediate continued from our neighbor's new attorney without
pause, even though we offered ten times to remove the obstruction without the need
for costly and time consuming mediation.
Our very first response was that we had no interest in blocking any neighbors' views.
We continued to offer to sit down with the neighbor and their attorney and discuss any
obstruction and fix the problem immediately. But we were never given the chance.
The Tree & View Ordinance provides excellent guidance that discussion between the
two parties must be shown to have taken place, and proof must be provided by the
complaining party. However, this requirement is easy to circumvent by the
complaining party's attorney.
We hope that the Mayor and Members of the Town Council implement a fixed time
period between Tree View Claim and Demand for Mediation to protect older Tiburon
residents on a fixed income and younger Tiburon families with limited resources. Thiswill further improve the Tree & View Ordinance and help ensure a
cooperative discussion between the parties that hopefully leads to resolution without
the need for private mediation.
Thank You for your Service to Tiburon and Best Regards,
Courtney and Sandy Anderson
110 Solano StHome: (415) 435-3224
Direct: (415) 384-3041
Mobile: (415) 299 0045
KEY: black is language in existing ordinance
Red is new language proposed by Town staff
Purple is additional language proposed by Dr. Walley & the RPOA
Chapter 15 ‐ VIEW AND SUNLIGHT OBSTRUCTION FROM TREES
15‐9 ‐ Process for resolution of obstruction disputes.
The following process shall be used in the resolution of view and sunlight obstruction disputes
between parties. (a) (1) Initial reconciliation. A complaining party who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from the primary living area or
active use area shall notify the tree owner in writing of such concerns. Any such writing shall
include, at a minimum, the following information:
a. A description of the nature and extendt of the alleged obstruction, including
pertinent and corroborating physical evidence. Evidence may include but is not limited to
photographic prints, negatives or slides. Such evidence must show absence of the obstruction at any documentable time during the tenure of the complaining party. Evidence to show the date of property acquisition or occupancy by the complaining party
must be included.
b. The location of all trees alleged to cause the obstruction; and
c. The specific restorative action proposed by the complaining party to resolve the
unreasonable obstruction. (2) The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution. If personal
discussions fail, neighborhood associations may be willing to assist with the resolution of the
obstruction dispute.
(3) For trees located on town-owned property, see section 15-16.
(4) Any party who fails to comply with the requirements of Section 15-9(a)(1) hereinabove
shall be responsible for the reasonable expenses and attorneys’ fees incurred by the opposing
party in obtaining compliance.
(b) (1) Mediation. In the event that the dispute remains unresolved for a period of 90 days
following delivery of the items described at 15-9(a) to the Tree Owner, If the initial reconciliation attempt fails, the complaining party shall propose mediation as a timely means to settle the obstruction dispute. (2) Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall
have no more than thirty days from service of notice to either accept or reject the offer of
mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within
twenty days of the acceptance of mediation, or the offer of mediation shall be deemed to have
been declined. Should the parties agree to mediation, and the parties sign a waiver as approved
by the Town Attorney, the parties may jointly request from the Town a list of recommended mediators. If the Town receives a joint request, the Town will provide a list of three recommended mediators to the parties, and pay for one hour of the selected mediator’s time
spent attempting to resolve the disputed claim.
(3) It is recommended that the services of a professionally trained mediator be employed.
(4) The mediation meeting may be informal. The mediation process may include the hearing of
viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the complaining party and the tree owner. Parties are encouraged to contact immediate neighbors and solicit input.
(5) The mediator shall consider the purposes and policies set forth in this chapter in attempting
to help resolve the dispute. The mediator shall not have the power to issue binding orders for
restorative action, but shall strive to enable the parties to resolve their dispute by written
agreement in order to reduce the potential for litigation.
(Ord. No. 379 N.S., § 3 (part)) (Ord. No. 572 N.S. , § 2(F), (G), 5-17-2017)
15‐10 ‐ Tree claim preparation.
(a) In the event that the initial reconciliation process fails, and mediation is either declined by the
tree owner or fails, the complaining party must prepare a tree claim, and provide a copy to the tree owner, in order to pursue litigation under the authority established by this chapter. (b) A tree claim shall consist of all of the following:
(1) A description of the nature and extent of the alleged obstruction, including pertinent
and corroborating physical evidence. Evidence may include but is not limited to photographic
prints, negatives or slides. Such evidence must show absence of the obstruction at any
documentable time during the tenure of the complaining party. Evidence to show the date of property acquisition or occupancy by the complaining party must be included; (2) The location of all trees alleged to cause the obstruction, the address of the property
upon which the tree(s) are located, and the present tree owner's name and address;
(3) Evidence of the failure of initial reconciliation, as described in section 15-9, to resolve
the dispute. The complaining party must provide physical evidence that written attempts at
reconciliation have been made and have failed. Evidence may include, but is not limited to, copies
of and receipts for certified or registered mail correspondence; (4) Evidence that mediation, as described in section 15-9, has been attempted and has failed, or has been declined by the tree owner;
(5) Specific restorative actions proposed by the complaining party to resolve the
unreasonable obstruction.
(Ord. No. 379 N.S., § 3 (part))
(Ord. No. 572 N.S. , § 2(H), 5-17-2017)
15‐11 ‐ Reserved. Editor's note— Ord. No. 572 N.S. , § 2(A), adopted May 17, 2017, repealed § 15-
11, which
pertained to binding arbitration and derived from Ord. No. 379 N.S., § 3 (part).
15‐12 ‐ Litigation.
(a) In those cases where the initial reconciliation process fails, and mediation is either declined by
the
tree owner or fails, then civil action may be pursued by the complaining party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this chapter relating to the issues as specified under Section 15-9(a)(1)..
(b) The litigant must state in the lawsuit that initial reconciliation failed and that mediation was
either declined by the tree owner or failed, and that a copy of the lawsuit was filed with the town
attorney. A copy of any order or settlement in the lawsuit shall also be filed with the town
attorney.
(Ord. No. 379 N.S., § 3 (part))
(Ord. No. 572 N.S. , § 2(I), 5-17-2017)
URGENCY ORDINANCE
Section 15-10 – Tree claim preparation with 90-day safe harbor provision
a) In the event that the initial reconciliation process fails, and mediation either is
declined by the tree owner or fails, the complaining party MUST prepare a tree
claim, and provide a copy to the tree owner, at least 90 days in advance of
making a demand for mediation in order to pursue mediation and/or litigation
under the authority established by this chapter. The purpose of this 90-day
“safe harbor provision” is to give the tree owner sufficient time to take
appropriate corrective action and/or prepare for mediation so that
mediation will have the highest likelihood of success.
b) A tree claim shall consist of ALL of the following:
1) A description of the nature and extent of the alleged obstruction,
including pertinent and corroborating physical evidence. Evidence may
include but is not limited to photographic prints, negatives or slides.
Such evidence must show the absence of the obstruction at any
documentable time during the tenure of the complaining party.
Evidence to show the date of property acquisition or occupancy by the
complaining party must be included.
2) The location of all trees alleged to cause the obstruction, the address of
the property upon which the tree(s) are located, and the present tree
owner’s name and address;
3) Evidence of the failure of initial reconciliation, as described in section 15-
9, to resolve the dispute. The complaining party must provide physical
evidence that written attempts at reconciliation have been made and
have failed. Evidence may include, but is not limited to, copies of and
receipts for certified or registered mail correspondence;
4) Evidence that mediation, as described in section 15-9, has been
attempted and has failed, or has been declined by the tree owner.
4) Specific restorative actions proposed by the complaining party to resolve
the unreasonable obstruction.
5) Any complaining party who fails to comply with the requirements
of this Section shall be responsible for the reasonable expenses
and attorneys’ fees incurred by the tree owner in obtaining
compliance.
6) The provisions of this Section shall be effective as of the date
hereof.
From:George Landau
To:Lea Stefani
Cc:Patti Pickett
Subject:Fwd: View and Sunlight Ordinance
Date:Wednesday, March 16, 2022 2:15:27 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good Afternoon Lea,A few minutes ago I asked Patti to send my email for the 'public discussion' of the View
Ordinanceto the Council Members.
It just occurred to me that perhaps you should also be one of the recipients.Since I have your email address I am sending you directly a copy of my 'thoughts'.
Hopefully someone will read them as it is doubtful if I will be able to attend (even by zoom)Best Regards,
George Landaugeorgelandau1@gmail.com
415-435-7051cell 415-571-4145
---------- Forwarded message ---------From: George Landau <georgelandau1@gmail.com>
Date: Wed, Mar 16, 2022 at 2:04 PMSubject: View and Sunlight Ordinance
To: Patti Pickett <ppickett@townoftiburon.org>Cc: <david@masonbarker.com>
Dear Patti,Please forward this email to the the correct person so that it arrives in time to be read
at this evening's Town Council Meeting.Thank you very much!
Best Regards,George
415-435-7051 and cell 415-5714145
Dear Mayor, Vice Mayor and Councilmembers,
I wish to add to the 'Public Comments' tonight by supporting the opinions expressed by David
Barker in his email to you on March 9, 2022.
By way of introduction this summer will be 50 years since I reside in the same house on 82Sugar Drive.
My house has a 'Bridge to Bridge' view which I will be the first to admit is very dear to meand as such I protect it by mutual agreement from being blocked by the growth of trees on the
property of my across the street neighbor.
In the past, when our Homeowners Association was involved in View disputes I was askedto Mediate the problems between and on behalf of some of our Members.
As a result I participated in the drafting of probably the very 1st Ordinance on this subject so
that there would be a Town Policy in place.Over the years the Ordinance has been modified to deal with the procedures to make this
realistically possible. In an ideal world neighbors whose trees block these views would be understanding and 'do the
right thing'. Unfortunately as we all know this is not always the case.
Adding to the problem is that frequently the owner of the 'offending tree(s)' is financiallycapable of stalling the process by various 'legal means' thus exhausting both financially and
emotionally the 'complaining neighbor/owner.
In my opinion the request for 90 days instead of the current 20 days only adds to anunnecessary delay of dealing with the reality of the situation.
In summary having reviewed the 9 March article in the The Ark as well as the 'packet' fortonight's meeting I wish to support the thoughts expressed to you by David Barker in his
email of March 9, 2020.
Thank You in Advance for Your Consideration of this point of view.
Best Regards,
George Landau
georgelandau1@gmail.com415-435-7051
cell 415-571- 4145
--
Best Regards,
George
415-435-7051
415-571-4145 cell phone
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Administrative Services
Subject: Discuss Development of a Town Council Rules & Protocols Manual
Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY The Council will discuss development of a Town Council Rules & Protocols Manual for the operations of the Town Council. RECOMMENDED ACTION(S) 1. Discuss whether the Council would like to move forward with development of a manual and provide direction on next steps.
BACKGROUND
Many cities and towns have adopted detailed rules and protocols manuals specifically dedicated toward their elected City or Town Council operations. These rules serve to provide a framework on how matters are addressed between the Council, staff and the public, and provide for a consistent operation of the legislative body.
The Council has the authority to adopt its own set of operational rules, and the discretion to make the manual as detailed as it would like. For comparison purposes, staff has attached the Council rules and protocols manuals of several other Marin County jurisdictions (Exhibits 1-6). ANALYSIS
Tonight, the Council will discuss the possible creation of its own rules and protocols manual. Manuals often include some introductory context about the role and powers of the Council, regular meeting times and dates, relationships with staff and each other, and general best practices for agenda preparation, meeting attendance and discussion.
Additionally, the Council could determine and include protocols about a variety of more detailed topics, including but not limited to:
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting March 16, 2022
Agenda Item: DI-1
Town Council Meeting March 16, 2022
TOWN OF TIBURON PAGE 2 OF 2
• Procedure for connecting inquiring residents to Council members
• Meeting agenda setting
• Standing and ad hoc committee appointments
• Use of Town letterhead
• Citizen correspondence distribution related to meetings; distribution of late mail
• Establish public speaker time limits
• Mayor’s proclamations and/or ceremonial resolutions
• Establish a meeting end time or annual meeting calendar
• Responding to press or resident inquiries as an individual vs. representing the Council
The Council could also further memorialize existing Town Council policies (such as the Town Council appeal or appointments procedures) or common practice (such as the Council’s procedural order for hearing each agenda item).
FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town.
CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council discuss whether the Council would like to move
forward with development of a manual and provide direction on next steps.
Exhibit(s): 1. Corte Madera Manual
2. Larkspur Manual 3. Mill Valley Manual
4. Ross Manual 5. San Anselmo Manual
6. Sausalito Manual
Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
RESOLUTION NO. S3I2OI7
A RESOLUTION OF THE TO\ryN COUNCIL OF THE TOWN OF CORTE
MADERA ADOPTING THE CORTE MADERA TO\ryN COUNCIL RULES AND
PROCEDURES DATED DECEMBER 5,2017
\THEREAS' it is the desire of the Town Council of the Town of Corte Madera that revised
rules and procedures for the conduct of Council business be adopted and implemented; and
WHEREAS, over the years Councilmembers have established policies for the conduct of
Council business by adopting resolutions and taking action on motions made at council meetings.
NOW THEREFORE BE IT RESOLVED,
1. All previous policies established by Council action and all resolutions, including
but not limited to resolution numbers 1560,2255,2443, 2116,3085, 3258 and 3278 adopted
setting forth procedural rules, are hereby rescinded.
2. That the Town Council of the Town of Corte Madera, in accordance with Section''1'0.2 of the Town Council Rules and Procedures does hereby adopt tire attached document entitled
.l'ıofte Madera Town council Rules and Procedures", dated Decémber 5,2017.
This resolution was introduced on the lTth day of October ,2017 , discussed by the Town
Council on the 7th day of Novemb er, 2017 and adopted on the 5th day of Decemb er, 2017 by the
following vote:
,1.:f***t**rl.*
Andrews, Bailey, Condon, Furst, Ravasio
- None -
- None -
- None -
APPROVE
hl-
DIANE FURS
MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
"ATTEST:lf
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
TowN
HN
ATTACHMENT
Revised Town Council Rules and Procedures
2
CORTE MADERA TOWN COUNCILI
RULES AND PROCEDURES
Introduced: l0ll7ll7 & lll07ll7 Adopted: 12105/17
Resolution No.: 53/2017
TABLE OF CONTENTS
4.3
4.4
4.5
4.6
4.7
4.8
PAGE
Authority..........
1.1 State Law
2. General Council Rules
2.1 Councilmembers
2.2 Presiding Officer
2.3 Council Office
2.4 Council Communications
2.5 Ballot Measures, Resolutions, Proclamations and Letters of Support........
3 Citizens'Rights
3.1 Attendance of Media at Council Meetings
3.2
3.3
3.4
3.5
Addressing the Council................
Manner of Addressing the Council - Time Limit...
Disruptive Behavior...
V/ritten Communication .........
4 General Rules for Meetings......
4.1 Meeting Location...
4.2 Meetings to be Public
Council Deliberation..........
Quorum and Majority Vote
Record of Proceedings .......
Right of Floor
Town Manager...
Town Attorney...
4.9 Town Clerk
4.10 Officers and Employees...........4.ll Rules of Order....
Types of Meetings .......
5.1 Regular Meetings
5.2 Special Meetings.
1As the Corte Madera Town Council also serves as members of the Sanitary District #2
Board, these regulations also apply to this Board.
I 5
5
5
5
5
5
5
5
5
6
6
6
6
6
6
7
7
7
7
7I
8
8
8
8
8
8
9
9
9
Page I
5.3
5.4
5.5
5.6
6.2
6.3
6.4
6.5
7.6
8.5
8.6
8.7
8.8
Emergency Meetings
Adjourned Meetings'Workshops/Study Sessions...........
Closed Session.....
9
9
9
10
6. ConductofMeetings..............
6.1 Call to Order
Preservation of Order.
Points of Order....
Questions to be Stated
Public Hearing
Ordinance Deferred and Emergencies
Reading by Title Only .........
Recording of Votes
Majority Vote Required...........
10
10
..10
..10
..10
..10
l
8
Order of Business and Agenda.............
7.1 Order of Business
1.2 Changes to the Order of Business................
7.3 Agenda.....
7.4 Request from the Public to Place Items on Agenda
7.5 Preparation of Minutes
Adjournment.......
Ordinances, Resolutions and Motions
8.1 Form.........
8.2 Ordinances: Confined to One Subject: Exceptions
8.3 Town Attomey to Approve
8.4 Distribution of Ordinances .........
13
l3
l3
13
13
13
l3
T4
t4
t4
t4
T4
8.9 Tie Vote
8.10 Numbering Ordinances and Resolutions
8.11 Ordinance Passage Procedure
8.12 Legal Opinions.
8. 13 Motions to Reconsider..........
9. Appointment to Town Boards and Commissions.....
10. Suspension and Amendment of These Rules.....
10.1 Suspension of These Rules
1 0.2 Amendment of These Rules.................
............r4
............15
.. l5
15
15
1611Code of Ethics/Standards of Conduct...........
Page2
INTRODUCTION
This handbook has been prepared to orient you with the functions and activities of the Corte
Madera Town Council. The handbook is designed to aid you in fulfilling the responsibitities
you have accepted.
Page 3
BOARDS AND COMMISSIONS
Chapter 2.06 of the Corte Madera Municipal Code provides for the establishment of Town Boards
and Commissions. At the present time the following have been est¿blished.
Standing Boards and Commissions
Planning Commission
Parks and Recreation Commission
Flood Control Board
Disaster Council
Bicycle Pedestrian Advisory Committee
Sales Tax Citizens' Oversight Committee
Page 4
1 AUTHORITY
1.1 State Law: As provided by California Government Code Section 36813, the Town
Council ("Council") of the Town of Corte Madera niay determine its own rules of
procedure for meetings. The following set of rules shall be in effect upon its
adoption by the Council and until such time as it is amended or new rules adopted
in the manner provided by these rules.
2 GENERAL COUNCIL RULES
2.1 Councilmembers: Councilmembers are residents of the Town who are elected by
the voters or appointed by the Council to fill a vacancy as provided by law. They
generally serve as the Town's policy makers for terms of four years.
2.2 Presiding Officer: The Presiding Officer of the Council shall be the Mayor, and in
the Mayor's absence, the Vice Mayor. (Also see Section 6.1)
Each year, at the first regular Council meeting held following the certification of
election results by the Marin County Elections Department, the Council will select
one of its members to serve as the Mayor for the coming year and another of its
members to serve as Vice Mayor.
No member of the Council shall serve as Mayor for more than one consecutive
year. No member of the Council shall serve as Vice Mayor for more than one
consecutive year. (Resolution No. 1560)2
2.3 Council Offrce: No Councilmember shall have an office in the Town Hall, except
for temporary use of a desk or telephone on an occasional basis for Town-related
business. Use of the Council Chambers, conference room, or comparable Town
facility shall be available by calendar appointment for conference use by
Councilmembers when needed for Town-related business through prior
affangement with the Town Clerk.
2.4 Council Communications All correspondence on Town letterhead by
Councilmembers pertaining to matters of policy shall be authorized by the Council
and signed by the Presiding Officer, unless directed otherwise by the Council. In
case of doubt as to whether the letter pertains to policy, the correspondence shall
be first approved by the Council before it is executed by the Presiding Officer. Any
correspondence on Town letterhead to be signed by any councilmember other than
the Presiding Officer must be authorized by Council as a condition of its preparation
and mailing.
2.5 Ballot Measures. Resolutions. Proclamations and Letters of Support: The Council
shall consider only those ballot measures, resolutions, proclamations, and letters of
2 References are used for historical purposes.
Page 5
support that have a direct and substantive effect on Town affairs and activities
(Motion of 10/06/87)
3. CITIZENS'RIGHTS
Attendance of Media at Council Meetings: All official meetings of the Council and
its standing sub-committees shall be open to the media, freely subject to recording
by radio, television and photographic services at any time, provided that such
arrangements do not interfere with the orderly conduct of the meetings.
Addressine the Council: The Council encourages members of the public to address
the Council concerning matters of Town business at appropriate times scheduled
for that purpose. Any person desiring to address the Council on any subject not
listed on the agenda may do so during open time.
Under the Brown Act, every agenda for a regular or special meeting must allow
members of the public to speak on each agenda item.
Manner of Addressine the Council - Time Limit: Each speaker wishing to address
the Council may speak for no more than 3 minutes per agenda item and no more
than 3 minutes during open public coÍrment time pertaining to items not on the
agenda. The Presiding Officer may allow speakers more time for discussion and
may allot more time to spokespersons representing several individuals. All remarks
shall be addressed to the Council as a body and not to any member thereof nor to
other members of the public, except with the permission of the Presiding Officer.
Councilmembers desiring to address a member of the public shall only do so upon
recognition by and through the Presiding Officer. Questions to members of the
public should be limited to matters of clarification.
After one-half hour of public comment on items not on the agenda, the Presiding
Officer may move the remainder of open public comment on items not on the
agenda to the end ofthe agenda.
3.4 Disruptive Behavior: As provided in the Brown Act, any person who disrupts the
meeting may be removed from the Council chambers.
3.5 Written Communication: Interested parties, or their authorized representatives,
may address the Council by written communication regarding any matter that is
within the jurisdiction of the Council at any time by mail or email, or by mailing or
emailing the Mayor, the Town Manager, or the Town Clerk. Copies of such
communications will be distributed to all Councilmembers.
3.1
3.2
3.3
Page 6
V/ritten communications concerning Council agenda items that are received after
the distribution of the agenda packet will be given to the Councilmembers and made
available to members of the public at the Council meeting.
4. GENERAL RULES FOR MEETINGS
Meeting Location: The Council shall meet in the Council Chambers for Regular,
Adjourned (see Section 5.4), and Special Meetings, The meeting location may be
changed for convenience, to accommodate larger attendance, or for other reasons,
provided that the location is permitted under law and is noted on the agenda and/or
posted at the Council Chambers. The Brown Act requires that, except under certain
circumstances, meetings of the Council be held within Corte Madera. (Gov. Code
section 54954)
Meetines to be Public: All meetings of the Council shall be open to the public
except in those limited circumstances under which the Brown Act permits the
Council to meet in closed session. (Gov. Code section 54950-54962.)
Council Deliberation. After a public hearing has been closed, or if the matter for
consideration is not the subject of a public hearing, after all interested persons
desiring to speak on the matter have been heard and the public comment period has
been closed, the Council may debate the matter. During such debate a member of
the Council desiring to speak or to address another member of the Council shall
address the Presiding Officer, and upon recognition may speak or address other
members of the Council, but comments shall be confined to the question or
clarification of the matter under debate.
4.4 Quorum and MajorityVote
A majority of the members of the Council shall constitute a quorum for
the transaction of business except a Councilmember who recuses based on
a conflict of interest shall not be counted towards the establishment of a
quorum unless that Councilmember's participation is legally required for
the action or decision to be made.
Resolutions approving orders for the payment of money and the adoption
of ordinances shall require the affirmative votes of at least three
councilmembers for passage unless the law requires otherwise. The
adoption of urgency ordinances shall require the affirmative vote of four
Councilmembers for adoption.
For all other matters, unless the law provides otherwise, an affirmative
vote of a majority of those Councilmembers voting shall be necessary for
the adoption of any motion or resolution, except that a motion or
resolution shall not be deemed adopted unless at least two
councilmembers have voted in favor of it. The vote of any
Councilmember abstaining or otherwise failing to vote on a motion or
4.1
4.2
4.3
A
B
C
Page 7
4.5
resolution shall not be considered a vote for or against the motion or
resolution. Instead, an abstention or failure to vote shall be considered as
consent to the will of the majority as expressed by the majority vote on
the motion or resolution.
Record of Proceedings: A written account ("minutes") of all open meetings of the
Council shall be kept by the Town Clerk and shall be entered in a book constituting
the official record of the Council following approval by the Council. The book of
minutes shall be open to public inspection.
4.6
The Town Clerk shall provide for the tape recordings of all Council meetings. These
records shall be in the nature of a stenographic aid to the Town Clerk and may be
erased after the approval of the minutes but no earlier than 120 days after the meeting.
(Resolution 2716)
Council meetings shall be video-recorded and shall be posted on the Town's website
to provide accessibility to the public. These recordings shall not be considered as
minutes.
Rieht of Floor: Before any person may speak at a Council meeting, he/she must first
be recognized by the Presiding Officer.
4.7 Town Manager: The Town Manager shall attend all meetings of the Council unless
excused. The Town Manager may make recom.mendations to the Council and may
take part in all discussions of the Council, but shall have no vote.
4.8 Town Attomey: The Town Attorney shall attend all meetings of the Council unless
excused and shall, upon request from the Council or Town Manager, give an opinion,
either written or oral, on questions of law. The Town Attorney shall act as the
Council's parliamentanan. In the Town Attorney's absence, the Town Clerk shall
serve in the capacity as parliamentarian.
4.9 Town Clerk: The Town Clerk shall attend all meetings ofthe Council unless excused
by the Town Manager and shall be responsible for keeping the official record
(minutes) and perform such other duties as may be required by the Council.
4.10 Officers and Employees: Department heads of the Town shall attend such Council
meetings upon request of the Town Manager, who shall make that request when there
is pertinent business from a particular department on the Council agenda.
4.11 Rules of Order: The most revised edition of "Rosenberg's Rules of Order" shall
govern the proceedings of the Council in all cases, unless they are in conflict with
these rules in which case these rules shall govern the issue. If any procedural
questions arise which are not specifically covered by this set of rules, then such
procedural matter will be governed by parliamentary procedure (Rosenberg's Rules
of Order).
Page 8
5. TYPES OF MEETINGS
Regular Meetings: Unless closed session or other matters are noticed to begin at an
earlier time, the Regular Council Meetings are to commence at 6:30 P.M. on the first
and third Tuesday of each month, unless otherwise specified in advance in
accordance with the Brown Act.
All Regular Council Meetings shall end by 9:30 P.M unless the Council extends the
meeting by motion of Council. Council may extend the meeting to l0:00 P.M. by
the affirmative vote of a majority of Councilmembers present, and beyond 10:00
P.M. by the affirmative vote of all Council members present.
Should a scheduled Council meeting fall on a legal holiday, the meeting shall be
canceled or rescheduled. If a Council regular meeting falls on Election Day, the
Council shall hold its meeting on the Monday prior to thaf day unless the Council
choses to schedule it for another day
Consistent with the requirements of the Brown Act, the Mayor, in consultation with
the Town Manager, may, by motion, reschedule any canceled regular meeting to
another day.
Special Meetines: A special meeting is a meeting that is not regularly scheduled and
is held to transact specified business only. Special meetings may be called by the
Presiding Off,rcer or by Council bymotion. The call and agenda for a special meeting
shall specify the day, the hour, and the location of the special meeting and shall
describe the subject or subjects to be considered. No special meeting shall be held
unless it complies with the twenty-four (24) hour minimum notice requirements set
forth in the Brown Act. All members of the Council, the Twin Cities Times and the
Marin Independent Journal shall receive written notice at least 24 hours before the
time of the meeting unless otherwise made unnecessary by the Brown Act
Emereency Meetings: The Council may hold an emergency meeting if a majority of
the Council determines a work stoppage, crippling disaster, or other activity severely
impairs public health and/or safety. Emergency meetings may be called without
complying with either the 24-hour notice or posting requirements as provided in the
Brown Act (Government Code Section 54956.5).
5.4 Adjourned Meetines: When members of the Council wish to continue a regular or
special meeting to a later date, a successful motion to adjoum the meeting and to
continue it to a definite later time, makes this second meeting an Adjourned meeting.
Any meeting of the Council may be adjoumed to a later date and time.
Workshops/Stud)¡ Sessions: From time to time the Council will hold workshops or
field trþs at a time and place to be designated by the Presiding Officer. Study
sessions or field trips shall be considered meetings and shall be duly noticed and
open to the public and the press, as provided by law. Such study sessions or field
5.1
5.2
5.3
5.5
Page 9
trips shall be devoted to matters regarding which the interchange of information prior
to a regular meeting may be helpful to the Council's decision making process.
5.6 Closed Session: Council may hold Closed Sessions or closed meetings to discuss
certain limited topics in accordance with the Brown Act. Closed sessions may be
scheduled at either the beginning or end of Council meetings.
6. CONDUCT OF MEETINGS
Call to Order: The Presiding Officer shall call the meeting to order. In the absence
of the Mayor and Vice Mayor, the Town Clerk shall call the Council meeting to
order, whereupon a temporary Presiding Officer shall be appointed by motion of the
members of the Council present. Upon the arrival of the Mayor or Vice Mayor, the
Temporary Presiding Officer shall relinquish the Chair immediately upon the
conclusion of the matter of business then before the Council. (Also see Section 2.2)
6.2 Preservation of Order: The Presiding Officer shall preserve order and decorum, and
confine members in debate to the question under discussion. Speakers shall be
recognized by the Presiding Off,rcer and shall address their comments to the Council
through the Presiding OfÍicer.
6.3 Points of Order: Only members of the Council may raise points of order and
questions of privilege, including points of information or clarification. The Presiding
Officer shall determine all points of order, subject to the right of any Councilmember
to appeal to the Council.
Ouestions to be Stated: The Presiding Officer shall state all questions submitted for
a vote and announce the result.
6.5 Public Hearing: At the time for public hearings and before any motion is made with
reference thereto, the Presiding Officer shall inquire if there are any persons present
who desire to speak upon the subject. Any such person may then be permitted to
speak, after being encouraged to state his or her name and address. In the event that
a large number of individuals wish to speak or for any other reasonable reason, the
Presiding Officer may, at the beginning of the hearing, set time limits for speakers.
Public hearings shall be closed by the Presiding Officer after all interested persons,
or their authorized representative, present at the hearing have been heard on the
subject.
Upon closing the public comment portion of the matter under consideration, it is
preferred that the presiding officer state, for the record: Seeing or hearing no one else
wishing to address the Council further on this issue, I hereby close the public
comment portion of (public hearing on) this matter.
6.r
6.4
Page l0
For appeals, the Council will adhere to the following order of proceedings and time
limits:
1.
2.
3.
4a.
4b.
5.
6.
7a.
7b.
8.
9.
10.
11.
Statements disclosing Ex Parte Communications
Staff report and Council questions for staff
Open public portion of the hearing
Presentation by appellant (10 minutes)
Presentation by applicant (10 minutes)
Council questions for appellant, applicant and/or staff
Public comment
Rebuttal by applicant (5 minutes)
Rebuttal by appellant (5 minutes)
Final Council questions of applicant and appellant
Final Council questions of staff
Close public portion of hearing
Council discussions, deliberation and findings and motion(s)
7, ORDER OF BUSINESS AND AGENDA
7.1 Order of Business: Before or after the conclusion of any closed session, which has
been placed on the agenda, Councilpersons, Town Manager, Town Clerk, Town
Attorney and such department heads or others as have been required to be present,
shall take their regular stations in the Council Chambers, or such other locations as
provided under section 3.1, and the business of the Council shall be taken up in
substantially the following order except as may be otherwise ordered by the Presiding
Off,rcer:
l. Call to Order and Salute to the Flag
2. Open Time for Public Comment on Items Not on Agenda
3. Commendations & Presentations
4. Consent Calendar (Note, any item removed from the Consent Calendar shall be
placed on the agenda in a different order at the direction of the Presiding
Officer)
5. Public Hearings
6. Business Matters (including reports on pending matters)
7. Town Council and Town Manager Reports
8. Draft Agenda for Future Meeting
9. Adjournment
Page I I
7.2 Changes to the Order of Business. The Presiding Officer may change the Order of
Business to facilitate the conduct of the meeting.
7.3 Agenda: At each regular Council meeting, a draft of the agenda for the next regular
meeting will be included as an item for discussion. At that time, Councilmembers
may raise other matters to be discussed at future meetings, and Council, by motion,
may direct staff to put such items on a future meeting agenda.
The final agenda packet for a regular Council meeting will be sent to the
Councilmembers no later than the Friday preceding that meeting.
As required by the Brown Act, the agenda for each regular meeting shall be posted
in a location that is freely accessible to the public at least 72 hours before each
regular meeting of the Council, and the agenda must include a brief description of
each item of business to be transacted or discussed at the meeting, together with the
time and location of the meeting.
Also, the agenda is to be posted on the Town's website:
http://www.townofcortemadera.org/AgendaCenter, and in the following display
cases: (1) outside of the Tamalpais Drive entrance to Town Hal| (2) at the Corte
Madera Post Office, located at 7 Pixley Avenue, and (3) at Fire Station l3 located
at 5600 Paradise Drive. Finally, a copy of the complete agenda packet is to be
provided to the Corte Madera Library, located at707 Meadowsweet Drive.
Request from the Public to Place Items on Agenda: When a member of the public
submits a request for an item to be added to a future Council agenda, the Town
Manager, in conjunction with appropriate staff, will work with the requestor to
review the request and determine if a resolution can be reached prior to bringing
the item before the Council for consideration. Once the preliminary evaluation is
complete, the Town Manager will consult with the Mayor to determine ifplacement
on an agenda is warranted, and if so the appropriate meeting date to bring the item
forward for consideration.
7.4
7.5 Preparation of Minutes: The minutes of the Council meetings shall be kept by the
Town Clerk in a minute book provided for that purpose, with a record of each
particular type of business transacted set off in paragraphs with proper subheads;
and said written minutes shall become the official records of the Town of Corte
Madera upon Council approval. The Town Clerk shall be required to make a record
only of such business as was actually passed upon by a vote of the Council or
directed by the Presiding Officer, and shall not be required to record any remarks
of Councilpersons, or of any other person except at the special request of a
Councilperson, except that a record shall be made of the names of persons
addressing the Council, the title of the subject matter to which their remarks related
and whether they spoke in support of or in opposition to such matter.
Page l2
As soon as possible after each Council meeting the Town Clerk shall cause a copy
of the minutes thereof to be forwarded to each Councilperson, the Town Manager,
department heads, and other individuals requesting such materials.
Unless a reading of the minutes of a Council meeting is requested by a member of
the Council, such minutes may be approved without reading if the Town Clerk
previously furnished each member with a copy thereof.
7.6 Adjournment: It is the policy of the Town Council to conduct the public's business
in public. Meetings shall end at 9:30 P.M. The Town Council has the option to
extend the meeting in half hour increments, with a majority vote required to
continue to 10:00 P.M. and unanimous votes required for each half hour increment
extension beyond 10:00 P. M.
8. ORDINANCES. RESOLUTIONS AND MOTIONS
8.1 Form: Ordinances, resolutions and contract documents shall be presented to the
Council only in printed or typewritten form.
8.2 Ordinances: Confined to One Subiect: Exceptions:No ordinance, except an
appropriation ordinance) an ordinance adopting or embodying an administrative or
governmental code, or an ordinance adopting a code of ordinances, shall relate to
more than one subject, which shall be clearly stated in its title.
8.3 Town Attomey to Aoprove: The Town Manager and Town Attomey will
determine on a case by case basis when it is appropriate for the Town Attorney to
review and./or "Approved as to Form" by the Town Attorney, or the Town
Attorney's authorized representative.
8.4 Distribution of Ordinances: The Town Clerk shall distribute copies of all proposed
ordinances to all members of the Council no later than the Friday of the week
preceding the Council meeting at which the ordinance is to be introduced. If the
ordinance carries an urgency or emergency clause, copies of the ordinance must be
distributed at least twelve (12) hours prior to the meeting of the Council at which
time said ordinance is to be considered except in the case of an emergency meeting
held as permitted under the Brown Act.
8.5 Ordinance Deferred and Emergencies: Each proposed ordinance shall be read by
title or in full two times, and any ordinance introduced at a Council meeting shall
not be approved until at least the next regular meeting (as long as five days
intervenes between the meeting at which the ordinance is introduced and the
meeting at which it is adopted), except that an emergency or urgency ordinance
may be adopted and read for the first time, all at once.
Reading by Title Only: Upon being introduced or adopted, each proposed
ordinance shall be read in its entirety unless further reading is waived by a majority
8.6
Page 13
vote of all Councilmembers present.
8.7 Recording of Votes: Only Councilmembers are eligible to vote. The ayes, nays,
absences and abstentions shall be recorded upon the official record of the Council
upon passage ofall ordinances and resolutions.
Every member of the Council present shall vote for or against a question that is put
to a vote, unless that Councilmember abstains from voting. If the Councilmember
recuses him/herselfbecause of a potential conflict of interest, that member shall not
be counted as part of the quorum, shall not vote, and, except as to matters on the
consent calendar, shall step down from the dais for the remainder of the discussion.
If the Councilmember abstains for any other reason, that member shall be counted
towards establishing the quorum and the abstention shall be considered an
acquiescence to the majority vote on the question, with the exception of ordinances
or resolutions for the payment of money.
8.8 MajoritLVote Reouired: An affirmative vote of at least a majority of the members
of the Council shall be necessary to pass an ordinance, but a resolution, motion, or
any other proposition may be adopted by a majority voting on the issue, except as
otherwise specified in the Town Ordinance or the State Statutes.
8.9 Tie Vote: In the event of a tie in votes on any motion, it shall be deemed that no
action was taken on that motion.
8.10 Numbering Ordinances and Resolutions: Prior to or upon passage, a number shall
be assigned to each ordinance or resolution by the Town Clerk.
8.1 1 Ordinance Passase Procedure: Each proposed ordinance shall be read by title or in
full two times.
Concerning urgency or emergency ordinances, there need be only one reading and
one adoption. These ordinances can be adopted and read for the first time, all at
once.
When passed by the Council, an ordinance shall be signed by the Presiding Officer
and be attested by the Town Clerk; and it shall be immediately filed and thereafter
preserved in the office of the Town Clerk. Posting and publication of ordinances
will be in accordance with state law.
8.12 Leeal Opinions: A majority of the Council may request written legal opinions,
relating to Town business, from the Town Manager. Upon receiving requests for a
proposed ordinance or a written legal opinion, the Town Manager shall forthwith
request same from the Town Attorney; and upon return receipt thereof; the Town
Manager shall cause to have distributed the subject ordinance or written legal
opinion to all members of the Council so that all members of the Council may be
fully informed of the status of Town affairs. Any member of the Council may, for
Page 14
the purposes of inquiry, request verbal opinion or advice on Town legal matters
directly from the Attorney.
8.13 Motions to Reconsider: A motion to reconsider can only be made at the meeting
during which the main motion was approved, or at the next regular or special
meeting immediately following the meeting at which the main motion was
approved. In order to make the motion to reconsider a previous motion, the
Councilmember must have actually voted (not abstained) on the prevailing side
(either for or against) when the question was first considered.
9. APPOINTMENT TO TOWN BOARDS AND COMMISSIONS
In April of each year the Town Clerk will poll the members of the Town Boards and
Commission to ascertain if they wish to continue serving for another term. Once this
information is obtained, the Town Clerk will work with the appropriate Council
subcommittee to schedule interviews of incumbents and new applicants.
With recruitment, ads will be placed in the Marin Independent Joumal and the Twin
Cities Times. Interviews will be held on dates/times selected by the Council
subcommittee and thereafter, the subcommittees' recommendations will be
placed on a Consent Calendar at a Council meeting in June so that the appointee begins
his/her term at the first meeting of the fiscal year.
The Town Clerk will work with newly appointed members of Boards and
Commissions to assure they take their Oaths of Office and complete any
necessarypaperwork as a result of their appointment.
(Motion of May 6,2014)
10 AMENDMENT OF THESE
10.1 Suspension of These Rules: Any provision of these rules not governed by the
Municipal Code or State Law may be temporarily suspended by motion with the
affirmative vote of a majority of the Council present at the meeting, except that the
affirmative vote of all Councilmembers present is required to suspend the rule
regarding extending a regular Council meeting beyond 10 P.M. The vote on a
motion to suspend any rule shall be taken by ayes and nays and entered upon the
record.
10.2 Amendment of These Rules: These rules may be amended, or new rules adopted,
by resolution upon the affirmative vote of at least three members of the Council,
provided that the proposed amendments or new rules shall have been introduced
into the record at a prior Council meeting.
Page 15
1 I. CODE OF ETHICS/STANDARDS OF CONDUCT
The Council maintains high standards of ethical conduct for its members. Council
Members are responsible to:
¡ Act only in the best interests of the entire community without consideration of
personal or private interests;
o Ensure an opportunity for public input into Council deliberations, adhering to
open meeting laws and regulations;
o Avoid conflicts of interest and the perceptions of conflicts of interest, and
comply fully with state ethics laws;
o Exercise authority only as a Council or as specifically assigned by the Council
through its Rules and Procedures;
¡ Use appropriate channels of communication consistent with the council-
manager structure of the Town's form of government as provided under state
law;
o Respect other Council Members, staff and members of the public;
o Act with civility;
o Be informed about the Town and issues that affect the Town;
o Comply with Federal, State and Town laws, as well as the Council's Rules
and Procedures, that affect the operation of local government and set forth the
responsibilities of Council Members;
o Devote adequate time to Council work and assigned committee work;
e Maintain the confidentiality of information provided in closed sessions and
other information required by state law to be held in confidence.
Violations of this rule will be addressed by the Mayor, who will first discuss the violation
with the Council Member in an effort to reach a resolution. If a resolution is not achieved
and further action is deemed necessary, the Mayor may appoint an ad hoc committee
composed of two Council Members to examine the matter and recommend measures or
further courses of action to the Council. Recommended measures will be determined by
the Mayor and Vice Mayor (or the ad hoc committee where one has been appointed), after
consultation with the Town Attorney and providing the Council Member an opportunity to
respond, and may include a recommendation that the Council adopt a resolution censuring
the Council Member only as a last resort, when other less severe measures have failed to
resolve the violation. If the Mayor is perceived to have violated this rule, the Vice Mayor
is authorized to pursue resolution.
Page 16
EXHIBIT 2
CITY OF LARKSPUR RESOLUTION NO. 07/10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARKSPUR AMENDING AND RESTATING THE LARKSPUR CITY COUNCIL PRINCIPLES OF OPERATION
WHEREAS, the Larkspur City Council has a reputation for operating city business in a fair and efficient manner, and the Council has been spared rancorous arguments and deep divisions that some cities endured, while acknowledging genuine differences of opinion, and
WHEREAS, the City Council members have worked well with each other, with staff, with Boards and Commissions and with the citizens utilizing number of agreed upon principles of operation, developed over several years; and
WHERE:AS, these principles of operation reflect the Council's past practice, and have been carried over, with occasional refinements, from Council to Council, for almost two decades; and
WHEREAS, on February 13, 2010 at a special meeting of the Larkspur City Council, the councilmembers again reviewed these principles of operation and made amendments to further clarify the goals and practices outlined in this document.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Larkspur has determined that it is in the best interests of the community, the City Council and City staff to document these principles of operation for reference and as a commitment to continue upholding these principles now and in the future.
BE IT FURTHER RESOLVED that the Larkspur City Council Operating Principles are attached to this resolution as Exhibit A to the resolution.
IT IS HEREBY CERTIFIED that the City Council of the City of Larkspur duly introduced and adopted the foregoing resolution at a regular meeting held on the 3rd day of March, 2010 by the following vote, to-wit:
AYES: NOES: ABSENT: ABSTAIN:
I: I / I
ATTEST:
COUNCILMEMBERS:Chu, Hartzell, Hillmer, Lundstrom, Rifkind COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
RESOLUTION NO. 07/10
EXHIBIT A
LARKSPUR CITY COUNCIL AMENDED PRINCIPLES OF OPERATION
1. City Council Meetings a. Attendance: Be on time to meetings. Absences or lateness should be communicated to the City Manager as soon as possible. b. Agendas and Reports: Do your homework well enough ahead of time so that when the City Manager communicates with Councilmembers before a Council meeting, you can ask questions. Ask questions beforehand to avoid "late hits" at a meeting so that staff can be prepared to fully respond to your
questions. Communicate beforehand so there are no surprises at a meeting for staff or other Council members. c. Adjournment of Meetings. The Council has established a goal of adjourning the public portion of a city council meeting by 10:30 p.m.
d. Votes: It is the goal of the Council that no votes are taken on major issues after about 10:30 p.m. in order to keep focused. It is the Mayor's role to facilitate and summarize the councilmember comments prior to calling for a vote. It is the
goal of the Council that no votes are taken on major issues unless all members of the City Council are present, or unless the absent Councilmember(s) have suggested that Council take up the matter despite his/her absence. e. Discussion: Council members are urged to "get to the point"; e.g., be succinct. Not all votes will be unanimous, so agree to agree and agree to disagree, and then move on to act for the best interests of Larkspur. f. Decorum: No personal verbal attacks on citizens, staff or fellow
Council members. The Mayor will curtail discussion to focus on issues, not personalities. g. Mayoral Succession: For clarity and to avoid personal differences, the Council has adopted a policy of succession for Mayor and Vice Mayor, which should be periodically reviewed.
h. Closed Sessions: Only items agendized under the Brown Act
may be discussed in closed session with the City Attorney or Labor Negotiator. The Council does not discuss with other parties anything discussed in closed session. i. Brown Act: The Council strictly adheres to the Brown Act, which
regulates discussion of items before the public, noticing,
agendas, etc.
j. Conflict of Interest: Besides state statute, the Council has a policy to avoid even the perception of a conflict of interest. Council members have routinely stepped down when a
perceived or actual conflict arises. The City's Conflict of Interest policy is reviewed every two years, and the policy is attached for ease of reference. k. Appeals: Council members visit the appeal site prior to the
discussion. If we meet the applicant or appellant on site, we do
not express our individual judgment prior to the public hearing so as not to jeopardize the public process. I. Consent Calendar: Routine items are placed on the consent calendar, but may be discussed under Business if a Council
Member or member of the public requests discussion. m. Minutes: Council minutes are a summary of discussion and a record of actions, not verbatim statements. Audio tapes of meetings are available for a limited period of time and may be accessed by contacting the City Clerk.
2. Relationship to City Staff a. The City Council does not micromanage our city departments. Individual Council member issues and concerns go to the City Manager. Questions of department heads should be as specific
as possible, preferably through the City Manager. b. The City Council does not directly discuss matters with the City Attorney. Legal issues should be raised through the City Manager.
c. The Council does not participate directly in labor negotiations, as we have a contract Labor Negotiator. We do not discuss labor issues with any member of the City staff.
3. Relationship to Boards and Commissions
a. The Council does not micromanage Boards and Commissions. We trust their judgment. On major policy issues, the Council holds workshops with the Boards and Commissions to ensure we have input before an issue direction is pursued. b. The Council has liaisons to every Board and Commission as
another avenue of dialogue. c. Individual council members may attend Board and Commission meetings. As a courtesy, a Council member should let the Chair of the Board or Commission knows he or she is an observer.
4. Relationship to the Press
a. Press Liaison. The City Council has delegated the City Manager to speak for the City.
Occasionally the Mayor or other Council members may talk to the press when the Manager is unavailable and when the Council has already taken a position on a policy.
b. Council Opinions. Prior to voting on an issue, Council members do not make separate statements of opinion about Council actions through the press unless the Council has agreed that
person speaks on behalf of the Council. In order to keep an open mind, the Council discusses issues in open public meetings in Council chambers, not through the newspapers. After voting on an issue, Council members are free to express their views in the press.
c. Opinion Pieces. Opinion Pieces may be written from time to time
by a Council member upon agreement and review by Mayor and the City Manager. Written pieces should follow the decorum as outlined in 1.f., focusing on issues, not personalities.
5. Council Positions on Issues a. Positions on Local, State or Regional Issues. The City Council does not take positions on local, state or federal issues unless the city is directly affected by the issue. The City Council acts, as appropriate, with other agencies. b. Legislative Positions. The City, through its representative to the MCCMC (Marin County Council of Mayors and Councilmembers) Legislative Committee, jointly takes stands on a focused set of
issues agreed upon by MCCMC, namely: unfunded mandates, state intrusion on local government, transportation and housing. (This process gives us plenty to keep track of and provides more clout than acting independently). c. Council Regional Representation. Council members represent the City on various outside agencies and boards, and keep the
Council (and thus the public) informed in a Council meeting during 'Council members Reports'. The Council should develop consensus on major issues and give direction to its representative when this occurs.
6. Email Policy for Council Members a. In order to avoid violating the Brown Act: i. Do not communicate your position on a matter pending before the Council to all or some other members of the
Council.
ii. If emailing the entire Council, do so only to provide
information, and do not solicit a response. iii. When replying to an email from another Councilmember, reply only to the sender, because of the ease of communicating with a much larger audience.
iv. Refrain from replying to an email if the reply will be directed to a majority of the Council.
v. Email between Councilmembers and staff should be used to share information, confirm meetings, and set up appointments.
b. If one Councilmember wants to forward or copy another
Councilmember's email to someone else, express permission should be obtained from the Councilmember who wrote the email. c. Email may be discoverable by means of a public records act
request or by subpoena; caution with emails is desirable. d. Think carefully and cautiously before responding to any email. Avoid making derogatory personal comments using email. e. Use of third party contact lists should not be used without the exptessed permission of the owner of that information.
f. When you reply to any email, remember that your reply may inadvertently or deliberately be transmitted to almost any person with an Internet connection.
EXHIBIT 3
Mill Valley
City Council Policies 1
MILL VALLEY CITY COUNCIL POLICIES
SECTION PAGE
I. POLICY GUIDELINES 2
II. CITY COUNCIL 3
III. ELECTIONS 5
IV. COMMISSIONS, BOARDS AND COMMITTEES 5
V. INDEPENDENCE AND CONFIDENTIALITY 6
VI. COMMUNICATING CITY POSITIONS 7
VII. ANNEXATIONS 8
VIII. BUDGET MANAGEMENT 8
IX. EXPENSE REIMBURSEMENT 12
IX. INVESTMENT POLICY 16
X. USE OF CITY FACILITIES 23
XI. PUBLIC WORKS 24
XII. PERSONNEL ADMINISTRATION 28
XIII RECYCLING 29
Revised 2/05/07
Mill Valley
City Council Policies 2
I. POLICY GUIDELINES
A. Purpose of Policies
In the interest of consistency, the Mill Valley City Council has adopted certain policies on matters which arise frequently before the City Council. These policies:
• Are for guidance to the City staff and direction to the public only, unless otherwise indicated.
• Do not repeat federal, state or county laws.
• Exclude matters which are already included or better expressed in an
Ordinance or resolution.
B. Policy Formation
Whenever an issue arises which requires a policy statement, and the City Council has
not formulated a policy dealing with that issue, no Commission, Board, Committee
member or Management employee shall make statements about that issue without
referring them to the City Council first. If the matter is urgent, the Mayor or Vice
Mayor shall make a policy decision.
C. Consistency of Policy
When the City Council has established a policy dealing with an issue, no statements
contrary to that policy shall be made by any of the above individuals or groups. This
is not intended to preclude public debate or dissent among the individuals or
members of these groups, so long as such dissent is expressed as an individual, NOT as a member of the above groups.
D. Availability of Policies
The policies should be codified by subject matter and be made easily available to the Council, appropriate Board and Commission members, Management employees and the public at City Hall.
E. Update Procedure
Following the reorganization of the City Council annually, the Vice-Mayor shall review existing policies and suggest any changes for approval by the Council.
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City Council Policies 3
II. CITY COUNCIL
A. Rotation of Terms of Council Office
Ideally, the position of Mayor and Vice Mayor shall be rotated each year. Officeholders will be elected by the City Council at the first meeting in December. (11/15/04)
B. Rules of Order
City Council meetings will be subject to Robert’s Rules of Order. However, the meetings may be conducted less formally as long as seventy-five percent of the Council members present agree. The “short form” rules of order are summarized in Exhibit A.
C. Agenda
The deadline for submitting items to the City Manager for inclusion on the Council agenda will be Monday a week before a regular Council meeting. Any City Councilmember may request that an item be added to the agenda. Agendas will be faxed or e-mailed to the Independent Journal and Mill Valley Herald and will be posted in the bulletin boards in front and rear of City Hall by 5 p.m. each Thursday preceding regular City Council meetings. Copies will be available at the Library and will be posted on the City website.
Government Code Section 54954.2 provides that the Council may not take action on items not appearing on the posted agenda except under the following conditions:
1. Upon a determination by majority vote of the Council that an emergency situation exists. An emergency situation is defined as meaning any of the following: a. Work stoppage or other activity which severely impairs public health, safety or both, as determined by a majority vote of the members of the Council. b. Crippling disaster which severely impairs public health, safety or both, as
determined by a majority of the members of the Council.
2. Upon a determination by two-thirds of the Council (or by unanimous vote if less
than two-thirds of the members are present) that there is a need to take immediate
action and that the need for action came to the attention of the City Council
subsequent to the agenda being posted.
3. That the item was posted for a prior Council meeting occurring not more than five
days prior to the date action is taken on the item and, at the prior meeting, the
item was continued to the meeting at which action is being taken.
Mill Valley
City Council Policies 4
Items for Council action which are routine and do not require public input will be placed on the consent calendar. Citizens wishing to speak on consent items may so indicate prior to approval of agenda order by the Council.
The Chair may inquire about citizens who are present regarding a given agenda item. The Council may alter the printed agenda order accordingly.
The City Council shall adjourn its meetings at twelve o’clock midnight and continue the current agenda item to the next meeting unless a majority of the Council votes to continue beyond that hour. The Council will not begin new public hearings on the agenda after 11:00 p.m. unless a majority of the Council votes to do so. If public hearings, which have not commenced, remain on the agenda at 11:00, the Council should decide at a convenient point in the meeting whether the agenda item will be heard or not so the public can decide whether to remain.
D. Proclamations
For nationally recognized charitable and educational observances, the Mayor is authorized to issue proclamations of a non-commercial nature.
For local groups and individuals, the Mayor will consider individually the merits of
each proclamation. (11/15/04)
E. Council Retreats
Ideally, the City Council shall hold an annual retreat. In addition, the Council shall
hold periodic joint retreats with various Board, Commission and Committee members
as appropriate to facilitate effective communication and coordination. All such
retreats shall be open to the public.
F. Position on State or National Issues
The City Council will not take a position for or against issues which are State or
National in scope, unless the particular issue directly relates to the City’s ability to
govern and/or to provide services to its residents.
G. Videotaping Public Meetings
The following basic guidelines must be followed by any individual or group wishing
to tape public meetings in City Hall or other public buildings:
1. The location of taping equipment (cameras, lighting, etc.) shall be approved in
advance by the City Manager so as not to cause any access problems, disturbance
or inconvenience to the meeting and/or public.
Mill Valley
City Council Policies 5
2. Set up shall be completed at least 15 minutes prior to start of any meeting or workshop that is the subject of a taping. Equipment take down shall not take place until after the meeting or workshop unless prior permission has been granted by the City Manager. This guideline is intended to avoid disruptions that might delay the start of a meeting or disturb a meeting that is in progress. 3. The City may at any time require any individual or group to provide its own source of electrical power to operate its equipment. This guideline is intended to deal with multiple requests or situations where the electrical capability of public facilities is inadequate to accommodate demand. (7/20/92) ************************************************************************
III. ELECTIONS
The City of Mill Valley shall sponsor a “Candidates’ Night” (Debate) prior to each City Council election. The event shall be held in the Mill Valley City Council Chambers or the Mill Valley Community Center. The location, date, time and format shall be determined by the Mill Valley City Clerk. (7/16/90; 11/15/04)
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IV. COMMISSIONS, BOARDS AND COMMITTEES
A. Rules of Order
Meetings will be subject to Robert’s Rules of Order. However, the meetings may be conducted less formally as long as seventy-five percent of the members present agree. The “short form” rules of order are summarized in Exhibit A.
B. Voting
All members of Boards, Commissions, and Committees, including chairpersons, are urged to vote on all matters except where precluded by conflict of interest.
C. Ad Hoc Committees
Ad Hoc Committees may be appointed by the City Council from time to time for specific assignments. Such Committees will be established by resolution which shall describe their mission, scope of work, composition, operating guidelines, reporting requirements, budget allocations, performance assessment, etc. All such Committees
shall have a specific sunset date, which date shall only be extended by a vote of the
City Council.
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City Council Policies 6
************************************************************************
V. INDEPENDENCE AND CONFIDENTIALITY
A. Conflict of Interest
In addition to applicable state law, the following activities are considered a conflict of interest:
• for a member of the City Council to offer his/her services to the City for a consideration.
• for a member of the City Council to personally represent a client before the City
Council, or any Board or Commission.
• for a member of any Board or Commission to personally represent a client before
the Board or Commission on which the member sits.
• for any City employee, consultant, or professional advisor to evaluate or approve work for the City prepared by that individual or his/her associates.
• for any firm which has a partner or principal serving on a City Board or Commission to be considered for City contract work.
Where a conflict of interest exists, either legally or morally in the opinion of the individual concerned, the Council, Board or Commission member shall so declare when the item is first raised and at that time shall disclose his/her disqualifying
interest. Said member shall subsequently refrain from voting upon, entering any
discussion pertaining to, or using his/her official position to influence a City decision
on the matter. Such member is discouraged from speaking at the public hearing for
or against the issue because of possible negative public perceptions, but instead
should use written or other avenues of communication, refraining again from using
his/her official position to influence a City decision on the matter. As required by
State law, such person shall also not be in attendance in the hearing chambers during
the hearing on any such matter.
B. Pre-Hearing Communications with Applicants and Members of the Public
On quasi-judicial matters that will be heard by the City Council, the Council will not
meet with project applicants or interested members of the public to receive
information about the matter after the public hearing on the matter has been noticed
for a City Council public hearing. Quasi-judicial matters include design review on
development projects, conditional use permits, variances and other applications
where the Council is required to apply the criteria of a City ordinance to the facts of a
specific case. This guideline does not apply to legislative or policy matters such as
General Plan amendments and zone changes. (2/07)
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City Council Policies 7
C. Election Statements
City employees (with the exception of elected officials) shall not publicly endorse or promote local or statewide political candidates or issues, using their official City title for this purpose. It is not the intent of this policy to preclude City employees from taking a private, unofficial position on an election issue or for a candidate. This policy shall not apply to those statewide issues where the City Council, by a majority vote, has taken a position on behalf of the City.
D. Discourse During Litigation or Labor Negotiations
Inquiries received from claimants or employees regarding a matter of litigation or labor negotiations shall be referred to the City Manager.
E. Donations for City Projects/Services The City of Mill Valley is pleased to accept financial or other donations which are intended to enhance the City’s ability to fund or provide City Council approved municipal projects and services. City staff shall decline and immediately return donations from any individual, business or organization that has an active, pending or reasonably anticipated future application before the City for any development, contract or other discretionary entitlement which requires City approval. In the event there is a question regarding interpretation or implementation of this policy it shall be brought before the City Council for resolution. (1/21/98) ************************************************************************
VI. COMMUNICATING CITY POSITIONS
A. County Lands
1. All matters and issues pending before County of Marin concerning lands lying within the City’s adopted sphere of influence shall be reviewed by city staff for comment. If deemed appropriate by the City Manager or Director of Planning & Building, these matters shall be referred to the Planning Commission and/or City Council as if the proposal were located within the City limits of the City of Mill Valley.
2. Any other matters or issues involving a proposal or development lying outside of
the City’s adopted sphere of influence of such scope, nature or size as to warrant
review by the City shall be referred to the City Council and/or other appropriate
City Boards or Commissions or staff.
3. The Planning Commission and the City Council may decline to adopt a position
on any matter pending before the County.
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City Council Policies 8
B. Pending Legislation and Litigation
The City Manager is authorized to use his/her best judgment in contacting elected representatives by letter, telephone, telegram or by personal visitation on subject matter where the City Manager has a good understanding of the City Council’s position. Such representation shall be made on behalf of the City Council with written correspondence prepared for the Mayor’s signature whenever practical. The City Manager shall seek advice from the City Attorney and other staff members as needed to develop legislative positions and responses. In the event urgent action is required and the City Manager does not fully understand the City Council’s position,
he/she shall seek the Mayor’s and Vice Mayor’s opinion and act accordingly. Where time is not of the essence, every effort will be made to obtain an expression from the entire City Council at a regularly scheduled meeting.
A similar procedure shall be followed where the City is requested to join as amicus in pending litigation of County or Statewide interest.
C. Special District Referrals
In an effort to promote harmony and understanding between the City of Mill Valley and its neighbors in contiguous unincorporated areas, neighboring special districts shall be notified of any and all City Council agenda items of direct concern or interest to them with the express intent that they will be aware and may participate in issues of mutual importance.
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VII. ANNEXATIONS
The City Council will only approve annexations consistent with the policies contained in the Sphere of Influence Section of the General Plan.
***********************************************************************
VIII. BUDGET MANAGEMENT
A. Presentation of Budget
The City Manager shall prepare and present to the City Council, not later than May 1 of each even numbered year, a proposed budget for the ensuing two fiscal years commencing on July 1st. The proposed budget shall include all funds and shall
Mill Valley
City Council Policies 9
detail anticipated beginning balances, estimated revenues, recommended expenditures and anticipated ending balances.
Shortly before the end of the first year of the two-year budget, the City Manager shall prepare and present to the City Council a budget status report.
B. Financial Transactions between July 1 and Date of Adoption of Budget
Except for extenuating circumstances, the budget shall be adopted before July 1. If the adoption of the budget is delayed after July 1, payment for necessary municipal services may be made as follows until the budget is adopted:
• Employee Services - Payments may be made based upon the most recently
approved list of positions and salary plans.
• Supplies, Services and Equipment - Payments may be made based upon the
figures contained in the City Manager’s recommended budget.
C. Budget Control
The Director of Finance shall exercise financial control of the approved budget by
refusing to pay any obligations without prior City Council approval, the payment of
which will exceed the following:
• The total for employee services for the applicable budgetary activity.
• The total for supplies, services and equipment for the applicable budgetary activity.
D. Transfers
1. The City Manager may authorize transfers between activities in any department within a fund. 2. The City Council shall approve all other transfers.
E. Additional Appropriations
All requests for transfers which would result in a net increase in the appropriation from a fund require specific approval by the City Council.
F. Equipment and Project Expenditures
1. The City Council shall approve all equipment expenditures over $25,000 except those replacement items originally approved by the City Council and included in the equipment replacement reserve. 2. The City Council shall approve all new projects and increases to any approved
projects over $25,000.
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City Council Policies 10
3. The City Manager shall approve all other equipment and project expenditures or increases.
G. Use of Carryover Reserve
Budget funds not expended or encumbered during the budget year will be appropriated to a carryover reserve. With approval from the City Manager, departments may use their carryover funds for program elements previously approved by the Council, but not completed in the budget year. Thereafter, all remaining carryover reserves unexpended at the end of 12 months shall be transferred to the Capital Improvement Reserve.
H. Funding Level of the Contingency Reserve
As a policy goal, the general contingency reserve for the City of Mill Valley shall be maintained at 15% of the prior year’s operating budget. This contingency reserve shall serve as a backup for unexpected opportunities, economic downturns and disasters. At the close of each fiscal year, surplus revenues (revenues in excess of estimated revenues) as available, shall be used to meet the aforementioned funding level.
I. Funding Level of Self Insurance Fund
The City shall attempt to maintain the equivalent of twice its self-insurance retention (SIR) in this fund. To meet this goal, surplus revenues (revenues in excess of estimated revenues) may, as available, be used after meeting the funding level of the Contingency Reserve.
J. City Requests for Outside Funding
No City department, Commission, Committee or Board should request funding from an outside organization without prior submittal of the request for review and approval
by the City Council.
K. Non-City Requests for City Funding
All requests for City funding shall follow the formal budget review process during the
spring of each year.
L. Recreation Program Fund
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In the aggregate, City recreation programs shall be self-supporting, with the exception of the summer playground program. Program fees shall cover the cost of maintenance, equipment and program instruction.
M. Community Center Funds
The Community Center shall be self-supporting in the aggregate. Program fees shall cover the cost of maintenance, equipment and program instruction.
N. Special Reserve - Seized Drug Monies
A special reserve account for monies seized from illegal drug activities shall be established for expenditures relating to drug enforcement activities. These activities include “buy” or front money for undercover purchase operations, specialized equipment and supplies, drug education programs, (and, if sufficient funds exist, to
pay for the City’s share of the funding for the Major Crimes Task Force). Any
request for expenditures up to $5,000 requires City Manager approval; all requests
above $5,000 require City Council approval. (9/21/99; 11/15/04)
O. SMEMPS Advance Rate Increase Notification
The 1983 Amendment to the Southern Marin Emergency Medical Paramedic System
Plan of Operation permits the Paramedic Board of Directors to adjust the fee schedule by majority vote of the SMEMPS Board without returning to each jurisdiction for approval. The Director of Public Safety shall report to the Council in advance whenever the Board is considering an increase in rates.
P. Open Space Fund
This fund is established for the purpose of pursuing the acquisition of property identified in the City’s General Plan which is desired for permanent open space. It is the expressed desire of the City Council that these funds be leveraged to the fullest extent possible against other funding sources (i.e., Marin County Open Space District and community/neighborhood private fundraising efforts). Private donations and fundraising efforts for open space acquisition shall be credited to this fund.
Q. Library Foundation Fund
This fund is established for the investment and management by the City of funds donated to the Mill Valley Public Library Foundation. Interest earned by this fund shall be credited to same. The City’s Finance Director shall provide periodic financial reports which include the fund balance, interest earned and average rate of interest for the reporting period to the City Librarian for appropriate distribution.
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R. Specific Project Funds
From time-to-time the City is asked to act as agent for the collection and disbursement of private donations designated for specific improvement projects (library, parks, arts, facilities, etc.). In such capacity, the City shall disburse such funds to meet the financial obligations of the City for any such project and shall not commit further City funds without the approval of the City Council. (11/15/04)
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IX. EXPENSE REIMBURSEMENT
A. Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized business of the City of Mill Valley. Expenses incurred by public officials in connection with the following types of activities generally constitute authorized expenses, and may be reimbursed by the City as long as the other requirements of this policy and any implementing procedures are met: 1. Serving the needs of the residents, businesses and visitors of the City; 2. Communicating with constituents in compliance with applicable laws; 3. Communicating with representatives of regional, state and national government
on City policy positions;
4. Attending educational seminars designed to improve public officials’ skills,
knowledge, and information levels;
5. Participating in regional, state and national organizations whose activities
benefit or affect the City’s interests;
6. Attending City, community, regional and other civic events;
7. Gathering facts and information regarding City projects, issues and priorities;
and
8. Implementing a City adopted or initiated strategy for attracting or retaining
businesses.
The reimbursement of any expense in excess of $50 (fifty dollars) for any purpose other
than those listed above shall require prior approval by the City Council.
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The following expenditures also require prior City Council approval: 1. Payments for international travel; and 2. Expenses that exceed any annual limits established for each office holder. Examples of personal expenses that the City will not reimburse include, but are not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions; 3. Family expenses, including family member expenses when accompanying official on City-related business, as well as children or pet-related expenses; 4. Entertainment expenses, including but not limited to theater, movies (either in-room or at the theater), recreational events not related to City business (including gym or sporting event expenses), or cultural events not related to City business; 5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; 6. Personal losses incurred while on City business; and
7. Personal alcohol or bar expenses.
Any questions regarding the propriety of a particular type of expense should be resolved
by the City Council before the expense is incurred.
B. Cost Control
In the event that expenses are incurred which exceed these guidelines, the cost borne or
reimbursed by the City will be limited to the costs that fall within the guidelines, unless
such excess amounts have been approved in advance by the City Council. Nothing in
this policy will be construed to limit reimbursement of expenses if needed in order to
accommodate a disability.
C. Transportation The most economical mode and class of transportation reasonably consistent with
scheduling needs, the public official’s time constraints, and cargo space requirements
must be used, using the most direct and time-efficient route. Charges for rental vehicles
may be reimbursed under this provision if it is determined that a rental vehicle is more
economical than other forms of transportation. In making such determination, the cost of
the rental vehicle, parking and gasoline will be compared to the combined cost of such
other forms of transportation. Government and group rates must be used when available.
The City Council recognizes and acknowledges that some public officials are part-time
volunteers, and that personal, employment and other commitments may impact the
economy of available travel arrangements.
1. Airfare. Airfares that are equal or less than those available through the
Enhanced Local Government Airfare Program offered through the League of California
Cities (www.cacities.org/travel), the California State Association of Counties
(http://www.csac.counties.org/default.asp?id=635) and the State of California shall be,
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in most normal circumstances, presumed to be the most economical and reasonable for purposes of reimbursement under this policy. The City Council recognizes and acknowledges that such airfares are not always practicable or available in certain limited circumstances, and finds that higher airfares may be appropriate in individual cases. 2. Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see www.irs.gov). For 2007, the rate is 48.5 cents per mile. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. 3. Car Rental. Rental rates that are equal or less than those available through the State of California’s website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. 4. Taxis/Shuttles. Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. D. Lodging Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. 1. Conferences/Meetings. If such lodging is in connection with a
conference, lodging expenses must not exceed the group rate published by the conference
sponsor for the meeting in question if such rates are available at the time of booking. If
the group rate is not available, the next section applies. 2. Other Lodging. Travelers must request government lodging rates, when
available. A listing of hotels offering government rates in different areas is available at
http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less
to government rates are presumed to be reasonable and hence reimbursable for purposes
of this policy. In the event that government rates are not available at a given time or in a
given area, lodging rates that do not exceed the median retail price for lodging for that
area listed on websites such as www.hotels.com, www.expedia.com or an equivalent
service shall be considered reasonable and hence reimbursable if, given the circumstances of the travel, such comparable rates can be found. In unique circumstances, the City Manager may approve the reimbursement of reasonable lodging costs that exceed the two standards above, if necessary under the particular circumstances.
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E. Meals Public officials shall, when available, take meals that are provided as part of a seminar or conference registration fee. Reimbursable meal expenses and associated gratuities shall not exceed the following rates per person: Breakfast Lunch Dinner
$15 $25 $40 Such amounts will be annually adjusted without further action by the City Council to reflect changes in the cost of living in accordance with statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the San Francisco/Oakland/San Jose Metropolitan Area. (The annual adjustment will be based on this area whether travel is within the area or not.) The City will not reimburse personal alcohol or bar expenses. F. Telephone/Fax Officials will be reimbursed for all actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business. G. Airport and Other Parking Charges The City will reimburse parking costs based on actual costs or the equivalent of long-term parking rates used for travel exceeding 24-hours. H. Other Baggage handling fees and reasonable gratuities will be reimbursed. Expenses for which City officials receive reimbursement from another agency are not reimbursable.
I. Expense Report Content and Submission Deadline
All expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
All expenses reported on this form must comply with the City’s policies relating
to expenses and use of public resources. The information submitted on this
form is a public record. Penalties for misusing public resources and violating
the City’s policies may include loss of reimbursement privileges, restitution,
civil and criminal penalties as well as additional income tax liability.
Expense reports must document that the expense in question met the requirements of this
policy.
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Public officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. The inability to provide such documentation in a timely fashion may result in the expense being borne by the official.
J. Verification of Expense Reports
All expenses are subject to verification that they comply with this policy. The City Council, City Manager and/or the Director of Finance or his/her designee may request additional documentation or explanation of individual expenditures for which reimbursement is requested by a public official.
K. Reports To the Public
At a subsequent City Council meeting, each public official shall briefly report, orally or in writing, on meetings attended at City expense. If multiple officials attended an event, a joint report or individual report on behalf of all attendees may be made. (Reso. #06-18, 5/1/06) ************************************************************************
X. INVESTMENT POLICY
A. INTRODUCTION The purpose of this policy is to assure a prudent and systematic investment program
and to organize and formalize investment-related activities.
All funds shall be invested in accordance with this Annual Investment Policy. The
Annual Investment Policy is based on the California Government Code Section
53601 et seq. (herein after referred to as the “Code”) related to the investment of
public funds and prudent money management.
B. SCOPE
It is intended that this Annual Investment Policy cover all funds and investment activities under the direction of the City. C. PRUDENCE
The standard of prudence to be used by investment officials shall be the “prudent
person” standard, which states, “Investments shall be made with judgment and care,
under circumstances then prevailing, which persons of prudence, discretion, and
intelligence exercise in the management of their own affairs, not for speculation, but
for investment, considering the probable safety of their capital as well as the probable
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income to be derived.”
The overall investment program shall be designed and managed with a degree of
professionalism that is worthy of public trust. The City shall recognize that no
investment is totally riskless and that the investment activities of the City are a matter
of public record. Investment officers acting in accordance with this investment policy
and exercising due diligence shall be relieved of personal responsibility for an
individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
D. OBJECTIVES The primary objectives, in priority order, of the City’s investment activities shall be:
1) Safety. Safety of principal is the foremost objective of the investment program.
The City’s investments shall be undertaken in a manner that seeks to ensure
preservation of capital in the portfolio. 2) Liquidity. The City’s investment portfolio shall remain sufficiently liquid to
enable the City to meet its cash flow requirements.
3) Total Return On Investment. The City’s investment portfolio shall be designed
with the objective of attaining a market rate of return on its investments consistent with the constraints imposed by its safety objective and cash flow considerations.
Safety of principal is the primary objective of the City. Each investment
transaction shall seek to ensure that large capital losses are avoided from
securities or broker-dealer default. The City shall seek to ensure that capital losses are minimized from the erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk.
Credit risk, the risk of loss due to failure of the issuer of a security, shall be
mitigated by investing in only permitted investments and by diversifying the
investment portfolio according to this Annual Investment Policy.
Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by matching maturity dates, to
the extent possible, with the City’s expected cash flow draws. It is explicitly
recognized herein, however that, in a diversified portfolio, occasional losses is
inevitable and must be considered within the context of the overall investment
return. E. DELEGATION OF AUTHORITY The management responsibility for the investment program is hereby delegated to the
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City Manager who shall monitor and review all investments for consistency with this
investment policy. The City Manager may delegate responsibility for day-to-day
management of the portfolio. No person may engage in an investment transaction
except as provided under the limits of this policy. The City Manager may also
delegate the investment decision-making and execution authority to an investment
advisor. The advisor shall follow the policy, which has been approved by the Council and such other written instructions as are provided.
F. ETHICS AND CONFLICT OF INTEREST
Employees involved in the investment process shall refrain from personal business
activities that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial decisions. City employees involved
in the investment process shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any personal financial/investment positions that could be related to
the performance of the City’s portfolio.
G. INTERNAL CONTROLS
The City Manager or his designee shall establish a system of internal controls, which
shall be documented in writing. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentations by third parties and imprudent actions by employees of the City. The internal controls shall be
reviewed with the Finance Director/Treasurer and the independent external auditor.
The Finance Director/Treasurer shall perform a review of the internal controls at least
on an annual basis.
H. PERMITTED INVESTMENT INSTRUMENTS The City’s policy is to invest only in instruments as permitted by the Code, subject to the limitations of this Annual Investment Policy. Permitted investments in the portfolio shall provide sufficient liquidity to enable the City to meet its cash flow
requirements and shall not exceed a maximum stated term of up to three (3) years.
The Council must grant express written authority to make an investment or to
establish an investment program of a term longer than three (3) years.
Maturity shall mean the stated final maturity of the security, or the unconditional put option date if the security contains such provision. Term or tenure shall mean the
remaining time to maturity when purchased.
Permitted investments shall include:
1) U.S. Treasury Obligations: United States Treasury notes, bonds, bills or certificates of indebtedness, or those obligations for which the full faith and
credit of the United States are pledged for the payment of principal and interest.
2) Obligations of Federal Agencies and U.S. Government Sponsored Enterprises:
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Obligations issued by Banks for Cooperatives, Federal Land Banks, Federal
Intermediate Credit Banks, Federal Farm Credit Banks, Federal Home Loan
Banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or
in obligations, participation’s, or other instruments of, or issued by, or fully
guaranteed as to principal and interest by, the Federal National Mortgage
Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participation’s, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise, or such agencies or
enterprises which may be created.
3) State of California Obligations: Registered state warrants, treasury notes or
bonds of the State of California, including bonds payable solely out of revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency or authority of this State.
4) Local Agency Obligations: Bonds, notes, warrants or other evidences of
indebtedness of any local agency of the State, including bonds payable solely out
of revenues from a revenue-producing property owned, controlled, or operated by a local agency or by a department, board, agency or authority of a local agency. Such obligations must be rated A-1/P-1, or equivalent or better short-
term; or Aa/AA or better long term by two national rating agencies.
5) Bankers’ Acceptances: Bills of exchange or time drafts drawn on and accepted
by domestic or foreign banks, which are eligible for purchase by the Federal Reserve System, the short-term paper of which is rated in the highest letter and numerical rating (A-1/P-1) by Moody’s Investors Services and by Standard &
Poor’s Corporation. Purchases of Banker’s Acceptances may not exceed 270
days maturity. No more than five percent of the City’s portfolio may be invested
in the Banker’s Acceptances of any one commercial bank.
6) Corporate Notes: Medium-term corporate notes of a maximum of five years maturity issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and
operating within the U.S. Notes eligible for investment shall be rated in a
category “A” or its equivalent or better by a nationally recognized rating
service. Purchase of medium-term corporate notes shall be limited to five
percent in any one issuer. 7) Insured Savings/Money Market Accounts: Federal Deposit Insurance
Corporation (FDIC)-insured savings accounts or Securities and Exchange
(SEC)-registered money funds.
8) Negotiable Certificates of Deposit or Deposit Notes: Issued by a nationally or state-chartered bank or a state or federal savings and loan association or by a state-licensed branch of a foreign bank. Such obligations must have long-term
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ratings of Aa/AA or better by two national rating agencies.
Purchases of negotiable certificates of deposit shall be limited to five percent in
any one issuer. (Deposit notes and bank notes shall be included with negotiable
certificates of deposit in calculating allowable maximum percentages.)
9) Mortgage and Asset-Backed Obligations: Any mortgage pass-through security collateralized mortgage obligation, mortgage-backed or other pay-through bond,
equipment lease-backed certificate, consumer receivable-backed bond of a
maximum of five years maturity. Such obligations must be rated Aa/AA or better
long term by two national rating agencies and the issuer of such obligations must
be rated Aa/AA or better by two national rating agencies. Purchases of securities authorized by this section shall be limited to five percent in any one non-governmental issuer.
10) State of California’s Local Agency Investment Fund (LAIF): In accordance with
Section 16429.1 of the California Government Code, the Agency may invest up
to the maximum amount permitted by law in LAIF. The LAIF portfolio, including its average maturity, credit quality and Investment Policy shall be reviewed annually.
11) Commercial Paper: Commercial paper of “prime” quality of the highest ranking
or of the highest letter and numerical rating (A-1/P-1) as provided by Moody’s
Investors Service, Inc. and Standard & Poor’s Corporation; provided that the issuing corporation is organized and operating within the United States, has total assets in excess of $500 million and has an “A” or higher rating for its long-term
debt, if any, as provided by Moody’s or Standard & Poor’s.
Purchases of eligible commercial paper may not exceed 180 days maturity nor
represent more than 10 percent of the outstanding paper of an issuing
corporation. Purchases of commercial paper may not exceed 25 percent of the
City’s portfolio. No more than five percent of City’s portfolio may be invested in Commercial Paper of any one corporation pursuant to this section.
Credit criteria listed in this section refer to the credit of the security or the
issuing organization at the time the security is purchased.
I. INELIGIBLE INVESTMENTS Any security type or structure not specifically approved by this policy is hereby specifically prohibited. Security types which are prohibited include:
(1) Inverse floaters, range notes, dual index notes, leveraged or de-leveraged
floating rate notes, or interest-only strips that are derived from a pool of
mortgages. (2) Any security that could result in zero interest accrual if held to maturity. (3) Any security with an unusually high degree of interest rate sensitivity or credit
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risk.
(4) Any security that is foreign currency denominated.
J. RATING DOWNGRADES
The City may from time to time be invested in a security whose rating is
downgraded. In the event of a downgrade, the City Manager or his designee shall
report the downgrade to the Council at the next scheduled presentation of the portfolio. In the event of a downgrade below the minimum credit rating criteria permitted by this investment policy, the designated investment manager shall
immediately report the downgrade to the City Manager. The City Manager or his
designee shall report to the Council, at their next regularly scheduled meeting,
both the downgrade and the action that has been taken.
K. DIVERSIFICATION Investments shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, specific issue, or specific class of
securities. Diversification limits ensure the portfolio is not unduly concentrated in
the securities of one type, industry, or entity, thereby assuring adequate portfolio
liquidity should one sector or company experience difficulties.
INSTRUMENTS Maximum % of Portfolio at Time Of Purchase
A. U.S. Treasuries (including U.S. Treasury Coupon and principal
STRIPS 100% (Code)
B. Federal Agencies and U.S. Government Sponsored Enterprises 100% (Code)
C. State of California Obligations 25% (Code 100%)
D. Bankers Acceptances 25% (Code 40%)
E. Negotiable Certificates of Deposit 30% (Code)
F. Corporate Securities/Certificates of Deposit 30% (Code)
G. Mortgage and Asset-backed Securities 30% (Code)
H. Money Market Funds 20% (Code)
I. Commercial Paper 25% (Code)
J. California Local Agency Investment Fund (LAIF) 100% (Code)
Issuer/Counterparty Diversification Guidelines - The percentages specified below
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shall be adhered to on the basis of the entire portfolio:
i. Any one Federal Agency or Government Sponsored Enterprise (except LAIF) 35%
ii. Any one repurchase agreement counterparty name
If maturity/term is < 7 days 50%
If maturity/term is > 7 days 25%
Issuer/Counterparty Diversification Guidelines for All Other Securities described
in Subsections A. - J above. Permitted Investments of this Annual Investment
Policy: Any one corporation, bank, local agency or other corporate name for one or more series of securities, and specifically with respect to special purchase
vehicles issuers for mortgage and asset-backed securities, the maximum
applies to all such securities backed by the same type of assets of the same
issuer. 5%
L. SALES PRIOR TO MATURITY
In the effort to maximize portfolio performance, the City, may, from time to time,
sell securities that it owns in order to better reposition its portfolio assets in accordance with updated cash flow schedules or better market opportunities.
M. REPORTING REQUIREMENTS
In accordance with Government Code Sections 53600 through 53609, the City
Manager or his designee shall annually render to the Council a statement of
investment policy, which the Council shall consider at a public meeting.
The City Manager shall render a monthly investment report to the Council. The report shall be submitted within 30 days following the end of the month. The
following shall be included, if applicable.
• Type of investment instrument (i.e. Treasury Bill, medium-term note)
• Issuer names
• Purchase date (trade and settlement date)
• Maturity date
• Par value
• Purchase price
• Coupon rate
• Call/refunding date and price
• Discounts or premiums, if any
• Accrued interest paid at purchase, if any
• Accrued interest to date
• Amortization of premium/discount
• Overall portfolio yield based on cost
• Yield at market
• Book value
• Current market value and the source of the valuation
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• Current credit rating of each security other than U.S. Treasuries • Average maturity or duration • Unrealized market value gain or loss (i.e., market value-book value) • Other special features, characteristics, or comments The report also shall (i) state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance, (ii)
include a statement denoting the ability of the City to meet its cash expenditure
requirements for the next six months, or provide an explanation as to why
sufficient money shall, or may, not be available.
N. SAFEKEEPING AND CUSTODY All securities owned by the City shall be kept in safekeeping with “perfected interest” in the name of the City by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement executed between the bank and the City. All securities shall be received and delivered using standard delivery versus payment procedures. (Revised 4/06) ************************************************************************
XI. USE OF CITY FACILITIES
A. City Hall Meeting Rooms
General Policy When not in use for scheduled City meetings and activities, the City Council Chambers and the second floor conference room may be used by other governmental agencies, Mill Valley civic organizations or not-for-profit art and environmental organizations. Limitations of Use 1. Use is limited to governmental agencies, Mill Valley civic organizations and not-for-profit art and environmental organizations. No commercial or profit-making
individual or group usage will be allowed. Consistent with the Establishment Clause
of the First Amendment, no usage for religious purposes shall be permitted.
2. All meetings must be free and open to the public; no donations may be solicited.
3. Rooms are not available for permanent rental or on a consecutive daily, weekly or
monthly basis.
4. Maximum Capacity of City Council chambers is 110; maximum capacity of Second
Floor Conference Room is 12.
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5. Request for use may be made through the City Clerk's office up to 30 days in advance. 6. Use is granted with the understanding that the City may pre-empt a reservation for City business at any time. 7. Cancellation must be confirmed with the city clerk before 5:00 p.m. on the day of use. 8. A completed application must be received in order to confirm a requested date. 9. No food or beverages may be served except for City-sponsored events. 10. User is responsible for delivery, placement, and prompt removal of all equipment. 11. User shall restore facilities in a neat and orderly fashion after each use. 11.1. Replace all furniture to original position
11.2. Turn off sound equipment and lights
11.3. Remove any pamphlets, extraneous materials
11.4. Close all windows
12. All persons to whom use has been granted must agree in writing to hold the City
harmless and indemnify the City from any and all liability for injury to persons or
property occurring as a result of the activity sponsored except for liability arising
from the sole negligence or willful misconduct of the City. User group is responsible
for damage or loss (including property) resulting from the actions of users and guests.
(9/21/99)
B. Policy Guidelines for Display of Art in City Buildings
1. Pursuant to the Mill Valley Municipal Code, the Art Commission is responsible
for sponsoring exhibits by local artists in the Mill Valley City Council Chambers.
Consistent with constitutional requirements, the selection of art for display in
public buildings must be based on artistic merit, rather than the content of the
artistic message being conveyed.
2. When conducting its merit-based selection process, the Art Commission shall take
into consideration that City buildings are primarily places of employment and
where public business is conducted and secondarily serve as a limited public
forum for the display of art. Although the City encourages artistic expression, the
City also wishes to ensure that City buildings are places where citizens,
employees, and visitors of various ages and diverse views feel welcome and
comfortable. In addition, the City must comply with State and Federal laws
prohibiting sexual harassment in the workplace.
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3. The Art Commission shall communicate these policy guidelines to artists who are applying to display their work in City buildings and again in confirmation letters to the chosen artists. The Art Commission shall consider these policy guidelines when identifying particular pieces of art to be displayed by a chosen artist and when determining the location, timing and manner of display of the artist's work. 4. The Art Commission may seek guidance from the City Council regarding the selection of art for display in public buildings. The City Council has the final authority to determine when and in what manner art exhibits may occur in city buildings. (6/96)
C. Mill Valley Community Center, Golf Clubhouse, City Parks
Use of the Mill Valley Community Center, Golf Clubhouse, and use of city parks or the downtown plaza shall be authorized by the Parks & Recreation Commission following its adopted guidelines.
D. Large Group Gathering Areas
1. All proposed events must be evaluated by the Parks and Recreation Commission and, in some cases, the Art Commission before approval is granted for use of public areas.
2. Traditional community events will be given scheduling priority. Traditional
events will be evaluated annually by City staff and the Parks and Recreation
Commission to determine the validity of traditional status.
3. Alcohol may be permitted at large events with approval of the Parks and
Recreation Commission, subject to the guidelines of the State Alcoholic Beverage
Control Board and the following:
a. The time and duration of the event during which alcoholic beverages are
served will be determined by the Parks and Recreation Commission.
b. Security and monitoring of the service of alcohol will be approved by the
Parks and Recreation Commission and the Police Department. “Open Bars”
are not permitted. Sponsors will be evaluated on their control of service.
c. For those events where alcohol is the main focus, event sponsors must provide
low alcohol and non-alcoholic beverages. Appropriate food must be provided
at no charge. The availability of these alternative beverages and food will be
included in all advertising.
d. Proof of insurance must be on file with the City and such insurance must
name the City of Mill Valley as additional insured for the duration of the
event.
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e. The service of wine and beer is permissible at open public events. The service of distilled spirits is prohibited at open public events. f. Signs discouraging drinking and driving will be prominently displayed. 4. Except as provided in City ordinance or state or federal law, the City will not exercise control over events occurring on private or commercial property within Mill Valley. City staff will meet with event sponsors (e.g., Mill Valley Film Festival) to establish mutually acceptable voluntary guidelines for operations. This process will insure that event impact on community, facilities, and services will be planned for in response to public concerns.
E. Parades
1. All parades must have a permit issued by the police department pursuant to Mill Valley Municipal Code Section 11.34. 2. Parade permit applications shall be processed in the order received except as otherwise provided in this regulation. In the event two or more applicants seek to conduct a parade at the same location and time, applications for a recurring parade shall be afforded first priority and applications by non-profit organizations
located in Mill Valley shall have priority over applications by individuals or non-
profit organizations located outside Mill Valley. Scheduling priorities shall be
afforded without regard to the subject matter or viewpoint of the proposed parade.
For purposes of this regulation, the term ‘recurring parade’ means a parade that
has been conducted by the same person, entity or organization at least two
consecutive years on a particular day. A particular day may be identified by a
holiday name (e.g., Memorial Day), by a day of the month (e.g., January 12), or
by a description (e.g., second Wednesday in April).”(3/21/05)
3. The City of Mill Valley will assist with traffic control and parking issues, but will
not sponsor or organize parades. (11/15/04)
F. City Banner Poles
1. Subject to constitutional limitations, the banner poles on East Blithedale are for
use by the City and Mill Valley non-profit organizations. The City of Mill Valley
may pre-empt use of the pole for a City banner at any time.
2. Reservations begin at the start of the calendar year on a first-come-first-serve
basis.
3. Subject to constitutional limitations, banner text, materials and colors shall be
reviewed by the City before installation.
Mill Valley
City Council Policies 27
4. Banners may be hung for a maximum of one week at a time for non-profit organizations. 5. The required fee must be paid at the time of reservation. The fee shall be waived for any City banner. 6. The banner is to be picked up within five (5) working days after date of removal or there will be a $10 late pickup charge. If not picked up within 30 days the banner will become the property of the City of Mill Valley. (1/94) 7. Street light poles throughout the city are not to be used to hang banners (2/07) ***********************************************************************
XII. PUBLIC WORKS
A. “Watch for Children” Signs
Applications for “Watch for Children” sign installation will be considered only when all the following conditions are met:
• The road is winding;
• No sidewalks exist;
• The road is used by children going to and from school and/or to and from playground areas.
B. Street Lighting
1. Street lighting is necessary for safety of vehicles and pedestrians. 2. Lighting along streets between intersections should be related to pedestrian activity at night. Some streets have limited activity while others, close to schools, churches, and business areas, have considerable activity. Such lighting should also be related to the extent to which vehicles use the streets at night. 3. The staff should continually monitor and review existing lighting to determine if such lighting should be removed or relocated.
C. Naming or Re-naming Street, Park, Building or Other Public Places
Any proposal for any new name for any street, park, building or other public place, shall be reviewed by the Mill Valley Historical Society. All such proposals shall be
Mill Valley
City Council Policies 28
approved by the City Council. No City property or building shall be named after a living person. (6/17/85, 3/18/96)
*************************************************************************
XIII. PERSONNEL ADMINISTRATION
The City Council, through the administration of the City’s personnel system, desires and insists upon a highly competent and qualified workforce that reflects the richness of diversity that can be found throughout the employment marketplace of the San Francisco Bay Area. In order to achieve this goal, the City supports and encourages the following:
• The provisions of the Equal Opportunity Act of 1972.
• Fair employment practices in employment, services and treatment of all persons
without discrimination related to race, color, national origin, sex, age, creed,
religion, disability(ies), marital status, sexual orientation, or political affiliation.
• Establishment or utilization of a job standard or requirement only when there is a bona fide job requirement.
• The establishment and maintenance within the City’s financial capability of a benefit and compensation program that is designed to attract and keep a diverse workforce. The design of this program shall take into consideration the diverse needs of a work force consisting of short-, mid- and long-term employees.
• The identification and maintenance of information on and the locations of groups
and organizations which reflect the Bay Area’s diversity that can be contacted
regarding municipal employment opportunities.
• The development, adoption and dissemination of policies that are designed to
ensure that the City is a safe and non-hostile place to work.
• Periodic training sessions on topics such as cultural awareness and sensitivity training so as to create and maintain an employee culture that places a high value on diversity.
• Diversity in the City’s workforce which more specifically means diversity throughout all City departments and at all employment levels and within occupational groupings. (1/94) ***********************************************************************
XI. RECYCLING
Solid waste management poses an increasingly difficult challenge as America's consumption increases and landfill space becomes scarcer. The City of Mill Valley has participated in recycling efforts to meet the requirements of California's Integrated Waste Management Act of 1989 (AB 939). The implementation of a recycling program by
itself is insufficient. Recycling has not truly taken place until the recycled material has
been used in the manufacture of a product and that product has been purchased and
placed in use.
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City Council Policies 29
State and local government purchases account for 13% of the gross national product. Therefore, government purchasing can have a direct and meaningful influence on the marketplace. It is the intent of the City Council that the City of Mill Valley take a leadership role in the recycling of its waste products, conservation of materials and in the purchase of recycled products for the use and delivery of City services. Return of waste products to the recycle stream Whenever possible, all City employees and departments shall return recyclable waste products to the recycling industry. Examples of recyclable waste materials may include:
• Recyclable paper (stationery, computer paper, cardboard, etc.)
• Used motor oil and solvents
• Tires and batteries
• Glass and plastic
• All metals
Conservation of materials
When practical, all City employees and departments shall conserve materials in order to
reduce the amount of resultant waste materials. Examples of conservation may include:
• Printing on both sides of office paper
• Using the back side of "used" office paper for "scratch" paper
• Using reclaimed wastewater
• Using chipped yard wastes for ground cover
• Analyzing engine oil to extend life
• Filtering and reclaiming solvents
• Plan for the use of all purchased paints - nothing leftover Purchase of products containing recycled materials It is the policy of the City of Mill Valley to purchase products and materials containing
recycled waste materials whenever feasible except when such use negatively impacts
health, safety or operational efficiency.
1. The purchase of products that cannot be recycled or reused is strongly
discouraged.
2. Recycled paper shall be purchased and used in all copy machines that will accept
it and shall be used for all printing purposes when possible. All City departments
shall use recycled paper for letterhead, envelopes and business cards. When
feasible, a recycled paper logo or the statement "printed on recycled paper" shall
be shown on recycled paper products. A recycled paper designation shall be
printed on all letterhead.
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City Council Policies 30
3. City departments shall restructure purchasing procedures and specifications (where applicable) to implement the use of products that incorporate recycled materials. Recycled products may include, but shall not be limited to: Paper products - letterhead, envelopes, copier and printer paper, notepads, paper towels, paper cups, toilet paper, tissue paper, chart paper, etc.
• Compost made with yard waste and/or sewage sludge
• Oil and grease
• Paint
• Reclaimed wastewater
• Landscape materials
• Janitorial supplies
• Plastic, glass and rubber supplies
• Construction, automotive, road and highway supplies 5. A 10% preference not to exceed $1,000 per contract shall be given to recycled products. The preference percentage shall be based on the lowest bid or price quoted by the vendor or contractor offering non-recycled products. 6. All contractors/consultants bidding on City jobs shall specify recycled products as listed above whenever possible. Community cooperation Whenever feasible, the City of Mill Valley will cooperate with and encourage local business, homeowners and other government agencies to implement recycling efforts consistent with this Council Policy. (3/18/96)
council\policies\current policies
EXHIBIT 4
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COUNCIL PROCEDURES MANUAL FOR THE TOWN OF ROSS
1. Introduction.
• Purpose of Procedures Manual.
• Overview of City Documents (Municipal Code, California Government Code, Annual
Budget, General Plan, etc.), as well as regional agencies (ABAG, MCSTOPP, Transportation
Authority for Marin, Marin Telecommunications Agency, Marin Energy Authority, and
other JPA’s
• Orientation of new Council Members (Meeting Town and Ross Recreation Staff,
League of California Guide, etc.)
2. Town Council: Roles and Responsibilities.
• Town Council.
• Role of Mayor and Mayor Pro Tempore.
• Appointment of Town Manager and Town Attorney.
• Role in Disaster.
• Council Standing Committees (Finance, General Government, Community
Protection, and Public Works).
• Establishment of Advisory Committees.
• Council Relationship with Advisory Committees.
• Ethics and Conflict of Interest.
3. Town Council Meetings.
• General Procedures.
• Meeting Schedule.
• Special Meetings.
• Placing Items on Agenda.
• Public Notice.
• Meeting Procedures (Order of the Agenda, Closed Sessions, Public Comment,
Consent Calendar, Committee Reports, Staff Reports, Acting as Planning Commission,
Design Review, Adjournment, etc.).
• Discussion Rules.
• Voting Procedures.
• Ordinances.
• Resolutions.
• Open Meeting Laws (the Brown Act).
4. Interaction with Town Staff.
• Overview.
• Council-Manager Form of Government.
• Council-Manager Relationship.
• Town Manager Code of Ethics.
• Town Council/Town Attorney Relationship.
• Roles and Information Flow.
• Restrictions on Political Involvement by Staff.
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5. Communication and Representation.
• “Speaking for the Town”.
• Representation on Regional Committees and JPA’s.
• Proclamations.
1. INTRODUCTION.
Purpose of the Procedures Manual.
This Manual has been prepared to assist the Town Council by outlining current practices and
procedures. By following the practices and procedures set forth in this Manual, the effective
functioning of the Ross Town Council is greatly enhanced. While attempting not to be overly
restrictive, these standards are established so that expectations and practices can be clearly
articulated to guide Council Members in their actions. It is recommended that this Procedures
Manual will be reviewed by each two-year Town Council and may be revised from time to time.
Governing Standard.
It is the policy of the Town of Ross to uphold, promote, and demand the highest standards of
ethics and conduct from all of its employees, consultants, and officials, whether elected,
appointed, or hired. The Town Council members, all Town employees, and all members of Town
boards and committees shall maintain the highest standards of personal integrity, truthfulness,
honesty, and fairness in discharging their public duties.
Overview of Town Documents.
This Manual provides a summary of important aspects of Town Council activities. However, it
cannot incorporate all material and information necessary for undertaking the business of a town
council. Many other laws, policies, plans, and documents exist which bind or influence the Town
Council to certain courses of action and practices. A summary of some of the most notable
documents that establish Town Council direction is provided below.
Municipal Code.
The Municipal Code contains local laws and regulations adopted by Ordinances. The
administrative chapter of the code describes the organization of Town Council meetings and the
appointment of certain town staff positions. In addition, the Municipal Code contains a variety
of laws. The municipal code is available either on the Town’s website or from the Town Clerk.
California Government Code.
The State Government Code contains many requirements for the operation of city and town
government. Many of these requirements are also replicated within the municipal code to ensure
there is broad awareness of such requirements. The Town of Ross is a “general law” entity, which
means it is organized in accordance with provisions of the State Government Code. Also
described within the government code is the Council-Town Manager form of government.
Basically, this form of government prescribes that a town council’s role is to establish polices and
priorities, while the role of the Town Manager is to oversee the operations of the town
government.
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Annual Budget.
The Town’s annual budget provides a description of Town services and the resources used to
provide services. The document contains both a broad overview of the budget as well as
descriptions of programs and services organized for convenience by each Town department. The
Town of Ross operates on a July 1 through June 30 fiscal year.
General Plan.
State law requires every incorporated town, city and county to have a general plan containing at
least seven elements covering land use, circulation, housing, conservation, open space, public
safety and noise. The general plan can be described as the Town's "blueprint" for future
development. It represents the community's view of its future; a constitution made up of the
goals and policies upon which the Town Council will base their land use decisions. All
subdivisions, public works projects, and zoning decisions must be consistent with the general
plan. If inconsistent, they must not be approved. In June 2007, the Town Council adopted a new
general plan to guide future development in Ross through 2025. Although the plan recognizes
that some change is necessary, its underlying philosophy is that the existing character and design
of Ross is to be protected and enhanced.
Orientation of New Council Members.
It is important that members of the Council have an understanding of the full range of services
and programs provided by the organization. As new members join the Town Council, the Town
Manager will coordinate with department heads to provide tours of Town facilities and meetings
with key staff.
League of California Cities Guide.
The League is an association of virtually all cities and towns in California. It provides many
services including the production of educational conferences for local officials, publication of
various newsletters and the monthly magazine Western City. The League has lobbyists on staff
to represent the interest of member jurisdictions. Each year, the League of California organizes
a two-day training session in Sacramento for newly elected council members and mayors. Each
newly elected Council members are encouraged to attend at the Town’s expense. Participants
receive a League publication, the Mayors and Council Members Resource Guide, that is a useful
resource information on the role and responsibilities of council members and on the specific
requirements and laws that govern Council actions.
2. ROLES AND RESPONSIBILITIES.
Town Council Powers and Role.
The powers of a town or city council in California to establish policy are quite broad. Essentially,
councils may undertake any action related to town or city affairs other than those forbidden or
preempted by state or federal law. Specifically, the Council shall have the power, in the name of
the city or town, to do and perform all acts and things appropriate to a municipal corporation and
the general welfare of its inhabitants and which, are not specifically forbidden by the Constitution
and laws of the State of California (California Government Code).
The Town Council is charged with overseeing governance in the Town of Ross. Five elected
Council members establish municipal policy and enact and implement local ordinances. In Ross,
the Town Council also functions as the Planning Commission and is responsible for developing a
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general plan, considering environmental impact reports, reviewing planning applications, and
making zoning and variance decisions, among other matters.
It is important to recognize that the Town Council acts as a body. No member has extraordinary
powers beyond those of others members. While the Mayor and the Mayor Pro Tempore may
have additional ceremonial and administrative responsibilities, in the establishment of policies,
and in other significant areas, all members are equal. Policy is established and direction is given
to Town staff by a majority vote of the Council.
While individual Council members may disagree with the decisions of the majority, a decision of
the majority binds the Council to a course of action and provides staff with direction to follow.
In turn, it is staff’s responsibility to ensure the policy of the Council is implemented and upheld
consistent with the wishes of the majority. Implementation of Council policy by staff does not
reflect a bias against Council members who held a minority opinion on an issue.
Mayor and Mayor Pro Tempore.
The Mayor and Mayor Pro Tempore are selected annually by the Town Council and serve a one-
year term.
The Mayor is the presiding officer at meetings of the Town Council and performs duties
consistent with the ceremonial office as may be delegated by the Town Council. Neither the
Mayor nor the Mayor Pro Tempore possesses the power of veto or any other policy-making
authority beyond that of the other Council members. As presiding officer of the Town Council
meetings, the Mayor or the Mayor Pro Tempore in his/her absence is to faithfully communicate
the will of the Council majority in matters of policy. The Mayor, or the Mayor Pro Tempore, in
his/her absence, is the official head of the Town and recognized spokesperson for ceremonial
purposes.
The Mayor shall also consult and coordinate with the Town Manager in the development of
agendas for meetings of the Town Council. An item will be put on the Town Council agenda for
discussion when at least two Council members submit their request by email or in writing to the
Town Manager or make the request at a Council meeting.
The Mayor, whenever available, shall sign all ordinances, and other documents that have been
adopted and authorized by the Town Council and require an official signature; except when the
Town Manager or another Town Official has been authorized by Council action to sign
documents. In the event the Mayor is unavailable, the Mayor Pro Tempore shall sign in the
Mayor’s absence.
Appointment of Town Manager, Town Attorney and Town Treasurer.
The Town Council appoints three positions within the city organization: the Town Manager, Town
Attorney, and the Town Treasurer. All positions serve at the will of the Town Council. The Town
Manager is an employee of the Town and has an employment agreement that specifies certain
terms of employment including an annual evaluation by the Town Council. The Town Manager
is responsible for all other personnel appointments within the Town. The current Town Attorney
is under contract, and a partner in a Bay Area law firm. The Town Treasurer is not an employee
of the Town.
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Role in a Disaster.
The Town Council has some special, extraordinary powers in the case of a disaster. Some meeting
restrictions and expenditure controls are eased in such extreme situations. In critical situations
the Council may be directed by the Town Manager or the Mayor to assemble to provide policy
guidance and to receive information in an emergency. Should the Town Council not be available
during an emergency, state law specifies a hierarchy of others who may serve in place of the
Town Council.
Ross Town Council Standing Committees.
Every year, after newly Council members are seated (if applicable) and officers are selected, the
Mayor shall appoint Council members to the four standing Town Committees, as well as
representatives on JPA’s and regional committees. The Council must formally ratify these
appointments, which thereafter serve at the pleasure of the Mayor. All Standing Committees
shall meet as necessary and comply with the requirements of the Ralph M. Brown Act. Town
staff, according to the discretion of the Town Manager, shall work with and support the efforts
of Committees. Other than recommendations, no official vote or action is taken at Standing
Committee meetings. Each Standing Committee shall inform the Council about its work and
progress at Council meetings. The full Council may take action on the recommendations of the
Standing Committees.
The basic duties and purposes of the four Standing Council Committees are described below:
General Government Committee.
The General Government Committee creates a public forum to consider issues relating to the
effective and efficient administration of the Town’s general government, while ensuring it is
responsive to the values and priorities of its residents. The General Government Committee
provides an opportunity for developing policies, resolutions, ordinances, contracts, etc., for
further discussion at a regular Council meeting.
Finance Committee.
The Finance Committee shall meet as necessary with the Town Manager to review and provide
input concerning Town financial matters and make regular reports and recommendations to the
Town Council regarding budgetary management and the Town’s financial standing. Among other
tasks, the Committee will review financial statements and track revenues and expenditures
relative to budget allocations, monitor Town investments, review the annual audit, provide
guidance with the annual budget, and explore alternative strategies to further the long-range
financial objectives.
Community Protection Committee.
The Community Protection Committee shall meet as necessary and review policies, practices,
facility and equipment needs related to fire and police protection, disaster planning, and other
emergency services affecting Town residents and businesses. The Committee shall provide
recommendations concerning community protection to the Town Council.
Public Works Committee.
The Public Works Committee shall review items relative to Town infrastructure, including road
repair and construction, pedestrian and bicycle safety, bridges, creeks, storm water
management, trees and parks. The Committee shall review and evaluate potential capital
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improvement programs and grant proposals, which shall be subject to the Town Council review
and approval.
JPA and Liaison Appointments.
Members of the Council are assigned to serve in a board member capacity on regional Joint
Power Authority (JPA) Boards, other bodies, and commissions (i.e. Transportation Agency of
Marin, Marin Energy Authority and the Marin Telecommunications Agency. The purpose of the
JPA assignment is to make decisions and advocate positions that are the interest of the JPA,
taking into account the interest of Town of Ross. The Council member on the JPA has a
responsibility to facilitate communication between the Town Council and the body. Members of
the Council will also be assigned to serve as liaisons to various organizations and entities in the
community, including the Ross School District Board, Ross Recreation, and the Marin Art and
Garden Board. The liaison also helps to increase the Council's familiarity with the membership,
programs and issues of the board or organization. Typically, assignments to commission liaison
and JPA positions are made at the beginning of a Council term in July or August. The Mayor will
ask Council members which assignments they desire and will submit recommendations to the
full Council regarding the various committees, boards, JPA’s, and commissions which Town
Council Members will represent as a liaison.
Appointment of Advisory Bodies.
The Town Council may form advisory bodies, such as the Advisory Design Review Group. When
establishing an advisory committee, the Council must ratify a resolution clearly stating its
purpose, responsibility, and term of service. In addition, resident committees and task forces can
be appointed by the Town Council to address issues of interest. A task force or advisory body is
a body created by Council for a specific task. Note that both appointed advisory bodies and task
forces are usually subject to the open meetings laws commonly known as the Brown Act.
3. COUNCIL MEETINGS.
General Procedures.
The Town Council runs its meetings using common-sense guidelines based upon a modified
version of Robert’s Rules of Order.
Presiding Officer: The Mayor is the presiding officer and acts as chair at Council meetings. In the
absence or incapacity of the Mayor, the Mayor Pro Tempore serves as presiding officer. Quorum:
Three-fifths of the Council members constitute a quorum for the transaction of business.
Regular Meetings.
Rules of meeting conduct and procedure are adopted by resolution and amended from time to
time. Regular meetings of the Ross Town Council are usually held (unless modified by Council
action) the second Thursday of the month at 6:00 p.m. at the Ross Town Hall, located at the
corner of Sir Francis Drake Boulevard and Lagunitas Road.
Special Meetings and Emergency Meetings.
Special meetings and emergency meetings of the Town Council may be called by the Mayor or
majority of the Town Council and held from time to time consistent with and pursuant to the
procedures set forth in the Ralph M. Brown Act. Any special meeting called pursuant to this
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section shall not be scheduled unless a majority of the Town Council has confirmed their
availability.
Closed Sessions.
The Town Council may hold closed sessions during any regular or special meeting, or any time
otherwise authorized by law, to consider or hear any matter that is authorized by State law. The
Town Council may exclude from any such closed session any person or persons, which it is
authorized by State law to exclude from such closed sessions. The general subject matter for
consideration shall be shown in the agenda posted for such session pursuant to the procedures
set forth in the Ralph M. Brown Act.
Public Hearings.
Public hearings may be required on certain items as prescribed by the Town of Ross Municipal
Code or by state or federal law. The general procedure for public hearings is as follows:
1. Staff presents its report. Council members may ask questions of staff.
2. The Mayor opens the public hearing.
3. The applicant and/or appellant have the opportunity to present his/her comments,
testimony, or arguments. Adequate time must be allotted for the applicant and/or appellant to
present his/her case. If the applicant and appellant are different persons, the applicant and
appellant should each be given equal time to present his/her views (15 minutes maximum unless
extended by the Mayor due to complexity of the project).
4. Members of the public may present their comments subject to time limits established by the
Mayor.
5. The applicant and/or appellant have the opportunity to present his/her rebuttal comments,
testimony, or arguments. Adequate time must be allotted for the applicant and/or appellant to
present his/her rebuttal case. If the applicant and appellant are different persons, the applicant
and appellant should each be given equal time to present his/her views (limited to 5 minute
maximum).
6. The Mayor closes the public hearing after everyone wishing to speak has had the opportunity
to do so.
7. Mayor provides staff the opportunity to comment on applicant presentation and
information, public comments, or unanswered Council member questions.
8. Council deliberates and takes action. When the Town Council acts in an adjudicatory or
quasi‐judicial capacity, the agenda shall reflect that each member must (1) disclose on the record
the general nature and substance of any ex parte communications relating to the matter; and (2)
provide interested parties full and fair opportunity to rebut or explain the information obtained
from those communications.
Conflict of Interest.
A conflict of interest shall be declared whenever appropriate and in compliance with state law.
The affected Council Member shall state why there is a conflict of interest when the Agenda item
is introduced and will step down from the dais and leave the Chambers. The Town Attorney is
available to advise Council Members individually about a potential conflict of interest.
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Discussion Rules.
To assist the Town Council in the orderly discussion of items, rules are followed which represent
accepted practices for the management of Council meetings.
1. Obtaining the floor: A member of the Town Council or staff shall first address the Mayor and
gain recognition. Comments and questions should be directed through the chair and limited to
the issue before the Council. Cross-exchange between Council Members and public should be
avoided.
2. Questions to staff: A Council Member shall, after recognition by the Mayor, address
questions to the Town Manager, Town Attorney, department head or designated staff member.
If a Council Member has questions on an agenda item, that member should preferably contact
staff prior to the meeting in order to allow staff time to research a response for the meeting.
3. Interruptions: a. Once recognized, a Council Member is considered to have the floor, and
another Council Member may not interrupt the speaker except to make a point of order or point
of personal privilege. In such a circumstance, the Council Member holding the floor shall cease
speaking until the point of order or privilege is resolved. b. Upon being recognized by the Mayor,
members of the staff shall hold the floor until completion of their remarks or until recognition is
withdrawn by the Mayor.
4. Discussion: A Council Member should not speak more than once on a particular subject until
every other Council Member has had the opportunity to speak. Council Members are encouraged
to discuss items during the decision-making process and may ask staff to respond when
appropriate. The Mayor normally allows other members to speak first, then will give his/her
views and summarize.
5. Tabling procedure: Tabling an item immediately stops discussion and causes a vote to
postpone a matter indefinitely or to a time and date certain. A motion to “continue” an agenda
item has the same effect, but is generally used when a scheduling problem arises or when
insufficient time is available to address the matter thoroughly.
6. Right of protest: A Council Member is not required to state reasons for a dissenting vote.
7. Calling for the question: The purpose of calling for the question is to disallow further debate
and put an issue to an immediate vote. A Council Member may move to “call for the question”
on an item which is being considered. The motion requires a second, is not debatable, and must
pass by a four-fifths vote. If the motion carries, the item is no longer debatable and the Town
Council must vote on it.
8. Conducting business at a late hour. According to Council policy, all regular meetings of the
Council are to end by midnight unless there is a three-fourths vote taken by 11:00 p.m. to extend
the meeting. The motion to extend is to include the title of the items to be considered after 11:00
and a new ending time for the meeting.
Voting.
All members of the Council, when present, must vote. If a member of the Council states that he
or she is not voting, his or her silence shall be recorded as an affirmative (aye/yes) vote unless,
however, the Council member abstains from voting by reason of his/her interest in the matter
before the Council and that reason is stated at the meeting.
Other Guidelines.
Other guidelines have been developed to ensure that meetings of the Council are conducted in
a civil and professional manner. Council members and staff shall:
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1. Work to preserve appropriate order and decorum during all meetings.
2. Discourage side conversations, disruptions, interruptions or delaying efforts.
3. Inform the Mayor before departing from a meeting.
4. Limit disruptive behavior. The Mayor will call persons demonstrating rude, boisterous, or
profane behavior to order. The Council has a policy to discourage applause, booing or other
similar behaviors from the public during meetings.
5. Impose time limits on speakers. While the Town Council encourages and embraces the need
for and right of public participation, it acknowledges that public comments must, at times, be
limited. Typically, speakers are limited to three minutes but a shorter time limit may be
established as deemed necessary.
6 Once recognized by the Mayor, the applicant and public members have the opportunity to
present to the Town Council. All applicant and public speakers should only speak when at the
podium.
Ordinances.
Ordinances are legislative acts by the Council and are the most permanent and binding types of
Council actions. Generally- ordinances are codified into the Ross Municipal Code. Non-urgency
ordinances require two readings, by title only, at separate Council meetings. An ordinance is
introduced during first reading and given final approval at second reading. Except for urgency
ordinances and ordinances relating to an election, taxes or street improvements, ordinances
become law thirty (30) days after second reading. Urgency ordinances may be adopted at first
reading and become effective immediately, as long as they are approved by 4/5ths of the Council.
Non-urgency ordinances require a majority vote of at least three (3) Council members.
With the exception of urgency ordinances, which may be introduced and adopted during first
reading and become effective immediately, all proposed ordinances are placed on the Council
agenda twice. The first reading is to insure that all interested parties are afforded the opportunity
to give input prior to final adoption of such ordinance. After introduction, the ordinance will be
placed on the next Council agenda on the Consent Calendar. When an ordinance has been so
placed on the Consent Calendar, anyone wishing to speak on the proposed ordinance may do so
during Public Comments. If adopted upon second reading, the ordinance shall be published by
title in a newspaper of general circulation and become effective thirty (30) days after final
approval, except as to ordinances relating to elections, taxes or streets. Upon becoming law 30
days after the second reading, ordinances are eligible to be codified into the Municipal Code.
Resolutions.
Resolutions are legislative acts that are not codified and are filed in the Office of the Town Clerk.
Resolutions, orders for the payment of money, require a recorded majority vote of at least three
Council members; otherwise they require a simple majority vote.
Resolutions may be used in the following situations:
1. The item states the Council’s policy position on issues or activities.
2. The Council’s action on an item is being formally documented.
Resolutions may not be used in the following situations:
1. The matter under consideration by the Council amends or repeals an ordinance.
2. The matter before the Council proposes to impose a penalty by fine, imprisonment or
forfeiture on a Town-wide basis.
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3. The matter before Council is expressly required by statutes to be acted upon by ordinance.
Open Meeting Laws (“The Brown Act”)
Operations and procedures of the Town and Town Council incorporate requirements of the
State’s open meeting law (commonly referred to as the Brown Act). Because this law is such an
important part of local government operations, some specific requirements of the law are
highlighted below.
Applicability and Penalties: The entire Town organization conducts its business in compliance
with the Ralph M. Brown Act, State Government Code Section 54950. The intent of the Act is to
ensure that deliberation and actions of local public agencies are conducted in open and at public
meetings.
A. Applicability: The Act applies to Council and all standing committees, advisory committees,
and task forces that advise Council. Staff cannot promote actions that would violate the Act.
B. Meetings: All meetings shall be open and public. A Town Council meeting takes place
whenever a quorum (3 or more members) is present and information about the business of the
body is received; discussions qualify as a meeting. Social functions (e.g., receptions, dinners) do
not fall under the Act unless city business is discussed. Serial meetings, which are not allowed
under the Brown Act, take place when any member of Council or city staff contact more than two
Council Members for the purpose of deliberating or acting upon an item pending before the Town
Council. This restriction does not apply to the public or media who may contact Council Members.
Correspondence that merely takes a position on an issue is acceptable. Note that the Brown Act
applies to Town Council Members immediately after their election and prior to their swearing-in
ceremony.
C. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting
and must meet various requirements.
D. Actions: No action can be taken on any item not appearing on the posted agenda. Exceptions:
1) An emergency situation exists (determined by a majority of the Council). 2) The need to take
action arose subsequent to the agenda being posted and there is a need for immediate action
(determined by 2/3 vote of the Council; or if less than 2/3 are present, by unanimous vote). 3)
The item was continued to another meeting that was scheduled and posted within 5 days of the
original agenda.
E. Public Input: The public, by law, has an opportunity to address the Council on any item of
interest to the public that is within the jurisdiction of the Council, at the time the matter is heard.
The Mayor has the right to establish a time limit on speakers and the total time allocated for a
particular issue. Three minutes per speaker has been standard, but in unusual cases, either
shorter or longer time periods may be established by the Mayor or the Council.
F. Public Disruptions: A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible"; the press may remain unless they participate in the
disruption.
G. Correspondence: All writings distributed for discussion or consideration during open session
of a public meeting are public records.
H. Special Meetings: Special meetings may be called by the Mayor or a majority of the Council
with strict notification requirements for delivery to the media and Council 24 hours before the
time of the meeting.
I. Emergency Meetings: Emergency meetings may be called without notification due to the
disruption or threatened disruption of public facilities. Only work stoppages or crippling disasters
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that impair the public health and/or safety qualify for emergency meetings.
J. Other Provisions: The Act provides many other restrictions and requirements; this chapter
is intended merely as a Council summary and overview of the Act, and nothing in this Chapter
supersedes the provisions of the Brown Act. Please check with the Town Attorney and/or the
Town Clerk for more information.
K. Closed Sessions: The Town Council may hold closed sessions during any regular or special
meeting, or any time otherwise authorized by law, to consider or hear any matter that is
authorized by State law. The Town Council may exclude from any such closed sessions any person
or persons which it is authorized by State law to exclude from such closed sessions. The general
subject matter for consideration shall be shown in the agenda posted for such session pursuant
to the procedures set forth in the Ralph M. Brown Act.
4. INTERACTION WITH TOWN STAFF.
Overview.
Town Council policy is implemented on a daily basis through staff. Therefore, it is critical that the
relationship between Council and staff be well understood by all parties so that policies and
programs may be implemented successfully.
Council-Manager Form of Government.
Like most California cities and towns, Ross has adopted a Town Council-Town Manager form of
government. The Council appoints a Town Manager to implement policy, enforce its laws, to
direct the daily operations of city government, and to prepare and monitor the municipal budget.
Council Members work through the Town Manager in dealing with Town staff unless simply
requesting information from department heads or other staff members. The Town Manager is
responsible to the Town Council as a body rather than to individual Council Members.
Council-Manager Relationship.
The employment relationship between the Town Council and Town Manager reflects the fact
that the Town Manager is the administrative head of government for the Town. The Town
Manager has an employment agreement with the Town Council. Regular communication
between the Town Council and Town Manager is important in maintaining effective interpersonal
relations. All dealings with the Town Manager, whether in public or private, should be consistent
with the authority of the Town Manager in administrative and personnel matters. Council
Members should avoid situations that can result in Town staff being directed, intentionally or
unintentionally, by one or more members of the Town Council. Further, Town Members should
avoid involving themselves in matters regarding individual Town employees or related affairs.
The Town Council evaluates the Town Manager’s performance on a regular basis to ensure that
both the Town Council and Town Manager are in agreement about organizational performance
and priority goals that are based on mutual trust and common objectives.
As in any professional relationship, it is important that the Town Manager keep the Town Council
informed. The Town Manager respects that the final responsibility for establishing the policy
direction of the Town is held by the Town Council. The Town Manager communicates with Town
Council in various ways. In addition to the formal Council meetings, there are periodic briefing
meetings with individual Council members and written memoranda and email. Communication
must be undertaken in such a way that all Council Members are treated similarly and kept equally
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informed. It is also important that the Council provide ongoing feedback, information and
perceptions to the Town Manager including responses to written communications and surveys
requesting feedback.
Town Manager Code of Ethics.
The Town Manager shall at all times adhere to the professional Code of Ethics (with guidelines)
established and updated (most recently revised in June 2017) by the International City/County
Management Association (ICMA), which are intended to ensure that his or her actions are in
support of the Town’s best interests.
Town Council-Town Attorney Relationship.
The Town Attorney is the legal advisor for the Council, Town Manager and departments. The
general legal responsibilities of the Town Attorney are to: 1) provide legal assistance necessary
for formulation and implementation of legislative policies and projects; 2) represent the Town’s
interest, as determined by the Town Council, in litigation, administrative hearings, negotiations
and similar proceedings; 3) prepare ordinances, resolutions, contracts and other legal documents
to best reflect and implement the purposes for which they are prepared; and 4) keep Town
Council and staff apprised of court rulings and legislation affecting the legal interest of the Town.
It is important to note that the Town Attorney does not represent individual members of Council,
but the Town Council as a whole.
Roles and Information Flow.
Objectives: It is the intent of staff to ensure Council members have free and easy access to
information from the Town and to ensure that such information is communicated completely,
with candor and without bias. Individual Council Members may not intervene in staff decision-
making, the development of staff recommendations, scheduling of work, or executing
department priorities without the prior knowledge and approval of the Town Council as a whole.
This is necessary to protect staff from undue influence and pressure from individual Council
Members, and to allow staff to execute the priorities given by management and the Council as a
whole without fear of reprisal.
Council roles: The full Town Council retains power to accept, reject, amend, influence, or
otherwise guide and direct staff actions, decisions, recommendations, service levels, workloads
and schedules, departmental priorities, and the performance of Town business. If a Council
Member wishes to influence the actions, decisions, recommendations, workloads, work
schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter
of Council policy. Should a Council Member become dissatisfied about a department, he/she
should always talk it over with the Town Manager, not the department head. Concerns about a
department head must be taken to the Town Manager or the full Council.
Access to Information. Individual Council Members as well as the Council as a whole shall receive
the full cooperation and candor of staff in being provided with any requested information. The
Town Manager or appropriate staff will inform council when a critical or unusual event occurs
about which the public would be concerned. To assist the Town Manager in his ability to monitor
the flow of information, requests for information are best tracked if submitted in writing, either
in memorandum form or through email. And to ensure proper responsiveness, Council Members
are asked to include or “cc” both the department head and the Town Manager on all
correspondence with staff.
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There are limited restrictions when information cannot be provided. Draft documents (e.g., staff
reports in progress, administrative draft EIRs) under review are not available for release until
complete and after review by city management. In addition, there are legal restrictions on the
Town’s ability to release certain personnel information even to members of the Town Council.
Certain aspects of Police Department affairs (access to restricted or confidential information
related to crimes) may not be available to members of the Council.
Town Council Members have a responsibility in this information flow as well. It is critical that they
make use of staff reports and advisory or standing committee minutes. Council Members should
come to meetings well prepared – having read staff reports and attachments, and requesting in
advance any necessary and available information from staff. If a Council Member has questions
on an agenda item, that member should preferably contact staff prior to the meeting in order to
allow staff time to research a response for the meeting.
Staff roles: The Council recognizes the primary functions of staff as serving the community,
executing Council policy and actions and in keeping the Council informed. Staff is obligated to
take guidance and direction only from the Council as a whole or from the appropriate
management supervisors. Staff is directed to report to the Town Manager any attempts by
individual members of the Council to unduly direct or otherwise pressure them into making,
changing or otherwise influencing recommendations. Town staff will make every effort to
respond in a timely and professional manner to all requests made by individual Council Members
for information or assistance; provided that, in the judgment of the Town Manager, the request
is not of a magnitude, either in terms of workload or policy, which would require that it would
be more appropriately assigned to staff through the direction of the full Town Council. If a
request by an individual Council Member is determined by the Town Manager to take one hour
or more of staff time to complete or require the hiring of a consultant, that request may be
included on the formal Council agenda for full Council discussion.
Restrictions on Political Involvement by Staff
Local governments are non-partisan entities. Professional staff, as reflected within the principles
of the Council-Manager form of government, formulates recommendations in compliance with
Council policy and for the good of the community and is not influenced by political factors. For
this reason, it is very important to understand the restrictions of staff in any level of political
involvement through campaigns, fund-raisers, or other means.
By working for the Town, staff members do not surrender rights to be involved in local elections.
Indeed, laws are in place to preserve those rights. However, there are limitations to such
involvement. Different restrictions apply to management and to general employees.
General employees have no restrictions while off the job. No participation in campaigns or other
activities may take place while on the job. No Town resources may be used by staff in support of
any campaign. Even while off the job, no employee may participate in campaign or other activities
in a uniform. For example, posing for a promotional photograph for a candidate for local office
while in uniform is inappropriate. The support of the Town Council in these matters is requested.
A Council Member asking staff to sign petitions or similar items can similarly create an awkward
situation.
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For management staff, the Town Manager strongly discourages any involvement in a local
campaign even while on personal time. Such involvement could erode the tenet that staff is to
provide an equal level of service to all members of the Town Council. The Town Manager
specifically prohibits any political involvement in local campaigns by department heads.
5. COMMUNICATION AND REPRESENTATION.
“Speaking for the Town”.
Similar to written correspondence, when members are requested to speak to groups or are asked
the Council’s position on an issue, the response should reflect the position of the Council as a
whole taken in open session. A member may clarify their vote on a matter by stating “While I
voted against ‘X’, the Town Council voted in support of it.” When representing the Town at
meetings or other venues, it is important that those in attendance gain an understanding of the
Town Council’s position rather than that of an individual member.
Representation on Regional Committees and JPA’s.
When a member of the Town Council appears before another governmental agency or
organization to give a statement on an issue affecting the Town, the Council member should first
indicate the majority position and opinion of the Council. Personal opinions and comments may
be expressed only if the Council member clarifies that these statements do not represent the
position of the Town Council.
Proclamations.
All requests for Proclamations, Certificates of Recognition/Appreciation should be submitted to
the Mayor and Town Manager for consideration. The subject or recipient should be Ross‐related.
It is within the Mayor’s discretion whether to prepare such a document and/or place it on the
agenda.
EXHIBIT 5
TOWN OF
SAN
ANSELMO
Last Revised
2020 Councilmember Policy Book
Town of San Anselmo
Page 1
Town of San Anselmo
COUNCILMEMBER POLICY BOOK
TABLE OF CONTENTS
SAN ANSELMO MUNICIPAL GOVERNMENT Section 1
General Law Town 2
Town Council – Town Manager Form of Government 2
Elected Town Officials 2
Appointed Town Officials 3
Town Manager 3
Town Clerk 3
Finance and Administrative Services 3
Library 3
Planning 4
Police 4
Public Works and Building 4
Community Services/Recreation 4
Fire 5
REQUIRED TRAINING & DOCUMENTATION 6
Conflict of Interest Prohibitions 6
Ethics Training 7
Harassment Training 7
TOWN COUNCIL POLICIES 8
FURTHER INFORMATION
Town of San Anselmo
Page 2
SAN ANSELMO MUNICIPAL GOVERNMENT
General Law Town
San Anselmo is a general law town operating under a
Council/Manager form of government. Most of
California’s cities are general law cities. In general law
cities the Council structure, planning procedures, and
many other aspects of local government are controlled
by State law. The Town’s Municipal Code includes our
local laws.
Town Council – Town Manager Form of
Government
San Anselmo operates under a Town Council – Town Manager form of government. Under this form of
government, the San Anselmo Town Council is the legislative body responsible for setting Town policy and
adopting the Town budget. The five Town Councilmembers are elected at-large by the San Anselmo
electorate for four year staggered terms. Elections are held in even-numbered years, with three
Councilmembers elected in one cycle and two Councilmembers elected in the alternate cycle. Annually,
the five Town Councilmembers select a Mayor and Vice-Mayor.
The Town Council appoints a Town Manager, who is the administrative head of Town government. The
Town Manager is responsible for policy implementation and management of the day-to-day operations
of the Town. The Town Manager advises and makes recommendations to the Town Council concerning
any conditions or situations which require Council direction or policy determination and prepares the
recommended budget for consideration and adoption by the Town Council. Department Heads are
appointed by the Town Manager.
The San Anselmo Town Council holds regular meetings on the second and fourth Tuesday of each month at
7:00 p.m. in the Town Hall Council Chambers, located at 525 San Anselmo Avenue. The Town Council
also calls special meetings as necessary.
Elected Town Officials
In addition to the five Town Councilmembers, San Anselmo voters elect the Town Treasurer and the Town
Clerk. They are both elected for four-year terms. There is no limit on the number of terms elected
officials in San Anselmo may serve.
The Town Treasurer is responsible to review the monthly trial balance, review the quarterly investment
report and periodically meet with staff to review operations.
The Town Clerk is responsible for the recordkeeping functions of the Town and attests official Town
documents. The Town Clerk may also be an employee of the Town.
Town of San Anselmo
Page 3
Appointed Town Officials
As described previously, the Town Council appoints a Town Manager, who oversees all Town operations
and advises the Town Council on budget and policy matters. In addition, the Town Manager appoints the
Town Clerk and Department Heads, including the Finance and Administrative Services Director, Librarian,
Planning Director, Public Works Director, and the Community Services Director. In addition, the Town
belongs to two Joint Powers Authorities for Police and Fire Protection. Following is a brief description of
the major responsibilities of each department. Please note that many of the functions listed below have
been impacted by the COVID-19 pandemic; however, the Town has done its best to continue its core
operations while maintaining an effective emergency response.
Town Manager
The Town Manager’s office provides support to the Town Council and oversees the daily operations of
the Town. The office is also responsible for the Town’s emergency management, public information,
elections, state and federal mandates such as the Americans with Disabilities Act, as well as Town Council
agenda and packet preparations and minutes, coordination of municipal elections every two years and
processing official documents enacted by the Council.
Town Clerk
The Town Clerk’s office provides assistance to the Town Manager and Town Council members and is
custodian of all official Town records and the Town seal. The Town Clerk acts as a compliance officer for
federal, state, and local statutes including the Political Reform Act, the Brown Act, and the Public Records
Act. The Town Clerk administers local elections and access to Town records, manages public inquiries and
relationships, and arranges for ceremonial and official functions. Additional duties include preparing
Council meeting agendas and packets, giving notice of public hearings, updating the Municipal Code,
maintaining the Town’s website, authenticating official records on behalf of the Town, and administering
the oath of office to elected officials and staff.
Finance and Administrative Services
The Finance and Administrative Services Department provides for the Town’s administrative, fiscal,
personnel, and property management functions. In addition, its staff manages labor relations and staff
support, inter-governmental relations, business license administration, risk management and insurance
administration, and the Town’s franchise agreements for cable television and solid waste collection. The
department provides administrative support to all departments serving the Town.
Town of San Anselmo
Page 4
Library
The San Anselmo Library has functioned as a public library since
1915 and is a Carnegie Library. In addition to fulfilling its
traditional role of lending books and other print materials, the
library lends books-on-tape and videos and provides on-line public
access to the Internet and several databases. The public may also
make appointments to receive one-on-one Internet tutoring.
Children’s storytimes, a Summer Reading Program and special
Children’s Holiday programs are regular events. The Library also
sponsors adult programs, including a Book Discussion group and
Author Talks. Funding for the Library comes from the Town’s
General Fund, the Special Library Tax, fines and fees, special state
grants and donations. The Friends of the San Anselmo Library raise
money for library programs by sponsoring book sales and
conducting other fundraising activities.
Planning
The Planning Department is responsible for land use planning, zoning, design review, and compliance
management. Current planning responsibilities involve review of development projects, use proposals,
and compliance management to ensure that projects are in conformance with the Zoning Ordinance.
Advanced planning responsibilities include amendments to both the Zoning Ordinance and General Plan.
The General Plan, which has several elements, must be internally consistent, such that policies and
programs within the plan may not conflict with one another, and the Zoning Ordinance must be consistent
with the General Plan.
Police
As of December 31, 2012, the San Anselmo Police Department consolidated with the Twin Cities Police
Authority. This consolidation created the Central Marin Police Authority. The Central Marin Police
Authority consists of sworn officers and civilian employees, including uniformed patrol staff, detectives,
juvenile officers, traffic officers, dispatchers and a parking enforcement officer. The regular staff is
assisted by volunteers and reserve police officers. The department provides a wide variety of services
and is dedicated to providing a safe environment to residents, visitors and the business community. The
Department's motto, "Service to our communities" expresses a philosophy and commitment to our citizens
to provide the highest quality police services through sharing services and costs with maximum
effectiveness.
Town of San Anselmo
Page 5
Public Works and Building
The Public Works Department is responsible for administering public works projects, providing
engineering management of the Town’s infrastructure within budget limits, delivery of accurate, reliable
and timely plan/permit review and inspection services as required by the Building Code in accordance
with the expectations of the Town Council and the community. The Department is also responsible for
maintaining and improving the Town’s parks and community gathering areas (Memorial Park, Creek Park,
Sorich Park, Lansdale Station Park, Robson-Harrington House grounds and Faudé Park) and for the
maintenance and upkeep of the landscaped areas surrounding Town facilities, including the Town Plaza.
The Street Maintenance division is responsible for routine maintenance of Town streets, median islands,
parking lots, storm drains and seasonal creek cleanings, emergency response in storms and other Town
maintenance projects as required.
Community Services/Recreation
The Recreation Department provides Town citizens and visitors
with the opportunity to enjoy organized participation sports, arts
and crafts, educational and unstructured leisure programs at the
Town’s recreation, parks and open space facilities. Summer day
camps, pre-school, and day care programs are also offered to
meet the specific needs of younger citizens. Sports programs,
including softball and soccer, are provided for youths and adults.
This Department also provides community services, such as
planning for annual community events.
Fire
San Anselmo is served by the Ross Valley Fire Authority through a
Joint Powers Agreement with the Towns of Fairfax, Ross and
Sleepy Hollow Fire Protection District. There are four stations, one
in downtown San Anselmo, one on Butterfield Road, one in Ross,
and one in Fairfax next to the Town Hall. There is a minimum of
nine personnel, all of whom are trained as Emergency Medical
Technicians, on duty between the four stations. The Department
responds to a wide variety of emergency calls, from house fires to
medical assistance to automobile accidents, as well as performing a variety of fire prevention duties. The
administrative headquarters is located in the downtown San Anselmo station (777 San Anselmo Avenue).
During a normal forty hour work week, the Fire Chief, Fire Inspector and the Administrative Assistant are
on duty.
Town of San Anselmo
Page 6
REQUIRED TRAINING AND DOCUMENTATION
Conflict of Interest Prohibitions
The Political Reform Act of 1974 (California Government Code Sections 87100 et. Seq.), which was
enacted by the voters of California by initiative, prohibits financial conflicts of interest on the part of
public officials. The Act provides that no official, including board, commission and committee members,
shall make, participate in making, or in any way attempt to use his or her official position to influence a
Town decision if the official knows, or has reason to know, that the decision will have a material financial
effect on his or her interests or those of his or her family. The State’s Fair Political Practices Commission
(FPPC) enforces the State’s conflict of interest regulations. San Anselmo board, commission and committee
members may seek the advice of the Town Attorney or the FPPC regarding conflict of interest issues and
concerns; however, only a formal advice letter from the FPPC will insulate individuals from FPPC
enforcement actions.
The Political Reform Act of 1974 includes requirements for filing of periodic statements of economic
interests for members of the Town Council and Planning Commission. At the current time, no other Town
board, commission or committee members are subject to State or local filing requirements. The Town
Clerk routinely advises the members of the Planning Commission and Town Council of filing requirements
and deadlines and will inform other advisory body members of any changes that would affect them.
Government Code Section 1090, which is a separate law from the Political Reform Act, states that any
Town officers or employees (which includes appointees of the Town) shall not be financially interested in
any contract made by any body or board of which they are a member.
A conflict of interest may also exist under common law doctrine. The common law doctrine against conflict
of interest prohibits public officials from placing themselves in a position where their private/personal
interest may conflict with their official duties. While the Political Reform Act focuses on financial conflicts
of interest, the common law conflict of interest extends to non-economic conflicts. Council and committee
decisions are expected to be made by disinterested and unbiased decision makers.
A Form 700 is required to be submitted within 30 days of assuming office. You will receive
an email from the FPPC for logging into their disclosure system. If you do not receive an
email within the first week, contact Town Clerk Carla Kacmar at
ckacmar@townofsananselmo.org.
Town of San Anselmo
Page 7
Ethics Training
State law (Assembly Bill No. 1234) requires local officials to receive two hours of specified ethics training
every two years. Although you may have a strong sense of personal ethics, the role and responsibility of
the public servant may require different ethical considerations. The laws play a significant role in defining
ethical conduct for public officials. Not all of those laws are intuitive; some can be traps for the unwary.
When you are a public servant, it is not just about your own sense of personal ethics; it is also about the
public's perception of your ethics. The public's trust in you is dependent on whether they perceive your
actions and decisions as promoting the public's interests, as opposed to your own personal or political
interests. A cost-free training is available at http://localethics.fppc.ca.gov/login.aspx and at the end of
the training a certification of completion must be printed and turned into Town Hall.
Harassment Training
Employer Resource Management Association (ERMA), the JPA to which Bay Cities Joint Powers Insurance
Authority belongs for employment risk management insurance, provides online Sexual Harassment
Prevention training. This training is required every two years for Town management employees and
Town Councilmembers. You must complete your first AB 1234 training within one year of taking office.
Please contact Helen Yu-Scott at 415-258-4678 for further information.
Town of San Anselmo
Page 8
TOWN COUNCIL POLICIES
Resolution No. 3335 – Donation of Memorial Gifts
Resolution No. 3621 – Returning Donations to Donor
Resolution No. 3628 – Declarations and Other Support Documents
Resolution No. 3752 – Reimbursement of Expenses
Resolution No. 3855 – Rosenburg’s Rules of Order
Resolution No. 3912 – Procedure for Filling Vacancies on BCCs
Resolution No. 3968 – Guidelines for Independent Expenditures Hearing
Resolution No. 4073 – Appointment of Mayor
Resolution No. 4074 – Code of Ethics
Resolution No. 4110 – Setting Agendas for Meetings
Resolution No. 4111 – Utilization of Electronic Communications
Resolution No. 4146 – Capital Assets Policy
Resolution No. 4221 – Town Council Guidelines Regarding Public Meetings
Resolution No. 4293 – Debt Management Policy
Town of San Anselmo
Page 9
FURTHER READING MATERIAL
CONFLICT OF INTEREST MAP
Under the Political Reform Act, public officials may not make, participate in making, or attempt to use
their official positions to influence a governmental decision in which they know or have reason to know
that they have a disqualifying interest. A public official has a disqualifying interest if the governmental
decision at issue will have a reasonably foreseeable, material effect on the official’s financial interests.
Under FPPC Regulation 18702.2, there is now a presumption that a decision involving property within
500 feet of an official’s property will have a material impact on the official’s interest. In addition, there is
now a presumption that a decision involving property 1,000 feet or more from the official’s property will
not have a material impact on the official’s interest.
For decisions involving property located between 500 and 1,000 feet from the official’s property, whether
the decision creates a conflict depends on several factors. Under the regulation, a decision will have a
material impact on the official’s property interest if it would change the parcel’s development potential,
income-producing potential, highest and best use, market value, or, if it would change the parcel’s
“character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or
air quality.” Revised FPPC Regulation 18702.2 can be viewed here.
The Town has created maps indicating both a 500-foot and a 1,000-foot radius around each parcel
owned by a public official to help you identify when you might have a disqualifying conflict of interest.
BROWN ACT
The Ralph M. Brown Act ensures that the Town’s business is conducted in open, noticed meetings where all
persons are permitted to attend and comment on the issues before the Town Council.
The Brown Act prohibits a majority of the Council from reaching a decision outside of a regularly
scheduled meeting. A violation may occur when a majority of the Council discusses an issue that falls
within the subject matter of the Council at a party, via email or text, or through an intermediary. Per
California Government Code section 54952.1, the Brown Act applies to elected officials, even before
they have been sworn in.
To learn more about the Brown Act, the League of California Cities has an in depth manual located here.
MOST CURRENT BUDGET
SAN ANSELMO MUNICIPAL CODE
EXHIBIT 6
CITY OF SAUSALITO
CITY COUNCIL, CITY MANAGER, CITY ATTORNEY OPERATING PROTOCOLS
Updated May 2010
Amended June 8, 2010
Amended February 2, 2013
Amended January 24, 2017
Affirmed January 9, 2018
Amended February 13, 2018
Amended January 8, 2019
Amended January 28, 2020
A. PLACING ITEMS ON THE AGENDA
Following each Council meeting, preferably within one week thereafter, the City
Manager, City Attorney and City Clerk will meet with the Mayor and the Vice
Mayor to set the agenda for the next two upcoming regularly scheduled City
Council meetings
If a Council Member wants to put an item on the agenda, he/she goes to the Mayor
or raises the item during the “Future Agenda Item” section of the regularly
scheduled City Council meeting.
By consensus, or a majority vote, if necessary, an item can be put on a future City
Council agenda within a reasonable time on a date to be determined by the City
Manager working with theMayor and Vice Mayor unless otherwise specifically
directed by a majority of the Council.
The agenda packet for each regularly scheduled Council meeting will includea
projection of the future items scheduled for consideration by the Council for a
rolling 3 month time period.
If a member of the public asks for an item to be put on the agenda during Public
Comment time, the Council can direct staff to put it on a future agenda when there
is consensus by the Council, or defer discussion of that item to the “Future Agenda
Item” section of the City Council meeting.
B. COUNCIL-GENERATED STAFF WORK
All requests for staff work must go through the City Manager.
The City Manager determines how much work a request will take.
If significant,the Council by consensus or majority vote must support the request.
C. GIVING DIRECTION TO THE CITY MANAGER
The Council collectively gives direction to the City Manager.
D. WORKING WITH THE CITY MANAGER IN COMMUNICTIONS WITH THE
STAFF
Routine requests for information can be asked directly of staff without going
through the City Manager.
If staff would be put in an awkward position or feel that they were being given
direction, go through the City Manager for theinformation.
If you have a question of staff about an item on the agenda, when possible ask the
staff person ahead of time (before the meeting) so that he/she can be prepared with
the answer.
As much as possible, e-mail staff with requests for information and c.c. the City
Manager. The City Manager shares the information equally with all Council
members.
E. GIVING DIRECTION TO THE CITY ATTORNEY
The Council collectively gives direction to the City Attorney.
Council members individually may request information of the City Attorney.
If significant,the Council by consensus or majority vote must support the request.
Decisions regarding City Attorney attendance at other than City Council and
Planning Commission meetings are determined by the City Manager with the City
Attorney.
F. RESPONDING INDIVIDUALLY, AS A COUNCIL MEMBER, TO PUBLIC
COMPLAINTS OR INQUIRIES
Report serious public complaints or inquiries to the City Manager and ask the City
Manager to follow up with the member of the public.
Routine complaints (e.g., replacement of a street light) can go directly to the
appropriate department.
Let the City Manager know if you’ve spent time with a community memberdealing
with a complaint.
Inform the complainant that the appropriate staff member will be notified of a
complaint.
When possible, email the City Manager with complaints or forwardcomplainants’
emails to the City Manager.
If a public member’s perception is that they have been treated poorly (e.g., rude) by
a City staff member, the Council member needs to share the information with the
City Manager.
G. COUNCIL MEMBER REPRESENTATION ON REGIONAL BOARDS
The Mayor appoints, at a Council meeting, Council member representatives and
alternates to regional boards.
Council member representatives will be asked to provide brief updates to the City
Council at the next available opportunity following a regional board meeting.
H. COUNCIL MEMBER REPRESENTATION ON COUNCIL SUBCOMMITTEES
The Mayor appoints, at a Council meeting, Council member representatives to
Council subcommittees.
When you represent the City (as on Boards, Commissions or JPAs), you represent
the majority Council view, not your personal viewpoint. Councilmembers acting as
representatives may need to ask the body they are representing to allow time to get
clarity from their Council. If not possible, the Council representative must act as
best as possible he/she can. If there is no formal Council vote on the position, the
representative has the discretion to weigh in on the issue.
Council member representatives will be asked to provide brief updates to the City
Council at the next available opportunity following a subcommittee meeting.
I.RESPONDING TO THE PRESS
When contacted by the press, clarify whether you’re speaking on behalf of the
Council or yourself.
If you do not feel knowledgeable about an issue, refer matters to the Mayor, an
appropriate Council member or the City Manager.
All press calls need to be answered and as quickly as possible.
Confidential issues (anything discussed in closed session) cannot be talked about
with anyone.
J.CONSENSUS* DECISION MAKING
Council members strive toward consensus, including healthy discussionsallowing
for divergent opinions and/or disagreement.
If consensus cannot be reached, or if legally required, a vote is taken.
* Consensus = General agreement; a decision that all can live with
K. ACTION OF COUNCIL SUBCOMMITTEES
Council subcommittees cannot take action on behalf of the Council; they canonly
make a recommendation to the City Council for action.
Standing Council subcommittees operate under the Brown Act. Ad hoc (short term,
single purpose subcommittees) are not subject to the Brown Act.
Minutes of Council subcommittee meetings and Boards/Commissions on whicha
Council member participates as a member of the Board/Commission will be
placed on the Council’s consent calendar at the regular meeting of the Council
following preparation of the minutes
L. MEETING MANAGEMENT In order to facilitate efficient and effective meetings
and to optimize the City’s resources and the publics’ time the Council will utilize
the following tools during Council meetings:
Council meetings will be run utilizing Rosenberg’s Rules of Order,Simple
Parliamentary Procedures for the 21
st Century Revised 2011(attached)
Speaker cards will be utilized for agendized items to allow members of the public to
identify the item(s) on the agenda on which they wish toparticipate.
City Council agendas will include estimated allotments of time for each agendized
item and will be available to the public.
Following each presentation, the Chair of the meeting will give each
Councilmember an opportunity to ask any questions. City Council members will
then each be given an opportunity to discuss the item. After a motion has been
made, each member will given an additional opportunity to discuss the pending
motion or make an alternative motion The Chair of the meeting will poll each
Councilmember on each series of discussions and will continue to do so until the
question is called and there is a motion or a vote to close comments, or there isno
more discussion. A request to re-open Public Comment or call staff back to the
podium, will require the consensus of the Council or formal vote. The Chair will
also have discretion to distinguish questions from statements of opinion.
Rosenberg’s Rules are revised to allow for discussion prior to making a motion.
M. CHOOSE CIVILITY
Treat everyone courteously
Listen to others respectfully
Exercise self-control
Give open-minded consideration to all view-points
Focus on the issues and avoid personalizing debate
Embrace respectful disagreement and dissent as democratic rights, inherent
components of an inclusive public process, and tools for forging sound decisions
IN ADDITION TO THE PROTOCOLS, WHAT DO COUNCIL MEMBERS EXPECT
AND NEED OF EACH OTHER TO WORK EFFECTIVELY AS A TEAM?
Consensus List:
Answer and return emails and phone calls; flag emails that are important and
include a time when you need a response
The Mayor will establish weekly “office hours” for 1 -2 hours/per week for
communications from fellow Council members
Indicate your preference for getting messages quickly
Don’t speak over each other
Everyone should have the opportunity to be heard in closed session and respect
each other’s opinion; formalize agendas with timeframes and clarify whether
direction is needed or not; consider change to formal venue
Be honest
Be prompt
Be present and be prepared
Avoid repeating what someone else has said
Listen to each other
Be brief in your comments
Get closed session packet as early as possible
Be advocates, not activists (willing to accept others’ views)
Attached: Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21st CenturyRevised 2011
Approved July 13, 2010
Approved February 12,2013
Approved: January 24, 2017
Affirmed: January 9, 2018
Approved: February 13, 2018
Approved: January 8, 2019
Approved: January 28, 2020