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HomeMy WebLinkAboutTC Agd Pkt 2023-10-04 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council October 4, 2023 Regular Meeting 6:30 P.M. TIBURON TOWN COUNCIL AGENDA The meeting will be held in person and will be televised live on Zoom. Members of the public have the option of participating in-person or remotely via Zoom at: Webinar: https://us06web.zoom.us/j/89217087066 Webinar ID: 892 1708 7066 Call-in Number: +1 669 444 9171 Submit public comment by: 1. Email comments@townoftiburon.org prior to 12:00 p.m. the day of the meeting. Written comments received will be saved as part of the record of the meeting. 2. Attend the meeting in person at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 and provide public comment. 3. If on Zoom, during the public comment portion of the agenda item, select the “Raise Hand” option or *9 if using a phone. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. The Town Council meeting will not be cancelled if any technical problems arise during the meeting. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Nikfar, Councilmember Thier, Councilmember Welner, Vice Mayor Fredericks, Mayor Ryan 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 CC-1. Town Council Minutes – Adopt minutes for September 20, 2023 Town Council regular meeting (Office of the Town Clerk) CC-2. Vacancies on Town Boards & Commissions – Announce special vacancy on the Parks, Open Space & Trails Commission (Office of the Town Clerk) ACTION ITEMS AI-1. Town Council Committee Appointments – Review Town Council Committee Appointments List and consider any changes (Office of the Town Clerk) DISCUSSION ITEMS DI-1. Town Council Rules & Protocols – Review and provide feedback on Town Council Rules & Protocols document (Office of the Town Clerk) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: (Emily G. Morkemo et al. v. Town of Tiburon, Marin County Superior Court Case No. CIV0000520) ANNOUNCEMENT 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. Page 1 of 4 Tiburon Town Council Minutes #16-2023 September 20, 2023 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Ryan called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, September 20, 2023, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Town Clerk Dilena ORAL COMMUNICATIONS Pamela McConnell-Douglass said she and her son had experienced harassment in Tiburon. Steve Douglass asked that the bus stop near the Hilarita be cleaned up. Barbara Warren asked the Council to have a meeting or provide guidance on how to make the anti-smoking ordinance in multi-unit buildings enforceable. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for September 6, 2023 Town Council regularmeeting (Office of the Town Clerk) CC-2. Investment Summary – Adopt investment summary for month ending July 31, 2023 (Department of Administrative Services) CC-3. August 29, 2023 Special Municipal Election – Adopt resolution certifying the results ofthe August 29, 2023 Special Municipal Election (Office of the Town Clerk) MOTION: To adopt Consent Calendar Items No. 1-3, as written. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-1 Page 2 of 4 Tiburon Town Council Minutes #16-2023 September 20, 2023 PRESENTATIONS P-1. Oath of Office – The Town Clerk will administer the Oath of Office to Councilmember- elect Isaac Nikfar P-2. Marin Countywide Electric Vehicle Acceleration Strategy – Christine O’Rourke Public comment was received by: • Steve Douglass asked about electric vehicles. • Suzanne Mellen spoke in support of the program. • Jenny Silva spoke in support of the program. Several speakers spoke on matters not related to the agenda item and the Council went into a 10-minute recess. The meeting resumed at 7:15 p.m. ACTION ITEMS AI-1. Angel Island Tiburon Ferry Grant – Consider authorizing staff to submit a grant application to the California Air Resources Board Advanced Technology Demonstration and Pilots Project Program on behalf of Angel Island Tiburon Ferry (Office of the Town Manager) MOTION: To authorize staff to submit a grant application to the California Air Resources Board Advanced Technology Demonstration and Pilot Projects Program on behalf of Angel Island Tiburon Ferry. Moved: Fredericks, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner AI-2. Regional Government Services Agreement – Consider authorizing the Town Manager to sign a first amendment to a Professional Services Agreement with the Regional Government Servies Authority for administrative support in an amount not to exceed $115,000 (Office of the Town Manager) MOTION: To authorize the Town Manager to execute a first amendment to the Professional Services Agreement with Regional Government Services Authority in an amount not to exceed $115,000. Moved: Fredericks, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner PUBLIC HEARINGS PH-1. Amendment to the 2023-2031 Housing Element – Hold a public hearing and consider adoption of a resolution amending the 2023-2031 Housing Element (Community Development Department) Page 3 of 4 Tiburon Town Council Minutes #16-2023 September 20, 2023 Public comment was received by: • Bo asked for clarification about whether Site H is suitable for inclusion. • Beth Gassel spoke in opposition to including Site H in the Housing Element. • Tom Struttman spoke in opposition to including Site H in the Housing Element. • Darren spoke in opposition to including Site H in the Housing Element. • Jon Larssen spoke in opposition to including Site H in the Housing Element. • Matt Cutler spoke in opposition to including Site J in the Housing Element. • David Park spoke in opposition to including Site H in the Housing Element. • Stewart Scheinholz spoke in opposition to including Site H in the Housing Element. • Susan Mollen spoke in opposition to including Site H in the Housing Element. • Cynthia Massey-Kim spoke in opposition to including Site H in the Housing Element. • Eric Crandall referred to his written letter and reports submitted that reference the concerns about Site H. • Julie Jacobs spoke in opposition to including more units downtown in the Housing Element. • Jenny Silva spoke in support of the proposed Housing Element including Site H. • Peter Prows spoke in opposition to including Site H in the Housing Element. • Mike Pautler spoke in opposition to including Site J in the Housing Element. • Carmela Davis spoke in favor of the proposed Housing Element. • Robert Wolfson spoke in opposition to including Site H in the Housing Element. MOTION: To adopt the resolution. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSTAIN: Nikfar TOWN COUNCIL REPORTS Councilmember Thier asked if future Council meetings that conflict with the annual League of California Cities conference can be rescheduled so councilmembers may attend. TOWN MANAGER REPORT Town Manager Chanis said he would be out of the office the following week. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Ryan adjourned the meeting at 9:20 p.m. JACK RYAN, MAYOR TOWN OF TIBURON Page 4 of 4 Tiburon Town Council Minutes #16-2023 September 20, 2023 ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Special Vacancy on the Parks, Open Space and Trails Commission Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Following his election to the Town Council, Isaac Nikfar submitted his resignation from the Parks, Open Space and Trails Commission. The Council will announce the special vacancy on the Commission and invite applications to fill the vacancy. RECOMMENDED ACTION(S) 1. Announce the special vacancy on the Parks, Open Space & Trails Commission by adoption of this item on the Consent Calendar. BACKGROUND Town Council Resolution No. 16-2007 (Appointments Procedure) requires that the Mayor announce special vacancies that have occurred on Town boards, commissions, and committees at the earliest possible Town Council meeting following the vacancy. Following his election to the Town Council, Isaac Nikfar has submitted his resignation from the Parks, Open Space and Trails Commission. The Notice of Special Vacancy (Exhibit 1) has been posted and staff is seeking applicants to fill the seat. The application period will close at 5:00 p.m. on October 20, 2023. The Town Council will be required to interview all new candidates before an appointment is made. 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 October 4, 2023 Agenda Item: CC-2 Town Council Meeting October 4, 2023 TOWN OF TIBURON PAGE 2 OF 2 CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 announce the special vacancy on the Parks, Open Space and Trails Commission by adoption of this item on the Consent Calendar. Exhibit(s): 1. Notice of Special Vacancy Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees October 2023 Parks, Open Space and Trails Commission (POST) Statutory Authority: Title I, Chapter 2, Article VI of the Tiburon Municipal Code; Town Council Resolution No. 22-2008; Town Council Resolution 13-2017 Term: Short-Term (approximately 2.5 years) Purpose: The POST Commission serves as the official Bicycle-Pedestrian Advisory Committee of the Town. Among its duties are to periodically review the Tiburon Bicycle & Pedestrian Master Plan and submit recommendations to the Town Council on bicycle and pedestrian-related matters. The POST Commission also periodically reviews the Parks and Recreation Element of the Tiburon General Plan, and makes specific recommendations to the Planning Commission and Town Council on policy matters pertaining to parks and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement and operation. The POST Commission assists with the organization of Town-sponsored events such as the Coastal Clean-up, public facility dedications and fund-raising events. Qualifications: Applicants must be residents of the Town of Tiburon and should have the time available to attend 6 meetings per year. A vacancy on the Parks, Open Space, and Trails Commission has occurred as follows: Appointee Date Resigned Term Expires Isaac Nikfar 9/26/2023 2/28/2026 *********** Interested residents can contact Tiburon Town Clerk Lea Dilena at (415)435-7377 for more information, or submit an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also online at www.townoftiburon.org. Deadline for Applications: October 20, 2023 at 5:00 P.M. (Position open until filled) Notice Posted at Town Hall & Library Notice published in The Ark on October 4, 2023 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Town Council Committee Appointments Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Councilmembers are appointed to serve on various boards and committees. At the beginning of each year and on an as-needed basis, the Council reviews the list to make any necessary changes or new appointments. RECOMMENDED ACTION(S) 1. Review the Committee Appointments List and make any necessary or desired updates for the rest of 2023. BACKGROUND Members of the Town Council are appointed to serve on a variety of local and regional boards and committees and as the Town representatives on a number of joint powers authorities. They also serve on Town standing and ad hoc committees to study issues or projects in town. Following Councilmember Nikfar’s election to the Town Council, it is now timely for the Town Council to conduct a review of the list of appointments (Exhibit 1) to make any necessary changes or updates. ANALYSIS In addition to general review and potential revisions to the list of appointments, staff specifically recommends the Council consider the following: • Consider appointments to fill vacant seats. The Council has not yet considered filling the appointments that were left vacant by Noah Griffin’s departure from the Council. The current vacancies are highlighted in yellow in the attached list. • Consider appointment of Captain Jarrod Yee to serve as the alternate appointment to the Marin Emergency Radio Authority. Chief of Police Jean serves as the delegate appointment. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 4, 2023 Agenda Item: AI-1 Town Council Meeting October 4, 2023 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 review the Committee Appointments List (Exhibit 1) and make any necessary or desired updates for the remainder of 2023. Exhibit(s): 1. Committee Appointments List Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 2023 Town Council Committee Appointments List 02/2023 Page 1 of 4 TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2023 I. STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Holli Thier, Delegate Jon Welner, Alternate 2. COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY-SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center) Holli Thier, Delegate Jack Ryan, Alternate 3. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) Alice Fredericks • Voting Delegate for Town of Tiburon o Alternate: Holli Thier • Transportation, Communication & Public Works State Policy Committee - (Appointment by North Bay Division of the League of CA Cities) 4. MARIN CLEAN ENERGY BOARD OF DIRECTORS (Meets 1st Thursday from 7–9 p.m. at 1 McGinnis Parkway, San Rafael) Holli Thier, Delegate Jack Ryan, Alternate 5. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michelle Jean, Delegate [VACANT], Alternate 6. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Jack Ryan, Delegate Alice Fredericks, Alternate 7. TRANSPORTATION AUTHORITY OF MARIN BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center) Alice Fredericks, Board member [Term = 1/1/2020 – 12/31/2023] 2023 Town Council Committee Appointments List 02/2023 Page 2 of 4 • Fredericks serves on the Human Resources Ad Hoc Committee, and Administration Projects Planning Executive Committee • Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC Jack Ryan, Alternate II. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Holli Thier, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3rd Monday in the Town Hall Community Room) [VACANT], Town Council Voting Member 3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY (formed 3/16/16) [JPA members include Town of Tiburon, City of Belvedere, RUSD] Holli Thier – Primary Director Jack Ryan – Primary Director 4. CHAMBER OF COMMERCE LOCAL BUSINESS TASK FORCE [Task Force members include Chamber Exec. Director, Tiburon Town Manager, Destination Tiburon member, and two retail representatives] VACANT Jack Ryan III. TOWN STANDING COMMITTEES 1. DIVERSITY INCLUSION TASK FORCE • Holli Thier (Chair) • VACANT (Vice Chair) 2. DOWNTOWN REVITALIZATION • Jack Ryan • Holli Thier 3. LEGISLATIVE ACTION • Jack Ryan • Alice Fredericks 4. MARTHA PROPERTY APPLICATIONS • Jon Welner • Alice Fredericks 2023 Town Council Committee Appointments List 02/2023 Page 3 of 4 5. USE OF TECHNOLOGY • Holli Thier • Jon Welner IV. TOWN AD HOC COMMITTEES 1. SUSTAINABILITY • Alice Fredericks • Jon Welner 2. UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY • Alice Fredericks • Jack Ryan 3. 2023 TOWN MANAGER PERFORMANCE EVALUATION • Jack Ryan • Alice Fredericks 4. 2023 BUDGET FINANCE • Jack Ryan • Alice Fredericks 5. 2022 COURT USAGE • Alice Fredericks • Jack Ryan V. BOARD OF SUPERVISORS APPOINTMENTS Nominated by MCCMC and appointed by Board of Supervisors GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT BOARD OF DIRECTORS (Meets 2nd & 4th Fridays at 10 a.m., GGBHTD offices) Holli Thier [current term = 1/1/2022 – 1/1/2024] VI. MCCMC COMMITTEE APPOINTMENTS 1. Legislative Committee [a Standing Committee per MCCMC Bylaws] (Meets4th Monday at 8:00 a.m., San Rafael City Hall) Alice Fredericks (also serves as Chair) No alternate 2. JPA Oversight Ad Hoc Committee (Meetings scheduled as needed) Jack Ryan, delegate 2023 Town Council Committee Appointments List 02/2023 Page 4 of 4 No alternate 3. Climate Change and Sea Level Rise – Ad Hoc Committee (Meetings scheduled as needed) Alice Fredericks, delegate Jon Welner, alternate 4. Pension and OPEB Reform Committee Holli Thier, Delegate Noah Griffin, Delegate Jack Ryan, Alternate 5. Disaster Preparedness Committee Jack Ryan, Delegate Holli Thier, Alternate 6. Water Policy Committee Holli Thier Delegate [vacant], Delegate 7. Marin County Bay Waterfront Adaptations Vulnerability Evaluation *(Bay WAVE) Policy Group Alice Fredericks’ appointment affirmed by Town Council on April 20, 2016 8. HOMELESS POLICY STEERING COMMITTEE (HPSC) (Under auspices of County Dept. of Health Human Services) VACANT, Town representative VII. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMap Steering Committee (Meetings scheduled as needed) [VACANT] Marin County Hazardous & Solid Waste JPA (Meets quarterly) Greg Chanis Marin Climate and Energy Partnership (MCEP) Local Governments for Sustainability (Meets 1st Thursday, San Rafael City Hall) Samantha Bonifacio (Assistant Planner), Staff Liaison & voting board member TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Consider Approval of a Town Council Rules & Protocols Manual Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will review and provide feedback on a Town Council Rules & Protocols Manual. RECOMMENDED ACTION(S) 1. Review and provide feedback on the draft manual (Exhibit 1). 2. If the Council is not ready to make a decision on the matter, direct staff as to any amendments that should be made to the manual and/or desired 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. 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 meeting deliberation/discussion. On March 16, 2022, the Town Council reviewed examples of rules & protocols documents from several other Marin County jurisdictions and agreed Mayor Ryan and Vice Mayor Fredericks would work together on development of a draft manual for the Council’s review (Exhibit 1). ANALYSIS Tonight, the Town Council will review the draft rules & protocols document prepared by Mayor Ryan and Vice Mayor Fredericks (Exhibit 1). The draft presented tonight was based on the Town of Ross’ manual. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 4, 2023 Agenda Item: DI-1 Town Council Meeting October 4, 2023 TOWN OF TIBURON PAGE 2 OF 2 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: 1. Review and provide feedback on the draft manual (Exhibit 1). 2. If the Council is not ready to make a decision on the matter, direct staff as to any amendments that should be made to the manual and/or desired next steps. Exhibit(s): 1. Draft Town Council Rules & Protocols Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 TOWN OF TIBURON TOWN COUNCIL RULES & PROTOCOLS Adopted xx/xx/xxxx Town Council Rules and Protocols Page 2 of 17 I. INTRODUCTION Purpose of the Procedures Manual This Manual has been prepared to assist the Town Council by outlining current practices and procedures. These standards are established so that expectations and practices can be clearly articulated to guide Council Members in their actions. The Town Council will amend and update these procedures on an as-needed basis. Substantive amendments will be adopted and incorporated by resolution. Governing Standard It is the policy of the Town of Tiburon 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. 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 Tiburon 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 policies and priorities, while the role of the Town Manager is to oversee the operations of the town government. 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 Tiburon operates on a July 1 through June 30 fiscal year. Town Council Rules and Protocols Page 3 of 17 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 May 2023, the Town Council adopted a new general plan to guide future decision-making in Tiburon through 2040. 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. New Councilmembers may also refer to the Orientation Memo (Appendix A) provided to newly appointed officials. 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 for newly elected council members and mayors. Each newly elected Council member is 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. II. ROLES AND RESPONSIBILITIES Town Council Powers and Role The Town Council is the local legislative and policy-making body responsible for overseeing governance in the Town of Tiburon, appointing the Town Manager and Town Attorney, the establishment of various boards and commissions and appointing qualified citizens to those boards and commissions, and determines the necessary policies and services of the community. The Town Council is responsible for setting the direction of Town policy and for adopting ordinances, resolutions, and other orders as necessary for governing the Town. Five elected Council members make up the Town Council. 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 Town Council Rules and Protocols Page 4 of 17 the general welfare of its inhabitants and which, are not specifically forbidden by the Constitution and laws of the State of California. It is important to recognize that the Town Council acts as a body. No member has extraordinary powers beyond those of other members. While the Mayor and the Vice Mayor 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. To ensure clarity of the Council’s direction, the Presiding Officer of the meeting should ensure that the final motion, including any friendly amendments or passed substitute motions, are clearly read into the record, beginning to end, prior to voting. Following any decision, the Presiding Officer should request from staff if there is a clear understanding of instructions and direction to staff. 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 the 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 Vice Mayor The Presiding Officer of the Town Council is the Mayor, and in the Mayor’s absence, the Vice Mayor. The Presiding Officer is responsible for ensuring public meetings are conducted in an orderly, efficient, and impartial manner and all members of the body have the opportunity to speak. The Mayor also performs duties consistent with the ceremonial office as may be delegated by the Town Council. Neither the Mayor nor the Vice Mayor 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 Vice Mayor in the Mayor’s absence, is to faithfully communicate the will of the Council majority in matters of policy. The Mayor, or the Vice Mayor in the Mayor’s 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. 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 Vice Mayor shall sign in the Mayor’s absence. Town Council Rules and Protocols Page 5 of 17 On an annual basis, the Town Council selects one of its members to serve as Mayor, and another as Vice Mayor, for one-year terms. The Mayor and Vice Mayor elections take place at the first regular meeting in December, unless, in a Town Council election year, the Town Council election results are not yet certified. In that case, the Mayor and Vice Mayor elections will take place at the first special or regular Town Council meeting following the certification of the election. As a matter of practice, the Vice Mayor is typically next in line to become Mayor the following year. Appointment of Town Manager and Town Attorney The Town Council appoints the Town Manager and the Town Attorney. These 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. 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. Town Council Committee Appointments At the first regular meeting in January, after newly elected Council members are seated (if applicable) and the mayor and vice mayor are chosen, the Town Council reviews the Town Council Committee Appointments List of Council appointments to Town standing and ad hoc committees, and Council appointments to other state or regional boards, committees, or JPAs. The Town Council conducts their annual review of the list of appointments, makes modifications to the list as needed or desired, and appoints Council membership to the committees. Standing Committees Standing committees are formed to study a general subject for an indeterminate time frame. When the standing committee is created by the Council, the Council will appoint 1 or 2 councilmembers to serve on the committee, and will decide at the time of creation whether or not other councilmembers may attend the meetings. All Standing Committees shall meet as necessary and comply with the requirements of the Ralph M. Brown Act. Ad hoc subcommittees Ad hoc subcommittees are formed to study a specific issue for a limited time frame. According to the Brown Act, ad hoc subcommittee meetings are not required to be noticed and open to the public. Only appointed council members may attend ad hoc subcommittee meetings. Town Council Rules and Protocols Page 6 of 17 Ad hoc subcommittees are dissolved when their objective is complete, or they are no longer needed. The Council often takes action to “sunset” ad hoc committees that are no longer needed at their annual review of the Committee Appointments List. Town staff, at the discretion of the Town Manager, shall work with and support the efforts of standing and ad hoc committees. No official vote or action is taken at committee meetings, but members may make recommendations. Each committee may inform the Council about its work and progress at Council meetings. The full Council may take action on the recommendations of the committees. As a matter of practice, the Legislative Committee is made up of the current Mayor and the MCCMC Legislative Subcommittee representative and the budget committee is the Mayor and the Vice Mayor. 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). Please refer to the Town’s website for a complete list of bodies and current appointments of Town Council members. 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 Tiburon. 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 Library Agency Board of Trustees and the Joint Recreation Board of Directors. The liaison also helps to increase the Council's familiarity with the membership, programs and issues of the board or organization. During the Council’s annual review of the Committee Appointments List, the Council will review the list of current assignments and make any revisions. Any council member desiring to serve on a certain committee (or who desires not to be considered) should inform the rest of the Council in open session. These appointments are subject to the approval of the majority of the Council. 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 on which the Council has taken a position, 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. Appointment of Advisory Bodies and Task Forces The Town Council may form advisory bodies. When establishing an advisory committee, the Town Council Rules and Protocols Page 7 of 17 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 the 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. Role of Commissions related to the Council The Planning Commission and Design Review Board are decision-making bodies, as outlined in the Tiburon Municipal Code. These bodies have permit review authority and additional approval authority of other zoning permits. Decisions of decision-making bodies may be appealed to the Town Council. All other Town boards and commissions are advisory to the Town Council, unless otherwise outlined in their governing resolutions, as adopted by the Town Council. Advisory bodies may make recommendations to the Town Council. Social Media and Other Public Communications The Town utilizes online media for official communications. The Town currently uses the Town’s website, an emailed newsletter (Tiburon Talk), and various social media platforms. The Town’s online communications platforms are used to provide updates from the Town, emergency briefings, and instructional articles about Town business that residents may find useful. While the Council may direct their use as part of greater communications and outreach efforts, these online platforms are not for use by individual councilmembers. Town council members are given the opportunity to publish a headshot and personal bio on the Town’s website. Town council members are responsible for maintaining the accuracy of their online presence. Town elected and appointed officials are also discouraged from engaging in conversations in comment sections of social media platforms, particularly if the comments will lead to a discussion by a majority of members Town board or decision-making body. Sometimes council members are requested to speak to groups or are asked for the Council’s position on an issue. Whether interacting in person or online, the council member’s 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 understand the Town Council’s position rather than that of an individual member. III. COUNCIL MEETINGS General Procedures The Town Council runs its meetings using common-sense guidelines based on the most recent version of Rosenberg’s Rules of Order. Town Council Rules and Protocols Page 8 of 17 The Mayor is the presiding officer and acts as chair at Council meetings. In the absence or incapacity of the Mayor, the Vice Mayor serves as presiding officer. Three councilmembers constitutes a quorum to hold a meeting. Some matters, such as the expenditure of funds, require at least three affirmative votes to proceed. Regular Meetings Regular meetings of the Tiburon Town Council are held (unless modified by Council action) the first and third Wednesdays of the month at 6:30 p.m. at Tiburon Town Hall, located at 1505 Tiburon Boulevard, Tiburon, California 94920. Councilmembers may appear remotely if the Councilmember complies with the Brown Act teleconferencing requirements. 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 Section shall not be scheduled unless a majority of the Town Council has confirmed their availability. Special meetings require strict 24-hour noticing requirements. Emergency meetings may be called without notification, but only work stoppages or crippling disasters that impair public health or safety qualify for emergency meetings. 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 only matters that are 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. Creation of Town Council Meeting Agendas Town Council meeting agendas are prepared by the Town Manager and are approved by the Mayor. Individual councilmembers may request items to be added to a future Town Council agenda by: 1. Contacting the Mayor directly. 2. Requesting a future agenda item during the Town Council reports section of every agenda and supported by a verbalized majority consensus of the Council. The Mayor will accommodate scheduling requests for agenda items based on available space on upcoming agendas and staff availability to adequately prepare for the item. Town Council Rules and Protocols Page 9 of 17 Agenda Items and Public Hearings Noticed public hearings may be required on certain items as prescribed by local, state or federal law, but the general procedure for all agenda items, including public hearings, is as follows: 1. Staff presents the staff report. 2. Council members may ask questions of staff. 3. The Mayor opens the public hearing or floor for public comments. 4. Council deliberation and action. Public comments are limited to three minutes per speaker, but the Mayor has the discretion to increase or decrease time allotted per speaker. All speakers should be given equal time to speak. Speakers may not cede their allotted or remaining time to another speaker. Public comment speakers may bring printed material to distribute but may not project material on the projector screen. Appeal hearings follow a different procedure allowing for applicant and appellant presentations and rebuttals. The appeal hearing procedure is outlined in Appendix B. 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. Council Discussion Guidelines 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. Town Council Rules and Protocols Page 10 of 17 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 their 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. Direction to staff: Presiding Officer of the meeting should ensure that the final motion, including any friendly amendments or passed substitute motions, are clearly read into the record, beginning to end, prior to voting. Following any vote or direction, the Presiding Officer should request from staff if there is a clear understanding of instructions and direction to staff. Other Decorum Guidelines To ensure meetings of the Council are conducted in a civil and professional manner, all meeting attendees should work to preserve appropriate order and decorum during all meetings and limit disruptive behavior. The Mayor will call persons demonstrating rude, boisterous, or profane behavior to order. Side conversations, interruptions, delaying efforts or other disruptions are discouraged. While the Council encourages and embraces the need for and right of public participation, it acknowledges that public comments must, at times, be limited. Speakers are typically limited to three minutes, but a shorter time limit may be established by the Mayor. Members of the public addressing the Council should wait to be recognized by the Mayor and should only speak at the podium. Minutes Minutes are prepared and retained by the Town Clerk in the official minute book. The written and approved minutes are the official record of the meeting. The minutes prepared by the Town Clerk are to be a concise record of the business passed upon by vote of the Council, created in a standard typewritten format. Except in quasi-judicial proceedings, Council debate and reasons for making a motion may be omitted at Clerk and Council discretion. The Town Clerk will include the names of the persons addressing the Council, Town Council Rules and Protocols Page 11 of 17 title of subject matter, and whether in support or opposition to the matter. The current practice of the Town Council has been action minutes; the Council has the authority to direct staff to include additional details, synopsis and reasoning for making decision. 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 Tiburon 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 ensure 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 on matters within control of the Town. 2. The Council’s action on an item is being formally documented. 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 Tiburon- related. It is within the Mayor’s discretion whether to prepare such a document and/or place it on the agenda. Town Council Rules and Protocols Page 12 of 17 Open Meeting Laws (“The Brown Act”) Operations and procedures of the Town and Town Council incorporate requirements of the Ralph M. Brown Act (California Government Code section 54950), the state’s open meeting laws. The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings. Because this law is such an important part of local government operations, some specific requirements of the law are explained below. The Brown Act applies to Town Council members immediately after their election and prior to their swearing-in ceremony. The Act provides many other restrictions and requirements; this chapter is intended to serve as an overview of the most common portions of the Act, and nothing in this chapter supersedes the provisions of the Brown Act. Please check with the Town Attorney for more information. 1. Applicability: The Act applies to all Council and all standing committees, advisory committees, and task forces that advise the Council. Staff cannot promote actions that would violate the Act. 2. 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 town 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. 3. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. 4. Actions: No action can be taken on any item not appearing on the posted agenda. Exceptions: a. An emergency situation exists (determined by a majority of the Council). b. 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). c. The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda. 5. 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. 6. 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. California Senate Bill 1100 further defines disruptive behavior and outlines the steps the Presiding Officer should take to warn the member of the public that their behavior is disruptive prior to removal. 7. Correspondence: All writings distributed for discussion or consideration during open Town Council Rules and Protocols Page 13 of 17 session of a public meeting are public records. Communication from the Public About Agenda Items The public may address the Council by written communication about specific items on the agenda. If a communication is received by staff prior to the publication of the agenda, the communication will be included as an exhibit in the staff report. If a councilmember receives a written communication about a specific item on the agenda directly, the councilmember should forward the communication to the Town Manager or the Town Clerk in a timely manner for equal distribution to the rest of the Council. If a written communication is received after publication of the agenda (“Late Mail”), the Town Clerk will distribute the communication to the entire Council upon receipt. The Town Council’s Late Mail policy is attached as Appendix C. IV. 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, Tiburon 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 town government, and to prepare and monitor the municipal budget. The Council/Manager plan separates the legislative and executive responsibilities in a way that provides “checks and balances” of both policy and administrative branches of government. This form of government benefits from the strong leadership of an elected Town Council with the strong day-to-day managerial abilities of a qualified professional manager. The Town Manager is responsible to the Town Council as a body rather than to individual Council Members. According to Chapter 2 of the Tiburon Municipal Code, “The Town Manager shall take his orders and instructions from the Town Council only when sitting in a duly held meeting of the Town Council, and no individual Councilman shall give orders or instructions to the Town Manager.” Council Members work through the Town Manager in dealing with Town staff unless simply requesting information from department heads or other staff 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 Town Council Rules and Protocols Page 14 of 17 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 Council 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 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 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. The Town Attorney does not represent individual members of Council, but the Town Council as a whole. Additionally, the Town Council collectively provides direction to the Town Attorney. Individual councilmembers may request information from the Town Attorney, but significant requests should be supported by Council consensus and notice to the Town Manager. The Town Attorney’s attendance at meetings other than Town Council is determined by the Town Manager. The Town Attorney does not represent individual residents of the Town or community groups. Roles and Information Flow Objectives: It is the intent of staff to ensure Council members have free and easy access to Town Council Rules and Protocols Page 15 of 17 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 the 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. 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. Town Council Rules and Protocols Page 16 of 17 According to Chapter 2, of the Tiburon Municipal Code, “The Town Council and its members shall deal with the administrative services of the Town only through the Town Manager, except for the purposes of inquiry, and neither the Town Council nor any member thereof shall give orders to any subordinates of the Town Manager.” 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 Councilmembers may not seek campaign support from staff. Town Council Rules and Protocols Page 17 of 17 V. APPENDICES A. Orientation Memo for Appointed Officials B. Appeal Procedure C. Late Mail Policy VI. Updates Date Resolution No. Amendment APPENDIX A 1 TOWN OF TIBURON MEMORANDUM TO: NEWLY APPOINTED OFFICIALS FROM: TOWN MANAGER GREG CHANIS SUBJECT: NEWLY APPOINTED OFFICIAL INFORMATION AND ORIENTATION Congratulations on your recent appointment by the Tiburon Town Council. You are now an appointed Town official, as opposed to the Town Council members, who are elected officials. As an appointed Town official and member of one of the Town's decision-making or advisory bodies, your position and participation are very important to the Town in achieving its goals and objectives. You have been selected because of your strong qualifications, experience and motivation to serve your community. The background and procedural information included in this memo and packet will be of specific assistance to you in understanding and performing your new role as an appointed official. TIBURON TOWN COUNCIL & APPOINTED COMMISSIONS, BOARDS & COMMITTEES Each Board, Commission or Committee has a set regular meeting time and date, established by ordinance, resolution or the body’s bylaws. All meetings of your appointed body will occur on the regular meeting dates listed below, unless the meeting has been formally cancelled by staff due to a lack of business items or quorum. Additional or ‘special’ meetings may be called on an as-needed basis. Scheduling questions and conflicts should be directed to your staff liaison as soon as possible. CURRENT MEETING SCHEDULE Town Council: Meets 1st & 3rd Wednesdays at 6:30 p.m., Council Chambers, 1505 Tiburon Boulevard. Diversity Inclusion Task Force (a standing committee of the Town Council): Meets 2nd Wednesdays at 5:00 p.m., Council Chambers, 1505 Tiburon Boulevard. Planning Commission: Meets 2nd & 4th Wednesdays at 6:30 p.m., Council Chambers, 1505 Tiburon Boulevard. Design Review Board: Meets 1st & 3rd Thursdays at 7:00 p.m., Council Chambers, 2 1505 Tiburon Boulevard. Parks, Open Space & Trails Commission: Meets 3rd Tuesday every other month, at 6:00 p.m., Council Chambers, 1505 Tiburon Boulevard. Heritage & Arts Commission: Meets 4th Tuesday at 5:30 p.m., Council Chambers, 1505 Tiburon Boulevard. Building Code Appeals Board: Meets for special meetings on an as-needed basis; Council Chambers, 1505 Tiburon Boulevard. Belvedere/Tiburon Joint Recreation Committee (aka “The Ranch”): Meets 3rd Monday every other month at 7:00 p.m., Dairy Knoll, 600 Ned’s Way. Belvedere/Tiburon Joint Disaster Advisory Council: Meets quarterly at 4:00 p.m., Council Chambers. Belvedere/Tiburon Library Agency Board of Trustees: Meets 3rd Monday of the month at 6:15 P.M., Belvedere Tiburon Library, 1501 Tiburon Boulevard. An up-to-date list of appointments to all boards, commission and committees is included in your binder (Tab # 4). PREPARING FOR MEETINGS As a small municipality, Tiburon does not have a large staff to provide you with everything you may desire to assist you in your efforts. However, at least one staff person is generally assigned to each appointed body to act as liaison and to provide assistance and follow-up. The following information pertains to the basic Town meeting process: Reference Documents All Town officials should become familiar with the Town’s General Plan, Municipal Code and Zoning Ordinance to assist them in their decision-making process. These documents are all available on the Town’s website. Appointed officials should also retain copies of any authorizing resolutions setting forth their duties and functions, as well as any bylaws adopted for the operation of their appointed body. A copy of your appointed body’s bylaws is included in your binder (Tab # 5). Agendas The purpose of an agenda is to provide a list of the topics to be addressed in an orderly manner during a public business meeting. Per the Ralph M. Brown Act (a California state law), meeting agendas are finalized and published by staff at least 72 hours prior to a regular meeting, and at 3 least 24 hours prior to a special meeting. Agendas are published on the Town’s website and in the newspaper. Under the Brown Act, a body may generally not discuss any matters that were not published on the final agenda. However, there are limited exceptions to this law, and should you like to further understand these exceptions, please discuss with the Town Attorney directly. Staff Reports These reports accompany agenda items. They provide background information, staff analysis, budgetary impact, exhibits, and staff recommendations to consider during the deliberation and decision-making process. Staff reports may be written or oral. All written staff reports will be available on the Town’s website at the time of the meeting agenda publication. Minutes Each body should maintain meeting minutes. These are the formal record of your Commission, Board or Committee actions, and are adopted by motion once prepared, reviewed, and found acceptable. Minutes often require only a record of the agenda items discussed, motions, votes thereon, and other specific actions and decisions. However, some matters require more detail. Generally, Town staff or official minute-takers prepare the draft minutes. If your appointed body does not have a formal Acting Secretary or Minutes Clerk, one of your members should be assigned the task of taking minutes. The draft minutes can be given to Town staff for formatting and distribution prior to formal adoption. Decision-making or Advisory Functions Some Commissions and Boards (e.g., Planning Commission, Design Review Board) have decision-making authority on certain matters, per the Municipal Code. Decision-making bodies have permit review authority and additional approval authority of other zoning permits. Decisions of decision-making bodies may be appealed to the Town Council. All other boards and commissions are advisory to the Town Council, unless otherwise outlined in their governing resolutions, as adopted by the Town Council. Advisory bodies may make recommendations to the Town Council. Election of Chair and Vice-Chair Normally, elections of the Commission, Board or Committee’s Chair and Vice-Chair are conducted annually, with the date typically set forth in the bylaws. These positions are generally rotated on an annual basis, and the Chair has usually served first as Vice-Chair, although it is not required or always possible. MEETING PROCEDURES AND PROTOCOL a. All meetings of the Town Council and its appointed Boards or Commissions must be publicly-noticed as to date, time and location. Staff will post meeting agendas online, at 4 Town Hall and send the agenda to local newspapers at least 72 hours in advance of a regular meeting and at least 24 hours in advance of a special meeting, as required by state law. Failure to post an agenda will result in a meeting cancellation. b. Prior to a meeting, the Chairperson may wish to consult with the staff liaison regarding items on the agenda or any late-breaking events that could affect management of the meeting. c. The Chairperson should take charge of the meeting, ensure that business is properly conducted in a timely manner, and ends at an appropriate hour. The meeting should move along expeditiously, hearing each agenda item in a fair and timely manner, and generally in the order set forth on the agenda. Only items on the agenda may be discussed. If an issue is raised that is not on the agenda (such as during the Oral Communications period of the meeting), the Chairperson may direct staff to follow up with the commenter after the meeting, or place the item on a future agenda for discussion. d. If the Commission, Board or Committee's business cannot be completed at the regular meeting, then the meeting may be adjourned to a specific subsequent date, place and time, or the unfinished business item may simply be continued to the next regular agenda. These actions should be made by formal motion so the record is clear. e. Rosenberg’s Rules of Order should be utilized as a guide in conducting meetings. Additional reading and guidance is attached in this binder (Tab # 6). f. The Chairperson's major role is as facilitator. It is the Chairperson's function to keep order in the room, recognize one person at a time to speak, keep the speaker on the topic, and move consideration of the item forward in a logical, productive way. Except when the Chairperson is stating his or her own assessment of the issue and when voting, he or she is to act in a neutral, nonpartisan manner in the interests of productive, orderly and fair hearings. To maintain impartiality, it may be helpful for the Chairperson to hold off expressing his or her views on a matter until everyone else has spoken and not engage in debate. This manner will set the tone of the meeting. All members of the appointed body should remain objective and open-minded through the close of the public comment process, and until such time as the item has been returned to the body for deliberation and/or action. g. All questions or comments should be directed to and go through the Chairperson. Members of the Commission, Board, audience or Staff should not speak until recognized by the Chairperson. h. Only one person should be allowed to speak at a time, with the speaking time limited and 5 kept to the point at hand and not repetitive. The Chairperson may set reasonable time limits on public speakers, generally not less than three minutes. i. After the Chairperson has closed the public comment portion of the meeting for any agenda item, additional public comments should not be taken unless specifically allowed by the Chairperson or a majority of the appointed body. ATTENDANCE Your attendance and participation at each Commission, Board or Committee meeting is essential for timely and proper conduct of the Town's business. The Town Council places a high priority on regular attendance and receives periodic attendance reports. All officials on the Town's appointed bodies serve at the pleasure of the Town Council and can be removed for poor attendance, inappropriate behavior, or other good cause. Appointed officials should use sound judgment regarding these matters and should step down if unable to meet these standards. SITE VISITS Site visits for certain agenda items or issues are very important in the decision-making process. However, it is also important for you to use care in your interaction with applicants outside of official meetings. If you speak with an applicant or other interested party at the site, feel free to ask questions to learn more about the specific details or issues of the project. It is best not to offer your opinions on the merits of the project or to make commitments regarding your future action on the request. You should refrain from taking a firm position on any item until you have received all the pertinent evidence, including any presented at the public meeting. If you do visit the site and learn additional details about a project, you should disclose your visit at the public meeting and relate these details to your fellow officials. In that way, you will all be making your decisions based on the same information. If an applicant or other interested party contacts you by phone or in person, follow the same procedures. You may listen politely, but do not state your opinions or make promises or commitments related to your future vote or action. Disclose at the public meeting any additional details about the project that you have learned through the interaction. If you do not wish to discuss the matter with these parties outside of the public meeting, it is appropriate to let them know that you would prefer to limit your discussion until the meeting, when you and your fellow officials will give their testimony your full consideration. You should refrain from discussing any details of your site visit to a quorum of the review body except at a public meeting. 6 RALPH M. BROWN ACT All public bodies must follow the rules of operation established by this State law (Tab # 7). The law is designed to ensure that the public is able to know what its officials are doing. Specifically, a quorum of the Town Council or its appointed Commission, Board, or Committee may not discuss the business of the body outside of a noticed public meeting, either in a group or in serial conversations (one member contacts another, who contacts another, and so forth). The Brown Act also provides that a legislative body (i.e., Town Council) can only meet in "closed session" for very limited and specific matters. The purpose of any closed session meeting must be cited, and no other business can be discussed at that time. Notices of regular, special, and adjourned meetings must include all of the proposed agenda items to be discussed. The Brown Act applies to all Town Council-appointed Commissions, Boards and Committees, and committees on which the full Town Council sits as members, but does not apply to ad-hoc subcommittees comprised of less than a quorum of members. Members of these public bodies may not communicate to a quorum of the committee as a whole, or in the case of committees on which the full Town Council sits, a quorum of the council members, outside of a noticed public meeting. If you have any questions about compliance with the Brown Act, please contact the Town Attorney directly. OPEN GOVERNMENT LAWS & ELECTRONIC COMMUNICATIONS Electronic Correspondence You will be asked to provide your preferred email address for communications from the Town. Town staff regularly communicates with appointed officials by email to distribute agendas and information for upcoming meetings. The Brown Act prohibits appointed bodies to discuss any business outside of a noticed public meeting, whether in a group or in conversations via email. To avoid accidental serial meetings, Town staff will generally address the entire body via email using the blind copy (‘bcc’) tool and appointed officials should refrain from ‘replying-all’ on large group email chains. All appointed and elected officials conducting Town business via email or text message are subject to the Public Records Act. If a Public Records Act request for specific correspondence is received, you may be called upon to run a search on your personal device and/or account(s) and submit responsive correspondence to the Town for disclosure. Town appointed officials may choose to utilize a separate or Town-owned email address for Town business only. For additional reading on the Public Records Act, see Tab # 8. Social Media 7 The Town utilizes online media for official communications. The Town currently uses the Town’s website, an emailed newsletter (Tiburon Talk), and various social media platforms. Town elected and appointed officials are discouraged from engaging in conversations in comment sections of social media platforms, particularly if the comments will lead to a discussion by a majority of members Town board or decision-making body. BUDGETARY EXPENDITURES Your Commission or Board may recommend the expenditure of public funds. However, only the Town Council or Town Manager can approve such expenditures. The Town Council formally adopts the Town's Municipal Budget for each fiscal year running from July 1 through June 30. The Town Council delegates to the Town Manager the authority to review and authorize certain expenditures within budget limits without specific approval from the Town Council. Each Board or Commission is annually allotted a budget line item for training and/or attendance at conferences germane to their duties as a Town official. Consult with your staff liaison or the Town Manager regarding training opportunities or requests for funding proposed for a future budget. LEGAL AND ENGINEERING ASSISTANCE If the Commission, Board or Committee believes that occasional legal or engineering advice would be helpful or necessary during its deliberations, please request such assistance through your staff liaison or the Town Manager. The Town has an in-house Town Engineer but retains a private law firm for its legal services on a contract basis. Generally, requests for legal services should be kept to a minimum. LIABILITY OF COMMISSIONERS & BOARDMEMBERS The Town of Tiburon, along with other Marin County cities, is essentially self-insured and a member of a large multi-agency insurance pool that provides its umbrella liability coverage. In addition, the Town’s officers and employees are named as additional insured while acting within the scope their tenure or employment. Authorized volunteers are also named as additional insured under our Workers Compensation Self-Insurance Program. CONFLICTS OF INTEREST As an appointed Town official, you are subject to State of California conflict of interest laws known as the Political Reform Act, which are enforced by the Fair Political Practices Commission (FPPC). From time to time, appointed officials may be faced with situations where a financial conflict of interest requires them to “recuse” themselves from participating in the review of applications in accordance with the Political Reform Act. Perhaps the most common conflict is 8 an official owning or leasing property near the site of a proposed project. The Town has provided you a personal conflict of interest map highlighting a radius of 500 feet around your property (Tab # 9). You should recuse yourself for any review of projects that fall within this radius. Further, projects that fall outside of this radius may also require recusal if the factors listed in the Political Reform Act are met. If you have any questions regarding the applicability of the Act, contact the Town Attorney directly. At other times, appointed officials may find themselves in a position where they believe they cannot be impartial decision-makers, but where no financial conflict of interest exists as defined by the Political Reform Act. This type of conflict is based on having an actual impermissible bias about the applicant and/or project that is before the board or commission for approval. Actual bias is required in order to have a conflict that necessitates your recusal from the item. Questionable impartiality may not require a formal recusal, but members are advised that there are many situations that may constitute a conflict of interest. The determination as to whether a financial conflict of interest or potential conflict of interest may exist can be a complicated one. Staff recommends that appointed officials seek the advice of the Town Attorney in cases where there is any uncertainty about a potential conflict of interest. Annual Disclosure Statement (Statement of Economic Interests or Form 700) The Fair Political Practices Commission and the Town of Tiburon’s Conflict of Interest Code require the filing of an annual economic disclosure statement based on established disclosure categories. Your first statement is due within 30 days of assuming office, and the annual statements are due in April each year. A separate statement is required upon leaving office. In 2019, the Town introduced an electronic filing system called Netfile. You may choose to submit paper statements, or file electronically. Both the Town Attorney and the Town Clerk are available if you have questions concerning the filing procedure. For specific disclosure questions, officials are encouraged to contact the FPPC Advice line at 1-866-ASK-FPPC (1-866- 275-3772) or advice@fppc.ca.gov. A blank statement, reference materials and information on filing electronically is included in this binder (Tab # 10). AB1234 ETHICS TRAINING AB1234, a state law that went into effect in 2006, requires specified officials to receive two hours of ethics training within one year of assuming office, and every two years thereafter. The training provides officials with background on public service ethics laws and principles, and applies those principles to real-life case studies you may encounter as a public official. You will be provided a certificate of compliance at the completion of the training. If your position requires you to complete ethics training, the Town Clerk will contact you with 9 additional information to complete your initial training. The Town prompts its officials to complete the required additional trainings in December of even-numbered years. All appointed officials are encouraged to read the resources related to ethics by the League of California Cities and Institute of Local Government linked below. IMPORTANT RESOURCES & ADDITIONAL READING • Town of Tiburon website (www.townoftiburon.org) o Current Fiscal Year Budget o Municipal Code o Tiburon 2040 General Plan • Town of Tiburon Social Media o Instagram o Facebook o YouTube o Nextdoor • Institute for Local Government Orientation Materials for Newly Elected and Appointed Officials o https://www.ca-ilg.org/newly-elected-officials-orientation-materials • League of California Cities Open Government Resources o http://www.cacities.org/Resources/Open-Government Once again, thank you for your willingness to serve the Tiburon community. Revised August 2023 APPENDIX B Page 1 of 5 Town Council Resolution No. 10-2021 05/05/2021 RESOLUTION NO. 10-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULING, RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS, AND SUPERSEDING EXISTING POLICIES WHEREAS, the Town receives and hears appeals from decisions of various commissions, boards and administrative officials from time to time, and WHEREAS, the Town Council has adopted various policies over the years with respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878 and 3218 and Town Council Policy Nos. 95-01 and 2002-01, all of which were superseded by Resolution No. 17-2010 on March 17, 2010; and WHEREAS, the Town Council has determined that it is timely and appropriate to update and consolidate these policies regarding appeals; and WHEREAS, the Town Council has held a public meeting on this matter on March 31, 2021 and has heard and considered any public testimony and correspondence; and NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No. 17- 2010 is hereby superseded by this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the following general policy with respect to processing, scheduling, and reconsideration of appeals and for story pole installation for appeals. APPEAL PROCEDURE 1. The Municipal Code sets forth instances when persons may appeal a decision by a review authority (e.g. Town official, Design Review Board or Planning Commission) to the Town Council. Any person making such an appeal must file a completed Town of Tiburon Notice of Appeal form, available on the Town’s web site and at Town Hall, with the Town Clerk not more than ten (10) calendar days following the date of the decision being appealed. Shorter time frames for filing an appeal apply to certain types of permits. If the final day to appeal occurs on a day when Town Hall is closed for public business, the final day to appeal shall be extended to the next day at which Town Hall is open for public business. Appeals may not be revised or amended in writing after the appeal period filing date has passed. 2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set forth in the Town’s current adopted Fee Schedule. Page 2 of 5 Town Council Resolution No. 10-2021 05/05/2021 (a) If the applicant is the appellant, the remainder of the filing fee (if any) will be refunded following completion of the appeal process. Additional staff time or costs to process an applicant’s appeal is the financial responsibility of the applicant and will be billed per the Town’s current hourly rate schedule and/or at actual cost if outside consulting is required. (b) If the appellant is not the applicant, then a fixed amount filing fee is required with no refund or additional billing required. 3. In the appeal form, the appellant shall state specifically either of the following: (a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or other applicable regulations; or (b) The appellant’s other basis for claiming that the decision was an error or abuse of discretion, including, without limitation, the claim that the decision is not supported by evidence in the record or is otherwise improper. If the appellant is not the applicant, the Town Council need only consider on appeal issues that that the appellant or other interested party raised prior to the time that the review authority whose decision is being appealed made its decision. 4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal form filed with the Town Clerk. Neither Town staff nor the Town Council need address grounds introduced at a later time that were not raised in the Notice of Appeal form. 5. The procedure for presentation of the appeal at the Town Council meeting is as described below. In cases where the applicant is the appellant, paragraphs (c) and (f) below would not apply. (a) Town Staff may make a brief (approximately 10 minute) presentation of the matter and then respond to Town Council questions. (b) Appellant and/or appellant's representative(s) may make a presentation of no more than ten (10) minutes and then respond to Town Council questions. Appellant may divide up the ten (10) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Town Council questions shall not be included as part of the ten (10) minute time limit. (c) Applicant and/or applicant's representative(s) may make a presentation of no more than ten (10) minutes and then respond to Town Council questions. Applicant may divide up the ten (10) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Town Council questions shall not be included as part of the ten (10) minute time limit. (d) At the Mayor’s discretion, with consensus of the Town Council, the amount of time specified in subsections (b) and (c) may be increased, but each side must be given equal time. Page 3 of 5 Town Council Resolution No. 10-2021 05/05/2021 (e) Any interested member of the public may speak on the item for no more than three (3) minutes. A speaker representing multiple persons (e.g., homeowner's association, advocacy group or official organization, etc.) may speak on the item for no more than five (5) minutes, at the discretion of the Mayor. (f) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. (g) Applicant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. 7. The testimony portion of the appeal hearing is closed and the Town Council will begin deliberations on the appeal. There will be no more applicant, appellant, or public testimony accepted unless requested by the Town Council. 8. If, following deliberation, the Town Council is prepared to make a decision on the appeal, it will direct Town staff to return with a draft resolution setting forth the decision, and the findings upon which it is based, for consideration at a future Town Council meeting. The decision of the Town Council is not final until the resolution is adopted. Alternatively, if the Town Council is not prepared to make a decision on the appeal, it may: (a) Continue the appeal to a future date; (b) Remand the item to the review authority from which it was appealed for further hearing, review and action, with a specific description of the outstanding and unresolved issues and appropriate direction thereon; or (c) Refer the item to another review authority for its review and recommendations prior to further Town Council consideration. 9. Following a final decision by the Town Council, Town staff will promptly mail a Notice of Decision to the applicant and appellant. RECONSIDERATION If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant new information comes to light, which information was previously unknown or could not have been presented at the appeal hearing due to circumstances beyond the parties’ control and not due to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption of the resolution of decision, and the motion must be made by a Councilmember who voted on the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the motion. The Town Council may consider and vote on the motion to reconsider at that time, and if the motion carries, the matter shall be placed on a future agenda for further notice and hearing. Page 4 of 5 Town Council Resolution No. 10-2021 05/05/2021 SCHEDULING OF APPEALS 1. The Town’s policy is to schedule and hear appeals in an expeditious manner. Appeals will generally be heard at the first regular Town Council meeting that is at least fifteen (15) days after close of the appeal period. At the sole discretion of the Town Manager, the Town may schedule the appeal for a subsequent Town Council meeting based on the complexity of the matter, availability of key Town staff members and Councilmembers, agenda availability, or unusual circumstances. Town staff will make reasonable efforts to establish the hearing date for the appeal within three (3) working days of the close of the appeal period. The Town Clerk, in coordination with appropriate Town staff, will promptly advise all parties to the appeal of the selected hearing date. 2. The Town Manager will grant requests for continuances from the date established above in the event that all parties to the appeal agree in writing to a date specific for the continuance and that date is deemed acceptable by the Town Manager. 3. Attendance of parties to an appeal at the hearing is desired, but not required. The Town Council will consider written comments or representation by others in lieu of personal appearance. STORY POLES For appeals where story poles were erected for review of the original decision being appealed, a story pole representation shall be required for the Town Council’s appeal review process, as follows: 1. A story pole plan showing the poles to be connected, including location and elevations of poles and connections, shall be submitted, reviewed, and accepted as adequate by Planning Division Staff prior to installation of the poles and connections. 2. Critical story poles, as determined by Staff, must be connected by means of ribbons, caution tape, rope or other similar and highly visible materials clearly discernable from a distance of at least three-hundred (300) feet in clear weather, to illustrate the dimensions and configurations of the proposed construction. 3. Story poles and connecting materials must be installed at least ten (10) days prior to the date of the appeal hearing before the Town Council. 4. Failure to install the poles and materials in a timely manner may result in continuance of the public hearing date. 5. Story poles must be removed no later than fourteen (14) days after the date of final decision by the Town Council. Page 5 of 5 Town Council Resolution No. 10-2021 05/05/2021 APPLICABILITY This policy, while primarily written for use by the Town Council, is intended to apply to the extent practicable to Town decision-making bodies, other than the Town Council, which may hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff-level design review application decisions to the Design Review Board, may have different deadlines for filing of the appeal than the ten (10) calendar days specified above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 5, 2021, by the following vote: AYES: COUNCILMEMBERS: Ryan, Thier, Welner NOES: COUNCILMEMBERS: Fredericks, Kulik ABSENT: COUNCILMEMBERS: None _______________________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: _______________________________________ LEA STEFANI, TOWN CLERK /s/ /s/ APPENDIX C LATE MAIL POLICY OF THE TOWN OF TIBURON The following policy shall be used by the Town Council and its standing boards and commissions, and by staff of the Town of Tiburon, in the identification, distribution and consideration of late mail. DEFINITION “Late Mail” is defined as correspondence or other materials that are received by the Town after completion of the written staff report on an agenda item, in such a manner as to preclude such correspondence or other materials from being addressed in or attached to the staff report as an exhibit. IDENTIFICATION OF LATE MAIL All late mail received by Town Staff in advance of a meeting shall be marked “Late Mail” and shall be date-stamped or marked with the date of receipt by the Town. Late mail received at a meeting shall be marked as “Received at Meeting” with a date-stamp or handwritten note. POLICY For regular meetings of the Town Council and its standing boards and commissions: (1) All late mail that is received on an agenda item prior to distribution of the agenda packet to the reviewing authority shall be stamped or marked as “Late Mail” and shall be distributed to the reviewing authority with the agenda packet. (2) All late mail received on an agenda item before 5:00 PM on the Monday prior to the meeting shall be date-stamped and marked as “Late Mail” and distributed to the reviewing authority as soon as practicable. Such mail shall be read and considered by the reviewing authority whenever possible. If the Monday, or Monday and Tuesday, prior to the meeting are a Town-recognized holiday, the deadline shall be extended to the following day at Noon. (3) Any late mail received on an agenda item after the deadline established in paragraph (2) above shall be date-stamped, marked as “Late Mail” and distributed to the reviewing authority as soon as reasonably possible, but may not be read or considered by the reviewing authority. There should be no expectation of, nor shall the reviewing authority have any obligation to, read or consider any such late mail. These provisions shall also apply to special and adjourned meetings when sufficient lead time exists to implement these provisions. If sufficient lead time does not exist, the Town Manager shall exercise discretion in establishing a reasonable cut-off time for late mail. For controversial items or at any meeting where a high volume of correspondence is anticipated, Town staff shall have the option to require an earlier late mail deadline, provided that the written public notice for any such item clearly communicates the specifics of the early late mail deadline, and the deadline corresponds appropriately to any earlier availability of the agenda packet. Pursuant to state law, copies of all late mail shall be available in a timely fashion for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon.