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HomeMy WebLinkAbout020224 - 07.1 Other Business February 2, 2024 TO: Mayor and Town Council FROM: Joseph Calabrigo, Town Manager SUBJECT: Town Council Guidelines – Annual Review The Annual Planning and Goal Setting Workshop provides the Town Council with an opportunity to review and re-visit the Guidelines you’ve developed to assist you in conducting your business, your interactions with one another, the public and the Town staff. The Guidelines are a living document and subject to change per the Council. What makes them effective is the buy-in from each of you. As part of this annual review, each year you are asked to consider some version of the following: • Are these guidelines still relevant and helpful in terms of helping you do your jobs? • Reflecting back upon the past year, can you recall positive examples of where the Guidelines have been helpful? Are there questions or areas that could benefit from being highlighted and discussed? • Are there are any changes, clarifications or improvements that warrant discussion or consideration? Please give this some thought and be prepared to discuss how we can continue to support effective communication and collaboration as a way of maximizing our benefit to the community we serve. One issue that has been raised regards the liaison roles councilmembers take with each of our appointed commissions. Specifically - what is the purpose of that role? Are there dos and don’ts? How can we achieve better consistency? One change to highlight - Section E. 7. c. has been revised to update the mayoral rotation. Please be prepared to provide direction to staff regarding anything else that you feel should be incorporated into this annual review. TOWN COUNCIL GUIDELINES 1 PURPOSE These Town Council Guidelines were initially drafted by the Town Council in 2003, for the purpose of establishing parameters that would be used to guide Council conduct and support positive governance. The efficacy of these ground rules is entirely dependent upon the personal commitment made by each council member. These Guidelines are revisited and reviewed annually by the Town Council to allow for discussion of changes or updates that the Council feels may be warranted. I. GROUND RULES The Town Council will follow four basic ground rules in order to work effectively together on an ongoing basis: 1. Keep focused! 2. Use inquiry vs. judgment - hear all points! 3. Be respectful of one another 4. Focus on issues not people II. VALUES The top three values identified by the Town Council are: 1. Honesty, Integrity, Trust, Ethics 2. Leadership/Clear Direction/Vision 3. Fiscal Responsibility III. EXPECTATIONS, NORMS & COMMITMENTS A. For meetings: 1. Be prepared; read the packet thoroughly before the meeting. 2. Ask questions or provide questions of staff in advance of the meeting so staff can prepare. 3. Give credit and positive feedback. 4. Challenge issues rather than personalities; don’t criticize fellow council members. 5. Be mindful of negative body language; eye rolling; audible sighing. 6. Give speakers three minutes without responding; make sure due attention is given. Show respect. 3 7. Keep feedback constructive. 8. At meetings, disclose information that you have that is relevant. 9. Avoid the following: a. surprises d. personal attacks b. grandstanding e. condescending/sarcastic tone c. side conversations f. emotional escalation 10. The Town Manager will manage the agenda process. Councilmembers may request placement of items on the agenda, but only the Town Council may direct placement of items. Video recordings of public meetings constitute a public record and cannot be edited. 11. Each councilmember has the opportunity to be heard and to present their respective views. Once a matter has been discussed and the Town Council renders a decision (vote taken), that decision becomes the Town Council position. It is expected that individual councilmembers will respect this process and represent individual decisions that have been made by the full Town Council to the community and elsewhere as appropriate, regardless of their individual views. 12. To facilitate quality video recording for public meetings: a. make sure that your microphone is turned on and speak directly into the microphone. b. be mindful of verbal and non-verbal communication. 13. At the conclusion of study sessions or regular meetings, the Town Council will summarize and clarify direction (action items/next steps). B. In General: 1. When invited to meet with a constituent or advocate to discuss a specific issue or project, inform the Town Manager and encourage the constituent or advocate to meet with all councilmembers to provide similar information. 2. In situations where conflicts arise that impede the function of the Town Council, councilmembers will attempt to resolve issues on a one-on-one basis. Depending upon the circumstances, it may also be appropriate for the Town Manager to facilitate resolution among the affected members. C. When dealing with the Town Manager and staff… 1. Treat staff as professionals; don’t publicly criticize an individual staff member. 2. The Town Council takes action as an elected body, rather than individually. Allow staff to handle administrative functions and limit individual requests for staff support. 2 3. When interacting with the Town staff, remember: a. Staff may be contacted for the purpose of asking questions or seeking information (asking). Whenever possible, direct questions to department heads or senior staff. b. Work requests or assignments should only be directed to the Town Manager (directing). c. Comments or concerns regarding staff should be directed to the Town Manager in private. 4. As an individual council member, do not ask the Town Manager to do something that is contrary to the direction of the Town Council. 5. Do not draw staff members into disagreements among councilmembers. 6. Do not solicit political support from staff or involve staff in any political activity. 7. Try to give credit and positive feedback (on behalf of the Council). 8. When dealing with the press, the public or anyone external to the Town government, staff’s role is to communicate the policy, direction or action determined by the Town Council. Staff does not speak for the Town Council, nor will the staff speculate as to what action the Town Council may take on any issue or subject. 9. Staff occasionally conducts or attends working meetings that councilmembers are not invited to attend due to the nature of the meeting (e.g. - meetings to discuss development proposals and/or conditions and special event wrap-up meetings). Should other meeting participants invite a member of the Council, that councilmember should talk to the Town Manager before attending. (Please refer to Attachment A for additional material describing the roles of the Town Council and Town staff) D. When dealing with media and public… 1. State your view, avoid repeating a reporter's terms. 2. Try to speak in sound bites. 3. Clarify the position: "the Town's decision is….", "my opinion is…." 4. Once a decision is made, don't discredit the decision, or criticize your colleagues for having made it. Also, don't influence the media to. 5. Identify issues where it may be appropriate to develop a “party line” for presentation to the press or public to assure that a consistent message is delivered, and key points are covered. 6. Inform the Town Manager when you've spoken to the media. 3 E. When representing the Town in other forums… 1. Present and support decisions or positions made by the full Town Council – e.g. "the Town Council's position is X, and this issue been decided." 2. If you are presenting a personal point of view or opinion, make it clear: "the Town Council hasn't discussed or decided this issue, my opinion is Y." 3. When appointed to or assigned a sub-committee, committee, or liaison role, councilmembers are representing the Town rather than themselves. 4. Make sure to distinguish between political activity and Town business. 5. If invited to attend a function as a Town representative, don't campaign. E. The role of the Mayor 1. The Mayor always represents the Town and the Town Council. 2. At the beginning of their mayoral term, the Mayor makes/coordinates Town liaison appointments. a. The Mayor first meets or speaks with each councilmember to determine areas of interest. b. If more than one councilmember is interested in a specific role or position, and it is not possible to resolve the matter through compromise, the Mayor may take the appointment to the full Town Council at a study session. 3. Designate alternates for external committees/liaisons to provide exposure to subject matter and experience in preparing for the primary position. 4. Consider rotation of assignments every couple of years to afford other councilmembers the opportunity to serve in different capacities. Consider the impact to the Town of rotation. 5. Every councilmember has the right and obligation to serve as representatives. 6. Time permitting, the Mayor will bring issues back to the full Town Council for direction or a vote (e.g., appointments by the Mayors’ Conference or positions taken by the Mayors’ Conference). 7. Mayoral Rotation a. The position of Mayor is rotated annually. Each councilmember has the right to serve (barring Council changes) every five years. b. The Vice-Mayor is next in line of succession. c. Mayoral Rotation for the next 5 years is agreed upon as follows: 2024 – Karen Stepper 2027 – Newell Arnerich 2025 – Dave Fong 2028 – Robert Storer 2026 – Renee Morgan d. If one new councilmember is elected or appointed, they are placed at the end of the rotation and incumbent members move up one year. e. If more than one new councilmember is elected, they are placed at the end of the rotation in an order determined by the number of votes that 4 each new councilmember received (highest # of votes goes first, etc.) Incumbent councilmembers move up by a number of years equivalent to the number of new councilmembers elected (i.e. 2 new members means that the others move up 2 years). 8. Provides direction to the Town Manager on use of the annual ‘Mayor’s Discretionary Fund’, which is intended to be used for a public improvement, program, or event that is located within the town, and accessible to the general public. F. Appointments of advisory commissions and boards; Council appointments; Council resignations. 1. The Town Council will adhere to Resolution No. 11-2005, regarding selection and appointment of Town commissioners. 2. The Town Council expects that commissioners will abide by the same ground rules for dealing with the Town staff as have been agreed to herein. The Town Council will use the annual Town Council/Commission workshop to review and reinforce these expectations. 3. The Town Council agrees that the selection process used to fill prior Town Council vacancies in 2003 and 2009 was appropriate and effective. The need to fill future Town Council vacancies will be dealt with on a case-by-case basis, considering the circumstances and conditions present at that time, and the need to adhere to all applicable laws. G. Orientation of new councilmembers 1. A successful orientation process can facilitate the transition of new council members into their roles as elected officials. The following items were cited as being helpful in this process. a. Good documentation f. Visit commission meetings b. Tours g. Overview of regional issues c. Historical perspective h. Opportunity to observe meetings d. Legal orientation i. Provide calendar of meetings e. Meeting with incumbents j. “Buddy System” mentoring by other council members H. Town Council Expenses and Reimbursements Certain expenses are necessary in order to assist council members in discharging the duties of their office. Events or activities for which the Town may expend funds are described and listed in Attachment B (excerpted from Resolution No. 17-2006). The Town Council will consider such needs on an annual basis, as part of adopting the annual operating budget. 5 I. Follow up Actions The Town Council may re-visit these guidelines annually to see how the process is working and determine whether any additional steps are appropriate to further facilitate how council members work together in an appropriate manner to conduct the Town’s business. Attachments: A – Roles and Responsibilities of the Town Council and Town Manager/Staff B - Events and Activities qualifying for reimbursement (Resolution No. 17-2006) 2022 TC Guidelines – updated 2/11/2022 6 ATTACHMENT A (This material has been assembled from various sources and is provided to the Town Council for information purposes). ROLES & RESPONSIBILITIES OF TOWN COUNCIL, TOWN MANAGER & TOWN STAFF The degree to which policy and administration mix in a given community can sometimes become an issue. There is no clear demarcation between the two – but there is the need for everyone involved to be cognizant of roles. The opportunity to periodically revisit this subject provides an opportunity to ask questions, address issues and better define the process for the Town Council and the Town Manager. As the elected body who represents the community, the Town Council must be able to communicate the vision of the Town and set the tone. The Town Manager and staff are responsible for seeing that the vision is carried out. A. Role of the Town Council: 1. Representational: The Town Council is directly accountable to constituents. The Town Council must balance individual and group demands with the needs of the entire community. 2. Governmental: The Town Council makes policy, adopts legislation, establishes/adopts budgets and adjudicates issues. The Town Council sets the mission and goals for the organization. They explain and promote programs. Individual council members are expected to: a. Interact with constituents b. Serve on Town Council sub-committees c. Serve in a liaison role d. Attend public events and ceremonies 3. Financial Oversight: The Town Council adopts an annual operating and capital budget and is responsible for appropriating funds and approving contracts pursuant to Town policy. The Town Council adopts an investment policy and assures adherence to that policy. 4. Intergovernmental: Council members represent the Town on various intergovernmental and regional boards. 5. Supervisorial: The Town Council appoints and evaluates the Town Manager and City Attorney, as well as advisory commissions and boards. 6. Business Management: Council members sit as members of the Financing Authority and Civic Improvement Corporation. 7 B. Role of the Town Manager: 1. Communication: The Town Manager must develop a rapport with council members through maintaining frequent contact with each member. The Town Manager must provide equal information to each member and provide early warning on problems. 2. Policy Implementation: The Town Manager assists the Town Council in identifying and focusing on goals. The Town Manager is responsible for interpreting policies set by the Town Council for staff and making sure Town Council intent is implemented after a decision is made. 3. Professionalism: The Town Manager (through the Town staff) is responsible for: a. Providing professional recommendations and making sure that all viable options are presented for Town Council consideration. b. Maintaining a professional position despite political pressure. c. Providing good customer service and follow-up. 4. Organizational: The Town Manager is responsible for developing leadership abilities among the staff, building a decisive and responsive management team and holding staff accountable for results. The Town Manager is also expected to maintain good relationships with employee groups. 5. Foster Teamwork: The Town Manager fosters teamwork with the Town Council by becoming knowledgeable on key issues that are important to the Town Council, expressing views and providing perspective to the Town Council on key issues. The Town Manager can also coach council members and help to refine their skills, and buffer the Town Council when appropriate. 6. Financial Stewardship: The Town Manager submits an annual budget for Town Council consideration and is responsible for keeping the Town in sound financial condition. 8 ATTACHMENT B Events and Activities Qualifying for Reimbursement Government Code Section 53232.2(b) requires that each local agency adopt a written policy specifying the types of events or activities qualifying for reimbursement of expenses. Following is a list of events and activities for which the Town Council may expend Town funds or seek reimbursement: 1. Attending educational seminars or conferences designed to improve officials’ skill and information levels regarding municipal governance; 2. Participating in and attending meetings of regional, state and national organizations whose activities affect the Town’s interests (including, but not limited to, the League of California Cities, the National League of Cities, the U.S. Conference of Mayors and the Contra Costa Mayors’ Conference); 3. Meeting with representatives of regional, state and national government to present information or testimony related to proposed or pending legislation or administrative actions that may impact the Town and its operations; 4. Attending functions of local civic or community organizations where there is a clear nexus between the event and the official’s function or job, i.e., not purely social events; 5. Attending meetings, seminars or similar functions regarding economic development or attracting or retaining businesses to the Town where there is a clear nexus between the event and the official’s function or job and the event is consistent with Town policy; and 6. Any other event or activity related to the public official’s duties and approved in advance by the Town Council at a public meeting. 9 TWENTY WAYS TO OFFEND TOWN COUNCIL COLLEAGUES The responsibility for the effectiveness and success of an elected body ultimately lies with the members of that body. If you don’t really care about working cooperatively with your colleagues, here are some surefire ways to agitate them: 1. Attempt to dominate meetings. 2. Cut off statements of colleagues. 3. Magnify errors of colleagues. 4. Make fun of colleague’s statements. 5. Tell colleagues they are wrong. 6. Insist upon pontificating. 7. Appeal directly to the audience. 8. Amend a motion and then don’t vote for it. 9. Don’t show up at scheduled events. 10. Request a special meeting or meeting time and fail to attend. 11. Commit to a position before the meeting. 12. Take individual credit for group accomplishments. 13. Fail to actively listen to colleagues. 14. Pressure colleagues to take a position before the meeting. 15. Pack the meeting for pressure purposes. 16. Violate a colleagues’ confidence. 17. Covertly use the media to achieve your agenda. 18. Force a vote on a key issue before the group is ready. 19. Criticize staff in public. 20. Fail to prepare for meetings. Excerpted from the “Elected Officials Little Handbook.” DATE: February 2, 2024 TO: Town Council & Directors FROM: Lianna Adauto, Economic Development Specialist SUBJECT: Danville Business Activity Update Below is a snapshot of business activity in Danville from September 2023 to the present. The following designations have been established to indicate the type of activity for retail, restaurant and select service businesses: (CS) coming soon; (NB) new business; (R) relocated; (RME) remodeled/expanded; (T) temporary and (C) closed. Downtown Status Business Name Business Type Address NB Alka’s Brow Studio Service 181 Hartz Ave C Bay Area Tile & Hardwood Supply Retail 177 Hartz Ave CS Diablo Valley Animal Hospital Service 391 Railroad Ave, Suite 100 C Flower Theory Retail 155 Railroad Ave R Going Places Travel Service 281 Hartz Ave CS Isola Osteria Restaurant 100 Railroad Ave, Suite E C Jamba Juice Restaurant 35 Railroad Ave C Lilikoi Boba Restaurant 251 Hartz Ave NB Maison Benoit – A French Bakery Restaurant 402 Railroad Ave #100 R Mechanics Bank Bank 185 Railroad Ave R Red Light Glow Spa Service 100 Railroad, Suite D NB Romana Pizzeria Restaurant 251 Hartz Ave CS Shared Workspace Office 15 Railroad Ave CS Sourdough & Co Restaurant 241 Hartz Ave CS The Great Greek Mediterranean Restaurant 405 Railroad Ave NB Turf and Supply Company Retail 442 Hartz Ave Other Status Business Name Business Type Address CS Canyon Club Brewery Restaurant 206 Sycamore Valley Rd W NB Danville Kitchens Restaurant 9000 Crow Canyon Rd, #P C East Bay Flower Company Retail 206 Sycamore Valley Rd W NB Namo Indian Cuisine Restaurant 480 San Ramon Valley Blvd #A2 R* OsteoStrong Service 3442 Camino Tassajara CS Skin Spirit Service 439-441 Railroad Ave NB Sultan Kebab & Falafel Restaurant 11000 Crow Canyon Rd, Ste G *Relocated to Blackhawk Plaza File #Type Name Address Description Status DEV18-0020 C 198 Diablo Road Commercial 198 Diablo Road Construction of an approximately 10,600 square foot two-story commercial building.Approved DEV21-0006 R GMMR, LLC 359 & 375 West El Pintado 50-unit senior condominium development.Approved DEV21-0010 R Magee Preserve South side of Diablo and Blackhawk Roads Revised Final Development Plan for the previously approved 69-lot Magee Preserve development. The proposed revisions include updates to the previously approved architectural plans. Under Construction DEV21-0013 MU Faz 600 Hartz Ave Development Plan for 37 residential condominium units totaling 46,680 square feet, and 3,920 square feet of commercial retail space along the Hartz Avenue frontage. The proposed project includes a 31,360 square foot subterranean parking garage. Under Construction DEV22-0009 R Borel 3020 Fostoria Way Development Plan for a proposed 168-unit Townhouse development. Under Review DEV21-0012 C 212 Front Street Building 212 Front Street Building Permit drawing for a previously approved new 3,395 square foot two-story commercial building combining two existing parcels.Approved DEV20-0012 R Loyal Dragon Loyal Dragon Place Architectural approval for four single family residences associated with a previously approved subdivision.Approved DEV23-0016 R Darby Plaza 425 El Pintado Rd Preliminary Development Application to build a four-story Multifamily Senior Housing Condominium Development with 100 units. Incomplete DEV21-0003 C Diablo Road Self- Storage Building 344 Diablo Road Development Plan to redevelop the property with a new 22,847 square foot self-storage building.Approved DEV19-0024 R Chevron Car Wash 400 Diablo Road Construction of a new 798 square foot drive-through car wash, a 372 square foot expansion of an existing convenience store.Under Construction DEV21-0015 R NG/Tan Residence 1288 Lawrence Road Development Plan request for a new 3,979 square foot single-story single-family residence on a 3.2-acre site. Approved DEV21-0004 C Primo's Remodel & Outdoor Seating 298 Hartz Avenue Remodel of the building façade and construction of metal awnings providing for long-term outdoor seating. Approved Legend R = Residential C = Commercial MU= Mixed Use PLANNING COMMISSION AND DESIGN REVIEW BOARD ACTIVITY 2023 MS 851-2020 R Noble Oaks Ln 1475 Lawrence Road Development Plans for previously approved 4-lot subdivision MS 851- 2020 Under Construction MS 870-2022 R Jason Bond Lot Split 824 Danville Blvd Minor Subdivision allowing the subdivision of an existing 2.15-acre parcel located at 824 Danville Blvd. into four single-family residential lots. Approved MS852-2021 R 932 La Gonda Way Minor Subdivision 932 La Gonda Way Minor Subdivision request allowing the subdivision of an existing 2.6- acre parcel into four single-family residential lots.Under Construction SD 6264 R Vandam Subdivision Tatum Lane 2449 & 2451 Tassajara Lane Major Subdivision request allowing the subdivision of an existing parcel into seven single-family residential lots.Under Review SD 9631 R Haven Development 133 El Dorado Ave Major Subdivision to subdivide an existing 15,000 square foot parcel into five single-family lots.Approved SD 9666 R Misson Subdivision 2570 Camino Tassajara Rd, 45 Sherburne Hills Rd Major Subdivision to subdivide a 19.43-acre site to create 18 single- family residential lots. Incomplete SD 9673 R Sycamore Hills Hill Meadow Place Major Subdivision and Development Plan to allow a 30-unit single- family residential subdivision. The 47-acre site is located on an open space parcel on the hillside above Hill Meadow Drive. This application has been submitted under the Builder’s Remedy provision of the State Housing Accountability Act. Incomplete R Town & Country Shopping Center 111 Town and Country Dr Development Plan for a four-story 200 unit apartment building. Anticipated R Sloat Garden Center 828 Diablo Rd Development Plan for multifamily housing.Anticipated R Community Presbyterian Church 222 W El Pintado Development Plan for around 100 multifamily units.Anticipated R Beth Chaim 1800 Holbrook Dr Development Plan for 10 multifamily units using SB4.Anticipated 2 HERITAGE RESOURCE COMMISSION REPORT AND SUMMARY - 2023  Public Outreach Sub-Committee - The Heritage Resource Commission established a dedicated Public Outreach Sub-Committee with the objective of elevating public awareness regarding the Town's rich history and the significance of its historic preservation program. A key initiative undertaken by the committee involved the development and promotion of informational bronze plaques. Presently, 20 such plaques have been strategically installed on Town Heritage Resources, marking an impactful stride in fostering historical awareness within the community. 2024: The Sub-Committee is currently working on finalizing the language for Halverson Creek Plaque and setting an unveiling date. In addition, the sub-committee is working on language for the Fazzio Fisher house at 324 Railroad Avenue.  Historic Survey Sub-Committee - To uphold the integrity of the Town's Survey of Historic Properties, the Heritage Resource Commission instituted a specialized sub-committee. This group diligently undertook the task of evaluating and recommending updates to the survey, encompassing the identification of structures with potential historic significance. Furthermore, the Sub-Committee meticulously assessed properties listed in the Town's Identified Potential Resources survey, considering their inclusion in the comprehensive Town Heritage Resource Survey. This effort extends to the thorough review of existing structures on the Town's Historic Survey for potential designation as Town Heritage Resources. 2024: the Sub-Committee will continue to work to identify sites of potential historic significance.  Downtown Historic Walking Tour - The Heritage Resource Commission is actively engaged in the adaptation of modern technology for historical education, specifically through the utilization of the Engage by Cell Software Platform. This online platform enables users to embark on an informational walking tour of 34 historic sites in the downtown area. Each site is meticulously curated, featuring a professional photo, historical images, and detailed descriptions crafted by the Heritage Resource Commission. 2024: Continue to work on populating the walking application with historical information and develop an outreach program with economic development to support local businesses along the route.  Development Applications - The Heritage Resource Commission reviewed applications involving heritage resources including: 2 o 342 Railroad Avenue – DEV18-0016; Todd Fitch is the owner and Barry & Winn Architects are the applicant. This project approval allowed the construction of a new two-story 2,635 square foot building to the rear of the existing 988 square foot historic building on the site. The project also included minor restoration improvements to the historic building. Project status: Completed o 809 Podva Road– DEV23-0012; Master Wealth Properties, LLC is the owner and Joel Malakoff is the applicant. This approval allowed a second story addition, the infill of an existing porch, and other minor modifications to the Town Designated Heritage Resource at 809 Podva Road (the Podva Farmhouse). Project status: Approved, Building Permit Issued CODE ENFORCEMENT ACTIVITY 2023 The chart below summarizes the code enforcement activity for the 2023 calendar year. 2023 Summary: All Code Enforcement Cases Case Type Case Status Subtotal by Type # Initiated by Community % Initiated by Community Open Closed Building 1 44 45 39 87% Construction 0 8 8 8 100% Encroachment 1 34 35 32 91% Fence 0 12 12 10 83% Home Occupation 0 2 2 2 100% Noise 0 45 45 45 100% None 0 1 1 1 100% Nuisance 1 33 34 32 94% Other 2 101 103 93 90% Public Records 0 3 3 0 100% Screening 1 8 9 9 100% Signs 0 9 9 6 75% Tree 0 12 12 11 92% Zoning 0 8 8 6 75% Subtotal by Status: 6 320 326 294 90% Total Cases 1/1/23 – 12/31/23: