Agenda — Belvedere City Council, December 12, 2022 (part 2 of 2)

The proposed Ordinance does not constitute a “project” under the California Environmental Quality Act because it does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment.

Recommendation
Approve the second reading and adoption of Ordinance No. 2022-09.

Attachments

Resolution and Proposed Ordinance

CITY OF BELVEDERE
ORDINANCE N0. 2022-09
AN ORDINANCE OF THE CITY OF BELVEDERE AMENDING CHAPTER 2.08 - CITY COUNCIL- OF TITLE 2 OF THE BELVEDERE MUNICIPAL CODE BY AMENDING SECTIONS 2.08.010 AND 2.08, REPEALING SECTIONS 2.08.020 AND 2.08.050, AND RENUMBERING EXISTING SECTIONS CONSISTENT WITH THE AMENDMENTS.

Note: Additions to Code are underlined.

Deletions to Code are in strike-through text.

WHEREAS, the meetings of the Belvedere City Council are governed by the Ralph M. Brown Act (Government Code section 54950 et. seq.)
WHEREAS, Chapter 2.08 of Belvedere’s Municipal Code contains provisions relating to meetings that are duplicative of the Brown Act.

WHEREAS, the Brown Act is amended frequently by the State Legislature.

WHEREAS, removing state law provisions from Belvedere’s Municipal Code improves the efficiency of City operations by ensuring City Council meetings operate according to the state law, as required, and alleviates the City of the need to amend its Municipal Code each time the Legislature amends the Brown Act.

Now, therefore, the City Council of the City of Belvedere does ordain as follows:

SECTION 1. Findings. The above recitals are true and correct and are incorporated as findings herein.

SECTION 2. Amendment. Belvedere Municipal Code Chapter 2.08 is hereby amended as follows:

Title 2 Chapter 2.08 City Council
Section 2.08.010 - Time and Place of Meetings.

Section 2.08.030 - Cancellation.

Section 2.08.040 - Mayor.

Section 2.08.040 - Conduct of Meetings.

Section 2.08.010 - Time and Place of Meetings.

The City Council shall hold one regular meeting each calendar month. These meetings shall be held on the dates, at the times, and in such locations as specified by the City Council by resolution in accordance with California Government Code Section 36805. When the day for any regular meeting of the City Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same hour on the next succeeding day which is not a holiday, or at such time and date agreed to by a majority of the City Council. The City Council may hold other meetings as necessary, consistent with the provisions of the Ralph M. Brown Act (Government Code section 54950 et seq.)
Section 2.08.020 Other Meetings.

A. Special meetings may be called at any time by the Mayor or by determination of the majority of the City Council. Written notice of any such meeting must be given to all members of the City Council and to all newspapers, radio stations, television stations, or other media who have previously requested same in accordance with applicable provisions of the Government Code.

Such notice may be given either personally or by mail, but must be received at least twenty-four (24) hours before the time set for the special meeting. Such notice is not necessary for any member who submits a written waiver of notice to the City Clerk at or before the time set for the meeting, or for any member who is actually present at the special meeting B. Adjournment—adjourned meetings. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each Council member at least three hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within twenty-four hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided in this rule, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.

C. A special emergency meeting may be called by the Mayor or by a majority of the City Council where there exists:

1. A work stoppage, crippling disaster or other activity which severely impairs public health or safety; or

2. Such other circumstance specified by State law as authorizing the conduct of an emergency meeting.

Any special emergency meeting shall be called, noticed and conducted only in accordance with the procedures set forth in State law.

D. Closed sessions. The Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. If a closed session is included on the agenda, the description of the item shall be in substantial compliance with applicable State law. During closed session, the City Council may exclude any person or persons which it is authorized by State law to exclude from closed sessions. No minutes of the proceedings of the City Council during a closed session are required. There shall be no closed session during any special emergency meeting. (Ord. 2006-5 § 2, 2006; Ord. 92-5 § 1, 1992.) Section 2.08.020 -2.08.030 Cancellation.

Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.

Section 2.08.030 2.08.040 – Mayor.

The Mayor shall preside over all Council meetings. In his/her absence, the Vice-Mayor shall serve as presiding officer.

Section 2.08.050 Attendance by the Public.

Except as specifically provided by law for closed sessions, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session. In such event, only matters appearing on the agenda may be considered during such session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.

Section 2.08.040 2.08.060 – Conduct of Meetings. Order of business and rules of conduct.

The meetings conducted by the City Council of the City shall be in accordance with the Ralph M. Brown Act (Government Code section 54950 et seq.) and Council rules and procedures as established by resolution. with Robert’s Rules of Order as modified by the City Council by resolution relating to order of business and rules of conduct.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable.

SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage. Within fifteen (15) days following its passage, a summary of the Ordinance shall be published with the names of those City Council members voting for and against the Ordinance and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of the members voting for and against the Ordinance.

INTRODUCED AT A PUBLIC HEARING at a regular meeting of the Belvedere City Council on November 14, 2022 and adopted at a regular meeting of the Belvedere City Council on December 12, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Jim Lynch, Mayor
ATTEST:

Beth Haener, Interim City Clerk
Cooper, Kemnitzer, Mark, Wilkinson, Lynch
None
None
None
AGENDA ITEM NO. : 11

CONSENT CALENDAR BELVEDERE CITY COUNCIL
DECEMBER 12, 2022
To: Mayor and City Council
From: Antony Boyd, Public Works Director
Reviewed by: Robert Zadnik, City Manager
Subject: Amendment to Administrative Policy Manual Section 6.2 Parks, Open Spaces and Lanes Committee Operations
Recommended Motion/Item Description

Adopt a resolution approving an amendment to the Administrative Policy Manual (APM) Section

6.2 Parks, Open Spaces and Lanes Committee Operations, changing the date of the Committee’s “annual recommendation on priorities for measures to improve or protect Belvedere’s Parks, Open Spaces and Lanes” from December 31 to January 31.

Background
Policy 6.2 of the Administrative Policy Manual establishes the operating procedures of the Parks, Open Spaces and Lanes Committee. This includes section 6.2.3 Reporting, which details the annual reporting requirements of the Committee, including the dates by which two annual reports be submitted. Under the current charter, the “annual recommendation” report outlining the Committee’s project priorities and budget requests is required to be submitted by December 31 of each year.

Discussion
In drafting and finalizing this report of the Committee, it is expected that an opportunity for comment, discussion and deliberation will require a meeting. The schedule of regular meetings is defined in Section 6.2.5 of the Committee Charter as “four times each year during the third week of each fiscal quarter.” The most recent meeting was held on October 20, 2022, and the next meeting will be in the third week of January 2023.

This year, for the timely completion of the report, a special meeting would be required. To generate a final report by December 31st, it is anticipated by staff that a special meeting will likely be required every year.

Staff recommends that the date by which the “annual recommendation on priorities for measures to improve or protect Belvedere’s Parks, Open Spaces and Lanes” is completed, be revised from December 31 to January 31 each year. This would align the due date of the report with the timing of the regular meeting in January.

CONSENT CALENDAR BELVEDERE CITY COUNCIL
DECEMBER 12, 2022

Page 2 ends

Attachments

1. Resolution to Amend Administrative Policy Manual Section 6.2 Parks, Open Spaces and Lanes Committee Operations

2. Exhibit A – Administrative Policy Manual Section 6.2 Parks, Open Spaces and Lanes Committee Operations, showing proposed amendment in red.

APM Part 6 1 Policy 6.2
CITY OF BELVEDERE – ADMINISTRATIVE POLICY MANUAL
POLICY 6.2

PARKS, OPEN SPACES & LANES

COMMITTEE OPERATIONS
Adoption Date: 11/14/2011 Adopted by: City Council Motion Revised Date: 3/11/2019
3/22/2022
Revised by: City Council Resolution No. 2019-04
City Council Resolution No. 2022-16
Authority: City Council

6.2.1 PURPOSE
The Parks, Open Spaces and Lanes (the “Committee”) is established to study and provide community input into measures to protect Belvedere’s Parks, Open Spaces and Lanes and to develop Belvedere’s Parks, Open Spaces and Lanes in a manner consistent with Belvedere’s General Plan and the best interests of the citizens of Belvedere. For purposes of this Charter, the term “Parks, Open Spaces and Lanes” shall include city-owned parks, open spaces, lanes, and other areas of interest that are included in Exhibit 6 to the Belvedere General Plan and entitled:

PARKS, RECREATION AND OPEN SPACE MAP CITY OF BELVEDERE.

6.2.2 DUTIES
In furtherance of this mission, the Committee shall carry out the following duties only:
(1) Provide a set of recommendations to staff and Belvedere City Council each year prioritizing measures to improve or protect Belvedere’s Parks, Open Spaces and Lanes during each of the subsequent 5 fiscal years;

(2) Provide a report to the Belvedere City staff and to Belvedere City Council regarding the status of measures taken to address the priorities adopted by the Belvedere City Council for Belvedere’s Parks, Open Spaces and Lanes during the preceding fiscal year; (3) Provide recommendations to the Belvedere Planning Commission with respect to any proposed project directly effecting Belvedere’s Parks, Open Spaces and Lanes; (4) Undertake such additional studies and reporting as the Belvedere City Council or the Belvedere City staff may request from time to time regarding measures to improve or protect Belvedere’s Parks, Open Spaces and Lanes.

6.2.3 REPORTING
APM Part 6 2 Policy 6.2
The Committee shall report its annual recommendation on priorities for measures to improve or protect Belvedere’s Parks, Open Spaces and Lanes not later than December 31 January 31 of each year.

The Committee shall make its annual report on the status and progress of the City’s measures to protect and improve Belvedere’s Parks, Opens Spaces and Lanes not later than August 30 of each year.

The Committee shall provide any comment described in Section 6.3.3 of the Belvedere Administrative Policy Manual relating to an application for entitlement affecting Belvedere’s Parks, Open Spaces and Lanes to the Belvedere Planning Commission not later than 72 hours before the Planning Commission hearing at which such objection shall be heard; The Committee shall make such additional reports as requested from time to time by the Belvedere City staff and the Belvedere City Council on a schedule that shall be specified together with such requests.

6.2.4 Duration
The Committee shall be a Standing Committee and shall continue in operation until such time as this charter is revoked by the Belvedere City Council.

6.2.5 Meetings
The Committee shall meet four times each year during the third week of each fiscal quarter and at such additional times as requested by the Belvedere City Council and Belvedere City staff. A special meeting may be called by the Chair of the Committee upon receipt of notice that an entitlement has been requested relating that has a significant impact on Belvedere’s Parks, Open Spaces and Lanes.

6.2.6 MEMBERS; TERM OF OFFICE
Non-Voting Council Liaisons:

The Committee shall have one Belvedere City Council liaison and one Council liaison alternate both of whom shall be charged with guiding the committee’s deliberations.

Public Members:

The Council shall appoint five members from the public who shall have a demonstrated interest in the City’s Parks and Open Spaces (the “Public Members”). Public members shall be appointed for a term of four years. The Belvedere City Council shall appoint members to the committee on a staggered basis so that not more than three committee members’ terms expire in any given year. Preference for appointments shall generally be given to Master Gardeners, parents with APM Part 6 3 Policy 6.2
young children, and volunteers from community environmental organizations such as Broom Busters and the Richardson Bay Audubon Society. Public Members may be removed from the Committee by the Belvedere City Council.

Non-voting Ex-Officio:

The Belvedere City Manager
The Belvedere City Director of Public Works

6.2.7 PROCEDURE
The Committee shall follow Rosenberg’s Rules of Order except as modified by this charter.

6.2.8 REORGANIZATION
The Committee shall reorganize under this charter at the next meeting contemplated by this Charter and shall include only such existing members of the Belvedere Parks and Open Space Committee who have the longest time remaining in their respective terms of office. The reorganized committee shall elect new officers at its next meeting. Notwithstanding Section 6.2.7 of this Charter, the Committee may elect its existing officers to a new term.

6.2.9 QUORUM
A quorum shall require a majority of the Public Members.

6.2.10 OFFICERS
The Committee shall elect Public Members as a Chair and a Vice-chair and such officers shall serve for a term of one year. Public Members may serve for more than one term of office provided that no two such terms may be consecutive. The Belvedere City Manager shall appoint a Secretary to serve on an Ex-Officio basis.

6.2.11 SUBCOMMITTEES
The Chair of the Committee shall be empowered to appoint, upon prior notice to and consultation with the Mayor, ad hoc sub-committees to assist in the Committee’s deliberations.

6.2.12 NO IMPLIED AUTHORITY
APM Part 6 4 Policy 6.2
The duties and authorities set forth in this Charter imply no additional authorities or duties. Any independent unauthorized actions including but not limited to contracting with third parties and undertaking public opinion polls are ultra vires, expressly forbidden by the Belvedere City Council.

6.2.13 BROWN ACT COMMITTEE
The Committee is subject to the open meeting requirements of the Brown Act (Govt. Code sec. 54950).

CITY OF BELVEDERE
RESOLUTION NO. 2022-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE

AMENDING BELVEDERE ADMINISTRATIVE POLICY MANUAL,
POLICY 6.2 “PARKS, OPEN SPACES AND LANES COMMITTEE OPERATIONS” ______________________________________________________________________ WHEREAS, Belvedere Administrative Policy Manual Section 6.2 “Parks, Open Spaces and Lanes Committee Operations” provides policies establishing operating procedures for the Parks, Open Spaces and Lanes Committee; and
WHEREAS, on December 12, 2022, the City Council held a public meeting to consider Administrative Policy Amendments; and
WHEREAS, the City Council finds that the Administrative Policy Amendments are categorically exempt from the California Environmental Quality At (“CEQA”) under CEQA Guideline section 15061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there is no possibility of a significant adverse environmental effect.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belvedere that Part 6, Committees, Commissions and Boards, of the City of Belvedere Administrative Policy Manual, Section

6.2 is hereby adopted as set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Belvedere on December 12, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:___________________________
,Mayor
ATTEST:_______________________________
,City Clerk
Resolution No. 2022-59
Belvedere City Council

Page 2 ends

PUBLIC HEARING BELVEDERE CITY COUNCIL
DECEMBER 12, 2022
TO: City of Belvedere City Council
FROM: Irene Borba, Director of Planning and Building
REVIEWED BY: Ann Danforth, Assistant City Attorney
Robert Zadnik, City Manager
SUBJECT: Introduction & First Reading of an Ordinance of the City of Belvedere to Amend Sections 18.08.040 (L) (Former) 19.04.020, and Add Sections

18.04.040(L)(New), 19.04.035, 10.08.527, Chapter 18.27 and Chapter

19.77 to the City of Belvedere Municipal Code, all to comply with Senate Bill 9

RECOMMENDATION
Staff recommends after review of all information, presentations, and public testimony that:

1. That the City Council conduct the public hearing.

2. Motion to read the Ordinance by Title only. The City Clerk will read aloud the full title of the Ordinance.

3. Moton to approve the first reading of the Ordinance and waive future readings of the Ordinance in its entirety.

BACKGROUND INFORMATION
On September 16, 2021, California Governor Gavin Newsom signed SB 9. That bill included California Government Code Sections 65852.21 and 66411.7, which effectively ended single family residential zoning in the State of California. The most significant component of this bill is that it requires ministerial approval of a one-time, two-lot subdivision and up to two (2) units per lot. The proposed subdivision or development project must be considered ministerially, without discretionary review or hearing, if the proposal meets certain requirements. Local agencies can apply additional objective zoning, subdivision, and design review standards if those standards would not physically preclude the construction of two primary residential units of at least 800 square feet on each lot. The bill does allow local ordinances to authorize, up to four units on one existing single-family lot that has not been subdivided (two primary units and two ADUs) and/or units of more than 800 feet using the SB 9 process.

City Council - January & February 2022
Staff prepared an interim Urgency Ordinance to implement regulations for SB 9 projects city wide.

The City Council adopted the Urgency Ordinance (Ordinance 2022-01) on January 10, 2022, establishing standards and regulations for development and subdivisions for such projects under SB9. An Urgency Ordinance has an initial term of 45-days. On February 14, 2022, the City AGENDA ITEM NO.: 13
Council adopted an extension of the Urgency Ordinance (Ordinance 2022-02) which extended the term of the Urgency Ordinance for one-year from the adoption date of Ordinance 2022-01.

Council staff report and attachments of January 10, 2022 can be found here at the following link:
https://www.cityofbelvedere.org/AgendaCenter/ViewFile/Agenda/_01102022-616?html=true Council staff report and attachments of February 14, 2022can be found her at the following link:
https://www.cityofbelvedere.org/AgendaCenter/ViewFile/Agenda/_02142022-625?html=true Planning Commission – November 2022
The Planning Commission considered a formal Ordinance for SB 9 at its regular meeting of November 15, 2022. The Planning Commission staff report and attachments can be found here:
https://www.cityofbelvedere.org/AgendaCenter/ViewFile/Agenda/_11152022-690?html=true The SB 9 Ordinance considered by the Planning Commission in November is substantially the same as the Urgency Ordinance adopted earlier this year with the following exceptions:
• Minor clean-up of ordinance language and or language for consistency with the model SB9 Ordinance.

For example: Section 18.27.040 B & 19.77.040 (B) – changed “The parcel being subdivided is not being located on a site that is any of the following:” is replaced with “The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subsection (a) of Section 65913.4.”
The draft ordinance as prepared also provided an opportunity for discussion of several issues that the Urgency Ordinance did not address. Staff sought direction from the Commission/Council on the following items:

1. Refer to Exhibit B: Section 19.77.040 (J) of the current draft ordinance provides the following: “Two primary dwelling units only may be located on any lot created through an Urban Lot Split that utilized the Two-Unit Development provision, accessory dwelling units and junior accessory dwelling units are not permitted on these lots.”
State law does not require local agencies to allow ADUs or JADUs on parcels that utilize both the Urban Lot Split and the Two-Unit Development provisions. Accordingly, the current draft does not allow such units. Note that this provision does not apply to SB 9 projects unless the parcel involved resulted from an Urban Lot Split.

State law does allow local jurisdictions the option of allowing additional units, likely ADU’s and JADU’s, on these lots. Jurisdictions can consider this for large lots or in exchange for the applicant’s agreement to record a covenant restricting sale or rental of the ADU/JADU to moderate or lower-income households. Staff suggested to the Commission that the additional units would be beneficial as additional units and would count towards our RHNA allocation as new units, and it would be an added benefit if some of those units could be restricted through the recorded covenant for moderate or lower-income households if rented or sold.

The second item for discussion with the Commission included the following:

2. Refer to Exhibit B: Section 19.77.050 (B) of the current draft includes the following Objective Design Standard for Two-Unit Developments. : “The SB 9 Ordinance, December 12, 2022, City Council Page 3
maximum floor area of a unit in a Two-Unit Development shall be 800 square feet if the unit does not meet all development standards contained in the underlying zoning district.”
Staff suggested to the Commission may want to consider and provide direction to staff to allow larger unit sizes in return for larger setbacks or other design compromises. Allowing for larger unit sizes may provide an added interest for property owners to do a Two-Unit Development as well as provide greater setbacks for structures.

The Planning Commission discussed the above two options at its November meeting and decided to recommend that the formal SB 9 Ordinance be adopted as written, with the exception of some minor language clean up, as suggested by Commissioner Stoehr. The Commission thought the discussion raised by staff merited a more detailed discussion that should be revisited later; the Commission wanted to move the SB 9 Ordinance along to Council for formal adoption given the Urgency Ordinance expires early in 2023.

DISCUSSION/ANALYSIS
SB 9 was signed by Governor Newsom on September 16, 2021, and took effect on January 1, 2022. The full text of SB 9 can be found here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 .

Attached is a summary of SB 9 from the law firm of Goldfarb & Lipman as well as some frequently asked questions provided by the Association of Bay Area Governments (ABAG).

This bill requires a proposed urban lot split or housing development containing no more than two primary residential units on a lot within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. Requirements include, among others:
• That the urban lot split or proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; • That the urban lot split or proposed housing development would not require demolition or alteration of housing that has been occupied by a tenant in the last three years; • That the urban lot split or proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls (unless a local ordinance so allows, or the site has not been occupied by a tenant in the last three years); and • That the urban lot split or proposed development is not located within a historic district, it is not included on the state historic resources inventory or is not within a site that is designated or listed as a City landmark or historic property or district.

SB 9 allows a local agency to impose objective zoning, design, and subdivision standards unless those standards would have the effect the physically precluding the construction of two primary residential units on either of the resulting parcels or physically precluding either of the two units from being at least 800 square feet in floor area.

The bill also requires that any units developed under these regulations be rented for more than 30 consecutive days and applicants for urban lot splits must sign an affidavit stating that they intend AGENDA ITEM NO.: 13
to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. The proposed ordinance includes these requirements.

Proposed Ordinance Amendments
If approved, proposed amendments to the Belvedere Municipal Code, Titles 18 & 19, would formally implement the state law citywide.

Similar to recent legislation concerning accessory dwelling units (ADU’s), SB 9 contains directive language regarding certain aspects of urban lot splits and two-unit developments and allows local agencies to adopt objective standards to regulate the other aspects as long as those standards do not conflict with new Government Code Sections 65852.21 and 66422.7. The following highlights some of the more notable objective standards applicable to Urban Lot Splits and SB 9 dwelling units.
• Lot splits and new SB 9 dwelling units are allowed in all single-family zoning districts; including R-15, R1-L, R1-W, and R1-C, but not in multifamily districts. • Lot splits can create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision.
• A parcel created by an Urban Lot split is not eligible for an additional Urban Lot Split. • In no instance shall any resulting lot be smaller than 1200 square feet in area. • Lot splits and new SB 9 dwellings are not permitted on sites located within historic districts or historic resources designated by ordinance.
• Lot splits and new SB 9 dwellings are not permitted on sites located within a high sensitivity area for prehistoric resources, which are designated as historic properties. • No alteration of existing housing is allowed if it has been occupied by tenants for the last three years.
• New dwelling units are limited to 800 square feet of floor area and 16 feet in height if they do not meet all the development standards in the underlying zoning. • A parking space is required for each SB 9 unit unless it is located within 1/2-mile walking distance of a “high quality transit corridor” or a major transit stop. • Coverage and floor area limitations would continue to apply except as necessary to permit 800 sq. ft, SB 9 units and to provide the required minimum emergency access and vehicle parking.
• Property owner shall record a deed restriction specifying that no dwelling unit shall be occupied as a short-term rental unit and no further subdivision of the parcel under SB 9 is permitted (if an urban lot split has been approved).
• New detached units shall be of the same architectural style, detail, color and building material as the primary dwelling unit.
• Per SB 9 and the proposed ordinance amendments, the City’s Building Official may deny a two-unit project or urban lot split by making written findings, based on a preponderance of evidence, that the project would have a specific adverse impact on public health and safety or the physical environment, and that there is no feasible method to mitigate or avoid such impact. A “specific adverse impact” must be significant, quantifiable, and direct, based on an objective written public health or safety standard that existed at the time the project application was deemed complete. Inconsistency with the city's general plan or zoning ordinance does not constitute a specific adverse impact.

SB 9 Ordinance, December 12, 2022, City Council Page 5

ENVIRONMENTAL DETERMINATION
This Ordinance is not a project under the California Environmental Quality Act (CEQA) as provided by Gov. Code §§ 65852.21(j) and 66411.7. Therefore, no further review under CEQA is required.

CONCLUSION/RECOMMENDATION
Staff recommends that the City Council:

1. That the City Council conduct the public hearing.

2. Motion to read the Ordinance by Title only. The City Clerk will read aloud the full title of the Ordinance.

3. Moton to approve the first reading of the Ordinance and waive future readings of the Ordinance in its entirety.

ATTACHMENTS
Attachment 1: Proposed Ordinance Amendment
Attachment 2: Summary of SB 9 from the law firm of Goldfarb & Lipman Attachment 3: Frequently asked questions provided by the Association of Bay Area Governments (ABAG) pertaining to SB 9.

CITY OF BELVEDERE
RESOLUTION NO. 2022-038

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF BELVEDERE RECOMMENDING

CITY COUNCIL TO AMEND SECTIONS

18.04.040(L)(FORMER), 19.04.020, AND ADD
SECTIONS 18.04.040(L)(NEW), 18.04.035, 19.08.527,
CHAPTER 18.27 AND CHAPTER 19.77 TO THE CITY

OF BELVEDERE MUNICIPAL CODE, ALL TO
COMPLY WITH SENATE BILL 9
WHEREAS, the State of California has declared a severe housing crisis exists in the state with the demand for housing exceeding the supply; and
WHEREAS, on September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split; and WHEREAS, the changes made to the Government Code by Senate Bill 9 went into effect on January 1, 2022; and
WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in Senate Bill 9; and
WHEREAS, the City of Belvedere (the “City”) has implemented land use policies based on the City’s General Plan, which provide an overall vision for the community and balance important community needs, and the City seeks to ensure that Senate Bill 9 projects are consistent with those policies; and
WHEREAS, to ensure that the City could process Senate Bill 9 projects in a manner consistent with both its General Plan and state law without interruption, the City Council adopted Urgency Ordinance 2022-01 pursuant to Section 65858 on January 10, 2022, establishing standards and regulations for development and subdivisions for such projects; and WHEREAS, as required by Section 65858(a), Urgency Ordinance 2022-01 had an initial term of 45 days; and
WHEREAS, on February 24, 2022, the City Council adopted Urgency Ordinance 2022- 02, which extended the terms of Urgency Ordinance 2022-01 for one year from the adoption date of Ordinance 2022-01; and
WHEREAS, City staff has proposed permanent amendments to the City of Belvedere Municipal Code to implement requirements of state law and add local policies that are consistent with the state law and implement the City’s General Plan; and Resolution 2022038
SB9 Ordinance
November 15, 2022
WHEREAS, the proposed code amendments are intended to implement Senate Bill 9 and are not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code, as provided in Government Code Sections 65852.21(j) and 66511.7(n).

NOW, THEREFORE, BE IT RESOLVED that

1. The above recitals are true and correct and incorporated as findings herein.

2. The Planning Commission of the City of Belvedere does hereby recommend that the City Council adopt the proposed ordinance amendments as set forth in Attachment 1. SB 9 Ordinance including Exhibits A & B attached hereto:

PASSED AND ADOPTED at a regular meeting of the Belvedere Planning Commission on November 15, 2022, by the following vote:

AYES: Pat Carapiet, Ashley Johnson, Marsha Lasky, Nena Hart, Larry Stoehr, Kevin Burke
NOES: None
ABSTAIN: None
ABSENT: Claire Slaymaker
RECUSED: None
APPROVED:

Pat Carapiet, Planning Commission Chair
ATTEST:

Irene Borba, Director of Planning & Building
1 CITY OF BELVEDERE
ORDINANCE NO. 2022-10

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BELVEDERE TO AMEND SECTIONS

18.04.040(L)(FORMER), 19.04.020, AND ADD
SECTIONS 18.04.040(L)(NEW), 18.04.035, 19.08.527,
CHAPTER 18.27 AND CHAPTER 19.77 TO THE CITY

OF BELVEDERE MUNICIPAL CODE, ALL TO
COMPLY WITH SENATE BILL 9
WHEREAS, the State of California has declared a severe housing crisis exists in the state with the demand for housing exceeding the supply; and WHEREAS, on September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split; and WHEREAS, the changes made to the Government Code by Senate Bill 9 went into effect on January 1, 2022; and
WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in Senate Bill 9; and
WHEREAS, the City of Belvedere (the “City”) has implemented land use policies based on the City’s General Plan, which provide an overall vision for the community and balance important community needs, and the City seeks to ensure that Senate Bill 9 projects are consistent with those policies; and
WHEREAS, to ensure that the City could process Senate Bill 9 projects in a manner consistent with both its General Plan and state law without interruption, the City Council adopted Urgency Ordinance 2022-01 pursuant to Section 65858 on January 10, 2022, establishing standards and regulations for development and subdivisions for such projects; and WHEREAS, as required by Section 65858(a), Urgency Ordinance 2022-01 had an initial term of 45 days; and
2 WHEREAS, on February 24, 2022, the City Council adopted Urgency Ordinance 2022- 02, which extended the terms of Urgency Ordinance 2022-01 for one year from the adoption date of Ordinance 2022-01; and
WHEREAS, City staff has proposed permanent amendments to the City of Belvedere Municipal Code to implement requirements of state law and add local policies that are consistent with the state law and implement the City’s General Plan; and WHEREAS, the proposed amendments to the City of Belvedere Municipal Code implement requirements of state law and add local policies that are consistent with the state law and implement the City’s General Plan; and
WHEREAS, the City Council has found that the provisions of this ordinance are consistent with the goals and policies of the City’s General Plan; and WHEREAS, the proposed code amendments are intended to implement Senate Bill 9 and are not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code, as provided in Government Code Sections 65852.21(j) and 66511.7(n).

WHEREAS, on October 26, 2022, notice of the Belvedere Planning Commission public hearing on the proposed ordinance amendments related to SB 9 was posted at City Hall, and was posted to the City’s website; and
WHEREAS, on October 26, 2022, notice of the Belvedere Planning Commission public hearing was published in the Ark in compliance with California Government Code Section 65090 and a citywide notice mailing was mailed to property owners; and WHEREAS, on November 15, 2022, the Belvedere Planning Commission conducted a public hearing on the draft ordinance, introduced said ordinance, considered all oral and written comments submitted to the Commission before voting to adopt a resolution recommending that the City Council adopt the ordinance by a vote of 6 AYES, 0 NOES, 1 ABSENT; and WHEREAS, on December 12, 2022, the City Council of the City of Belvedere conducted a public hearing on the draft ordinance, introduced said ordinance, considered all oral and written comments submitted to the City before voting to pass the first reading of the ordinance by a vote of ; and
WHEREAS, on___________________, the City Council held a duly noticed public hearing and adopted the draft ordinance to by a vote of _____________________. 3 NOW, THEREFORE, the City Council of the City of Belvedere does ordain as follows:

Section 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.

Section 2. The City of Belvedere Municipal Code Title 18, Chapter 18.04, Section 18.04.04 is hereby amended to renumber the existing subsection (L) as subsection (M), as follows:

M. “Vesting tentative map” refers to map which meets the requirements of Section 18.20.130 of this Title.

Section 3. The City of Belvedere Municipal Code Title 18, Chapter 18.04, Section 18.04.04 subsection (L) is added to read as follows:

L. “Urban Lot Split” means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

Section 4. The City of Belvedere Municipal Code Title 18, Chapter 18.04, Section 18.04.035 is added to read as follows:

18.04.035 - Urban Lot Splits
Urban Lot Splits, as defined by Section 18.04.040, will be reviewed and approved under Chapter 18.27. In the event of a conflict between Chapter 18.27 and any other provisions of Title 18, Chapter 18.27 shall prevail.

Section 5. The City of Belvedere Municipal Code Title 19, Chapter 19.04, Section 19.04.020 is amended to be titled “Scope of Chapter Requirements; Limitations” and read as follows:

A. In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. It is not intended by this Title to impair, interfere with, abrogate, repeal or annul existing provisions of other laws or ordinances, except those contrary to or inconsistent with this Title. Nor is it intended by 4 this Title to impair, interfere with or abrogate or annul existing private restrictions placed upon property by or with restrictive covenants running with the land; except, that where this Title imposes a greater restriction upon the use of any premises or land than is imposed or required by existing provisions of contracts, covenants or other private agreements, the provisions of this Title shall control. Any amendment to this Title shall not invalidate variances, use permits, building permits or other permits validly issued prior to, and existing on, the effective date of such amendment.

B. Two-Unit Developments, as defined by Section 19.08.527, will be reviewed and approved under Chapter 19.77. In the event of a conflict between Chapter

19.77 and any other provisions of Title 19, Chapter 19.77 shall prevail.

Section 6. The City of Belvedere Municipal Code Title 19, Chapter 19.08 is hereby amended to add Section 19.08.527 titled “Two-Unit Development” to read as follows:
“Two-Unit Development” means a development that proposes no more than two new units or proposes to add one new unit to one existing unit and that meets all the applicable criteria and standards set forth in Section 65589.5 of the California Government Code and 19.77 of the Belvedere Municipal Code.

Section 7. A new Chapter 18.27 “Urban Lot Splits” is hereby added to the Belvedere Municipal Code to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

Section 8. A new Chapter 19.77 “Two-Unit Developments” is hereby added to the Belvedere Municipal Code to read as set forth in Exhibit B to this Ordinance, which is hereby incorporated as though set forth in full herein.

Section 9. Repeal of Prior Enactments. Urgency Ordinances 2022-01 and 2022-02 are hereby repealed.

Section 10. Exemption from Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) because the code amendments are to implement Senate Bill 9 adding Government Code Sections 65852.21 and 66411.7, which provide that an ordinance implementing the provisions of these statutes is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. 5 Section 11. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Sections 65852.21 et seq. and 66411.7 et seq.

Section 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, it is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this ordinance are declared to be severable.

INTRODUCED AND ADOPTED AT A PUBLIC HEARING at a regular meeting of the Belvedere City Council on December 12, 2022, by the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

ATTEST:
, City Clerk
APPROVED:
, Mayor

EXHIBIT A
Chapter 18.27, "Urban Lot Splits," is hereby added to the Belvedere Municipal Code to read in its entirety as follows:

18.27.010 Purpose & Intent.

A. The purpose of this Chapter is to establish objective zoning standards and regulations to govern the development of qualified Senate Bill 9 (SB 9) subdivisions and development projectsin residential zoned properties within the City of Belvedere. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill projects while ensuring that the new units are consistent with the City's character and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements of Government Code Section 65852.21 and 66411.7.

B. The provisions of this Chapter shall be the primary regulations for the subdivisions of land for and development of SB 9 dwelling units. To the extent that an aspect of the subdivision of land for or development of SB9 dwelling units is not addressed by the Chapter, other provisions of the Municipal Code shall apply. In the event of a conflict between this Chapter and another provision of the Municipal Code, as it applies to the subdivision of land for or development of SB 9 units, this Chapter shall prevail.

18.27.020 Definitions. For purposes of this Chapter and Chapter 19.77, the following definitions apply:

A. A person "acting in concert with the owner," as used in Section 18.27.040(1), means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

B. "Adjacent parcel" means any parcel of land that is(1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.
2 C. "Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

D. "Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor if the entity owns ten (10) percent or more of the interest in the property.

E. "Very low income household" has the meaning set forth in Health and Safety Code Section 50105.

F. "Lower income household" has the meaning set forth in Health and Safety Code Section 50079.5.

G. "Moderate income household" hasthe meaning set fmth in Health and Safety Code Section 50093.

H. "Sufficient for separate conveyance," as used in Sections 18.27.040(L) and 19.77.040, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

18.27.030 Permit Application and Procedures - Urban Lot Splits.

A. Application and Review Authority. An application for an Urban Lot Split shall be made by the prope1ty owner and filed with the Planning Department on a form prescribed by the Director of Planning and Building, containing such information as reasonably requested by the Director of Planning and Building, and accompanied by the appropriate fee.

B. Ministerial Review. For applications that satisfy the criteria in Government Code Section 66411.7 and the requirements of this Chapter, the Director of Planning and Building or designee shall approve a parcel map as a ministerial permit, without discretionary review, public hearing, or Design Review. The decision shall be final and shall state in writing the reasons for approval or denial.

C. Review Timing. The City shall act upon an application for an Urban Lot Split within the time limits provided by the Subdivision Map Act.

18.27.040 Qualifying Criteria for Urban Lot Splits. Applications for Urban Lot Splits must meet the following requirements. No exceptions to the standards in this section 3 shall be granted except as expressly provided in subsection J as to the requirements in that subsection.

A. The parcel is located within one of the following single-family residential zones(R-lL, RIC, Rl-W, R- 15).

B. The parcelsatisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
l. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City of Belvedere, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

4. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

5. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the building department under Chapter 12.2 4 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

6. Within a special flood hazard area subject to inundation by the one (1) percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. The development may be located on a site described in this subparagraph if either of the following is met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site.

8. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

9. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with 5 Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

I 0. Lands under conservation easement.

C. Both resulting parcels are no smaller than 1,200 square feet.

D. Neither resulting parcel shall be smaller than forty (40) percent of the lot area of the parcel proposed for the subdivision
E. The proposed lot split would not require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low- or very lowincome.

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

4. Housing that has been occupied by a tenant in the last three years.

F. The parcel is not located within a historic district or prope1iy included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City landmark or historic property or historic district pursuant to a City ordinance.

G. The parcel is not located within a High Sensitivity area as shown on the General Plan Prehistoric Sensitivity Maps found in the Technical Appendix of the General Plan, which parcels are City of Belvedere historic properties.

H. The parcel being subdivided was not created by an Urban Lot Split as provided in this section.
6 I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.

J. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

I. The application of such standards shall be modified by the Director of Planning and Building if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.

2. Notwithstanding subsection (J)(l) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

K. Each resulting parcel shall have:

1. Access to, provide access to, or adjoin the public right-of way.

2. Straight lines unless there is a conflict with existing improvements or the natural environment;

3. Generally parallel to the street when facing a street OR be at right angles perpendicular to the street on the straight streets, or radial to the street on curved streets;

4. Within appropriate physical locations (e.g., does not bisect buildings);

5. Contiguous with existing zoning boundaries;

6. Lot lines shall not result in an accessory building or accessory use on a lot without a main building on the same lot.

L. Proposed adjacent or connected dwelling units shall be permitted if they meet building and safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.
7 M. No more than two (2) units may be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a Two-Unit Development.

N. Parking. One parking space shall be required per unit constructed on a parcel created through an Urban Lot Split, except that no parking may be required where:

1. The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

2. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

0. Compliance with Subdivision Map Act. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of offsite improvements may be required as a condition of approval for an Urban Lot Split, although easements may be required for the provision of public services and facilities.

P. The correction of nonconforming zoning conditions may not be required as a condition of approval.

Q. Parcels created by an Urban Lot Split may be used for residential uses only and may not be used for rentals of less than thirty (30) days.

R. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

S. Urban Lot Splits shall be subject to all impact and other development fees imposed on the approval of a parcel map.

T. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed Urban Lot Split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed 8 complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts. u. Enforcement. The City Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law.

Remedies provided for in this chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

Section 18.27.050 Additional Required Documentation
A. Owner-Occupancy Affidavit. The applicant for an Urban Lot Split shall sign an affidavit, in the form approved by the City Attorney, stating that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three (3) years from the date of the approval of the Urban Lot Split. This subsection shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

B. Additional Affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in Section

18.27.040(E) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years (five (5) years if an existing unit is to be demolished). The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.

C. Recorded Covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City, which shall run with the land and provide for the following:

1. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section;

2. A limitation restricting the prope1iy to residential uses only; and

3. A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.
9 The City Manager or that person's designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.
10 EXHIBITB
Chapter 19.77, "Two-Unit Developments," is hereby added to the Belvedere Municipal Code to read in its entirety as follows:

19.77.010

19.77.020

19.77.030
Purpose. The purpose of this Chapter is to provide objective zoning standards for Two-Unit Developments within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21, to facilitate the development of new residential housing units consistent with the City of Belvedere's General Plan, and to ensure sound standards of public health and safety.

Definitions. For purposes of this Chapter, the definitions contained in Section

18.27.020 shall apply.

Permit Application and Procedures - Two-Unit Development A. Application and Review Authority. An application for a Two-Unit Development shall be made by the property owner and filed with the Planning Department on a form prescribed by the Director of Planning and Building, containing such information as reasonably requested by the Director of Planning and Building, and accompanied by the appropriate fee.

B. Ministerial Review. The Planning Director or that person's designee shall ministerially review without a hearing an application for a Two-Unit Development, and shall approve the application if all the criteria in Government Code Section 65852.21 and this section are satisfied.

C. Review Timing. The City shall act upon an application for a Two-Unit Development within the time limits provided by the Permit Streamlining Act.

19.77.040 Qualifying Criteria for Two-Unit Developments. Applications for Two-Unit Developments must meet all the following requirements. No exceptions to the standards in this section shall be requested or granted.

A. The parcel is in a single-family residential zone (R-IL, RI-W, RI-C, R-15).

B. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4
11 1. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

A development may be located on a site described in thissubparagraph if either of the following are met:
(1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or
(2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

8. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

9. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10. Lands under conservation easement.
13 C. Notwithstanding any provision of this section or any local law, the proposed Two-Unit Development would not require the demolition or alteration of any of the following types of housing:

1. Housing that is subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very lowincome.

2. Housing that issubject to any form of rent or price control through a public entity's valid exercise of its police power.

3. Housing that has been occupied by a tenant in the last three years.

D. The parcel is not a parcel on which an owner of residential real property has exercised the owner's right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.

E. The proposed Two-Unit Development does not include the demolition of more than twenty-five (25) percent of the existing exteriorstructural walls unless the site has not been occupied by a tenant in the last three years.

F. The proposed Two-Unit Development is not located within a historic district or property on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or historic property or historic district pursuant to a City ordinance.

H. The proposed Two-Unit Development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

1. The application of such standards shall be modified by the Director of Planning and Building if the standards would have the effect of physically precluding the construction of two units or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
14 2. Notwithstanding subsection (H)(l) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

I. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed to allow separate conveyance. The proposed TwoUnit Development shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

J. Only two primary dwelling units may be located on any lot created through an Urban Lot Split that utilized the Two-Unit Development provision. Accessory dwelling units and junior accessory dwelling units are not permitted on these lots.

K. One of the units in a Two-Unit Development shall be the principal place of residence of the property owner and the other unit may be leased or rented to a separate household.

L. Dwelling units created by a Two-Unit Development may be used for residential uses only and may not be used for rentals of less than thirty (30) days.

M. Parking. One parking space shall be required per unit constructed via the procedures set forth in this section, except that the City shall not require any parking where:

2. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

N. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

0. All units constructed as part of a Two-Unit Development shall be subject to all impact and other development fees imposed on the development of a new dwelling unit.

P. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed TwoUnit Development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and 15 unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

Q. Enforcement. The City Attomey shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law.

Remedies provided for in this chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

19.77.050 Objective Design Standards for Two-Unit Developments. The following objective standards apply to Two-Unit Developments:

A. The following development is permitted on the parcel:

1. Two primary dwelling units, either a duplex or two single-family homes.

2. If the parcel was not created using an Urban Lot Split, then additionally:
a. If a duplex is constructed, then two detached ADUs or one ADU created from existing non-livable space.
b. If one or two single-family homes are constructed, one ADU and one JADU.

B. The maximum floor area of a unit in a Two-Unit Development shall be 800 square feet if the unit does not meet all development standards contained in the underlying zoning district.

C. The maximum height shall be 16' from existing grade as defined by the Belvedere Municipal Code if the unit does not meet all development standards contained in the underlying zoning district.

D. A solid (no-openings) one-hour fire rated wall isrequired between adjacent or connected units constructed as part of a Two-Unit Development.

E. Driveway access shall be compliant with Tiburon Fire Protection District Standards.

F. All newly created dwelling units shall be connected to a public sewer or provide a private wastewater system that is fully contained within the parcel's boundaries. 16 G. Newly constructed units shall be of the same architectural style, detail, color and building material as the primary dwelling unit.

H. Any new window that faces an adjoining residential property shall be either made of opaque glass and/or have a sill height above eye level. Any new doors that face an adjoining residential property shall either not include windows, or all windows must be of opaque glass.

I. All exterior lighting shall be shielded and directed downward.

J. Where visible from off-site locations, skylights shall not have white or light opaque colored exterior lenses and no lights shall be installed inside the wells of the skylights.

K. Fencing shall be consistent with the fencing requirements of section 19.48.190 of the Zoning Ordinance.

L. Landscaping materials shall include following:

1. Shrubs, of at least one-gallon size, and limited to a maximum height of 8' on the sides and rear of the property.

2. Trees, of at least 15-gallon size and that grow to a maximum height of 12'.

3. Ground cover instead of grass/turf; and

4. Decorative nonliving landscaping materials including, but not limited to sand, stone, gravel, wood or water may be used to satisfy a maximum of twenty-five (25) percent of the parcel.

Section 19.77.060 Additional Required Documentation.

M. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a Two-Unit Development shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in Section 19.77.040(C) and (D) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years (five (5) years if an existing unit is to be demolished).

N. Recorded Covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:
17 1. A prohibition on non-residential use of any units developed or constructed through the Two-Unit Development, including a prohibition against renting or leasing the units for fewer than thirty (30) consecutive calendar days; and

2. A requirement that one of the units on the site be the principal residence of the owner.

The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.

1 Senate Bill 9 – Ministerial Urban Lot Splits & Two-Unit Developments
Frequently Asked Questions (FAQ)
DISCLAIMER: This document is intended to provide general information and does not constitute legal advice. Additional facts, facts specific to a particular situation, or future developments may affect the subjects discussed in this FAQ. Seek the advice of your attorney before acting or relying upon the following information.

BASICS

1. When does SB 9 go into effect?
January 1, 2022.

2. What is the definition of an urbanized area or urban cluster? As defined by the U.S. Census Bureau, an urbanized area is an area with 50,000 or more persons, and an urban cluster is an area with at least 2,500 people, but less than 50,000 people. Maps of urbanized areas and urban clusters can be found on the official U.S. Census Bureau website.

3. Can you use SB 9 in zones that allow single-family development but are zoned primarily for multi-family or mixed-use development?
No. The language of the statute is clear that it applies only to parcels in singlefamily residential zones. Since the intent of the legislation was to upzone or densify areas where only single-family development is currently permitted, it would not serve the purposes of the legislation for it to apply in areas where multi-family or denser uses are already permitted. SB 9 also does not apply to a parcel that is currently developed with a single-family home, if that parcel is located in anything other than a single-family residential zone. 2 4. Does SB 9 apply to homeowners' associations (HOAs)? SB 9 overrides local zoning only. It does not address rules or restrictions implemented and adopted by homeowners' associations or included in CC&Rs (covenants, conditions, and restrictions).

5. Is a lot eligible for an SB 9 lot split if it was split before SB 9? Yes. The language of SB 9 only prohibits an applicant from using SB 9 to subdivide a lot if it was previously split using the authority contained in SB 9. Even after using SB 9, the lot could be further split using ordinary procedures under the Subdivision Map Act and local subdivision ordinance subject to minimum lot size and other requirements that apply to the parcel.

6. Is the restriction on the demolition of 25% of the exterior walls of the building only applicable to deed-restricted affordable units?
No. This restriction applies to all units unless (1) the city adopts an ordinance allowing for demolition of more than 25% of the exterior walls of an existing structure, or (2) a tenant has not resided on the property in the last three (3) years.

7. How do you verify that existing housing has not been rented in the last 3 years? SB 9 does not provide an explicit mechanism for determining whether existing housing has been rented in the last three years. Given that, this is an issue that local agencies will want to address in an implementing ordinance or in their application procedures. Some approaches might include:
• In jurisdictions with existing records of rental properties, which may include business licenses, rent control registries, or inspection records, using data from the local records to be cross-referenced upon submission of an SB 9 application;
• Requiring applicants to sign a declaration under penalty of perjury; and/or • Providing that it is a violation of the Municipal Code or allowing a private cause of action if inaccurate information is submitted.

8. When the provisions of SB 9 are unclear, can we seek clarification from the Department of Housing and Community Development?
Unlike other recent state laws, such as SB 35 or SB 330, SB 9 does not include any provisions requiring HCD to issue guidelines for the implementation of SB 9.

Nonetheless, HCD has indicated that it intends to provide a technical assistance (TA) memo on SB 9 implementation. The timeline for when HCD's TA memo will be available is unclear.
3 INTERSECTION WITH OTHER LAWS

9. How does the state Density Bonus Law apply to the 4-unit scenario? State Density Bonus Law would not be applicable to SB 9 projects. Government Code § 65915(i) defines "housing development project," for the purposes of state density bonus, as "a development project for five or more residential units." SB 9 covers up to four units total on two contiguous lots. Additionally, the urban lot split section states specifically that local agencies are not required to allow more than the maximum of two units on each lot notwithstanding any provision of density bonus law.

10. How do SB 9 urban lot splits relate to the Subdivision Map Act and the fact that the Subdivision Map Act requires general plan conformance? The language in SB 9 overrides any conflicting provisions of the Subdivision Map Act. Specifically, Government Code § 66411.7(b)(2) provides that "[a] local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act…, except as otherwise expressly provided in this section." General Plan and specific plan conformance is not required if it would preclude lot splits mandated by SB9.

11. Do minimum frontage requirements apply to restrict lot subdivision? Minimum frontage requirements continue to apply unless the requirements would physically preclude the lot split or the construction of two units of at least 800 square feet each. However, SB 9 does allow local agencies to require the resulting parcels to have access to, provide access to, or adjoin the public right-ofway.

12. How does the Permit Streamlining Act apply if these are ministerial actions? SB 8, also effective January 1, 2022, extends the requirements of the Permit Streamlining Act to housing projects of one unit or more that require no discretionary approvals. As a consequence, SB 9 projects are subject to the Permit Streamlining Act’s requirements for completeness letters (within 30 days of submittal) and approval deadlines (within 60 days of determining that the project is exempt from CEQA).
4 QUANTITY/ACCESSORY DWELLING UNITS

13. SB 9 states that "[a] housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to an existing unit." Why are some people saying that you can add two new units to a parcel with an existing single-family home?
As the question states, Gov. Code § 65852.21(i) provides that a development contains two residential units if "the development proposes no more than two new units or if it proposes to add one new unit to one existing unit." This could be interpreted to mean that the statute applies to a two-unit proposal even if those units are proposed for a lot already containing a unit. While the urban lot split section (Gov. Code § 66411.7) clearly allows local agencies to limit total development to two units per lot, including existing units, ADUs, and JADUs, the same language is not present in the two-unit development section. The Legislature’s intent regarding a two-unit development on a single lot is not clear. It may be possible for an applicant who only uses the two-unit development provisions, but not the urban lot split provisions, to have more than two units on the lot.

14. Does SB 9 prohibit ADUs with an urban lot split, or can jurisdictions disallow ADUs with an urban lot split?
SB 9 does not prohibit accessory dwelling units or junior accessory dwelling units on lots created by an urban lot split. Under SB9 a local agency "shall not be required to approve" more than two units (including ADUs and JADUs) on a lot created via an SB 9 lot split. Agencies may also prohibit ADUs and JADUs on parcels created by urban lot splits that use the two-unit provision. Given this language, local agencies could choose to limit development on lots created by an urban lot split to two primary units each via adoption of an SB 9 implementing ordinance.

15. Are the two new SB 9 units entitled to an ADU or JADU? If the two new SB 9 units are not located on a lot created via the urban lot split provision, then ADUs and JADUs are allowed as under existing law. If the applicant used both the SB 9 lot split provisions and the SB 9 two-unit development provisions, then a local ordinance can limit total development to two units per lot, including ADUs and JADUs, or could choose to allow only two primary units on each lot.

16. If there is an existing four-unit building on a parcel in a single-family residential zone, can an applicant still add a duplex?
The existing four-unit building would already be a non-conforming use in a single-family zone. Depending on the jurisdiction's non-conforming use policies, the non-conforming structure may need to be removed if the applicant wishes to add a duplex. However, the 5 urban lot split provision (section 66411.7(i)) prohibits requiring correction of nonconforming zoning conditions for urban lot splits. Nonetheless, the agency can require that no more than two units be located on each lot.

17. Does SB 9 allow an applicant to use the duplex entitlements to build a single unit "monster home" and get around non-objective single-family design guidelines? Probably, yes. Section 65852.21(a) states, “A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing….” Later in the section, in paragraph (i), it also states “[a] housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.” Although it is not clear whether the legislature intended to include single-family home development, the "no more than two units" language in SB 9 could be interpreted to cover development projects proposing to construct one single-family home.

18. Are the new units created via the authority in SB 9 condominiums? Does SB 9 facilitate ministerial condominium conversions? Does SB 9 allow for condominium conversion of existing duplexes?
SB9 does not amend laws regarding condominiums. SB9 does not allow denial of attached units so long as their design and construction allow them to be “separately conveyed,” i.e., sold separately as condominiums may be sold. New units created via the authority in SB 9 may be approved as condominiums if the applicant asks for that approval, but the application would need to meet state and local law concerning condominiums. A jurisdiction's regular condominium conversion process would also continue to apply.

OBJECTIVE STANDARDS

19. Can the applicant seek variances from zoning requirements? SB 9 provides that a local agency may apply its objective zoning standards so long as they do not physically preclude the construction of two units of at least 800 square feet each with four-foot setbacks (no setbacks are required if the unit is constructed in the same location and with the same dimensions as an existing structure). In that situation, the applicant does not need to apply for a variance.

However, if the applicant desires to construct a larger unit which does not meet the agency’s zoning standards, it could be denied under SB 9, or the applicant could apply 6 for a variance.

20. My understanding is that SB 330 requires only objective design standards for design standards adopted after Jan 1, 2020, is this the same for SB 9? SB 330 would apply to an SB 9 implementing ordinance, so any design standards adopted must be objective.

21. For purposes of a duplex, can jurisdictions adopt an objective standard that says the units have to be within, for example, 10 feet of each other? Yes, a city could adopt this as an objective standard. However, if the standard or requirement would physically preclude the construction of two units or the construction of a unit that is at least 800 square feet, then it cannot be applied to the specific project.

Also note that section 66411.7(k) provides that an urban lots split “shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.”

22. Is there a street frontage or lot width requirement for ministerial lot splits? SB 9 does not contain street frontage or lot width requirements. A local agency may apply an objective frontage or lot width requirement. It must, however, allow lot splits that create lots that are at least 1,200 square feet each where both lots are of approximately equal size. This likely means that the local agency may not be able to apply its minimum lot dimensions or frontage requirements to some urban lot splits.

23. Is the 4-foot setback provision similar to that for ADUs? Yes. A local agency cannot impose a rear or side setback greater than 4 feet, or less if a structure is in the same location and with the same dimensions as an existing structure.

24. Does the right of way dedication provision require cities to allow for flag lots, provided they meet the 60-40 split?
The agency may require the parcel to have access to, provide access to, or adjoin a public right of way but must allow the lot split. Where a parcel does not front on a public right of way, the options are to allow a flag lot or to provide access to the public right-of-way via an easement through the other lot.

25. Could a jurisdiction define "sufficient to allow separate conveyance" to require separate HVAC systems and separate water connection to meet Title 24 requirements?
7 Yes. Title 24 is a state law requirement. Therefore, compliance can be mandated assuming that Title 24 requires separate HVAC systems and water connections for units that are separately conveyed.

26. If a jurisdiction doesn't require "dedications" but a property owner wants to put in some improvements in the right-of-way, could the jurisdiction require that those meet the jurisdiction’s standards for right of way improvements? If an applicant includes improvements to the public right of way in its SB 9 application, the jurisdiction can require that those improvements meet objective agency standards.

27. Does the requirement for one parking space/unit supersede other local minimum parking requirements? For example, if local parking standards require two covered spaces per residential unit and additional parking spaces tied to additional bedrooms.

Yes, SB 9 supersedes local standards. A local agency "may require" off-street parking of up to one space per unit, and "shall not impose" parking requirements where the parcel is located within one-half mile walking distance of either a high-quality transit corridor or major transit stop, or where there is a car share vehicle located within one block of the parcel.

28. Can a jurisdiction impose affordability requirements on units created via SB 9? There is nothing in the statute that would prohibit the imposition of objective affordability requirements. However, agencies should examine the economic feasibility of any affordability requirements to ensure that urban lot splits and two-unit developments remain economically feasible.

29. Can a local jurisdiction impose conditions of approval on an SB 9 project? A jurisdiction may impose standard objective conditions of approval on an SB 9 project.

FIRE/INFRASTRUCTURE CHALLENGES

30. Is it true that SB 9 cannot be used in high fire hazard severity zones? No. SB 9 provides that any proposed two-unit development or urban lot split must comply with the requirements of Government Code § 65913.4(a)(6)(D), which excludes projects in high or very high fire hazard severity zones, unless either: (1) the site was excluded from the zone by the jurisdiction; or (2) the site has adopted fire hazard mitigation measures “pursuant to existing building standards or state fire mitigation measures applicable to the development.” “Fire hazard mitigation measures” and “state 8 fire mitigation measures” are not defined. A local ordinance could specify which “building standards” apply or reference the appropriate “state fire mitigation measures.”
An agency may also reject SB 9 proposals on a case-by-case basis where the local building official makes a written finding that the project would have a specific, adverse impact on public health and safety or the physical environment, based on inconsistency with an objective standard, and there is no feasible method to satisfactorily mitigate or avoid the impact.

31. X County has some areas that are identified as "urban" or "urban clusters" and could be a qualifying parcel under SB9. However, those areas do not have access to water or sewer connections and may have to expand an existing leach field and utilize other water sources. If the applicant cannot demonstrate that they can build what's allowed under SB9 with a wastewater treatment system and water source that meets Environmental Health Codes, would the County be able to deny them their application?
Yes. In this scenario, the county could deny the application because it would not meet objective standards. The building official could also likely make a finding that the project would have a specific, adverse impact on public health and safety or the physical environment and that there is no feasible method to satisfactorily mitigate or avoid specific impact.

32. If a jurisdiction has substandard existing sewer infrastructure, can those areas of the jurisdiction be excluded from SB 9 applicability?
The local agency likely could not outright exclude those areas from SB 9 applicability.

However, if projects are proposed in these areas, the local building official could deny the application if it would have a specific, adverse impact on public health and safety or the physical environment, by violating an existing objective standard, with no feasible method to satisfactorily mitigate or avoid the impact.

33. Can a jurisdiction prohibit someone from creating a new unit in an existing structure that would be below the Base Flood Elevation?
To qualify for ministerial approval, SB 9 provides that an applicant must comply with all the requirements in Government Code §§ 65913.4(a)(6)(B)-(K). Subparagraphs (G) and (H) exclude development within a flood plain or floodway, respectively, as those sites are determined by maps promulgated by FEMA. However, subparagraphs (G) and (H) also allow development in a flood plain where FEMA has issued a flood plain 9 development permit or meet FEMA criteria and allow development in a floodway where a no-rise certification has been issued or the project otherwise meets FEMA criteria. If these mitigation requirements are met, then it may be possible for the new unit to be built below Base Flood Elevation. Agencies should refer to the text of the statute.

URBAN LOT SPLITS

34. Would the "sufficient to allow separate conveyance" provision allow someone to build an attached duplex but then sell them as two separate lots with their own yard? "Sufficient to allow separate conveyance" is not defined in the statute. However, “separate conveyance” means that the units can be sold separately. This phrase would seem to require that each unit be built to condominium standards so that they can be sold separately if the local agency approves a condominium application. Agencies may wish to define this in their local ordinances.

35. Should agencies record a deed restriction stating that the lot has been split using SB9 and cannot be split further?
This is not specifically addressed by SB 9. Two possibilities are a recorded deed restriction and a notation on the approved parcel map. It would be good practice for local agencies to include such a requirement in their implementing ordinances.

REPORTING REQUIREMENTS/HOUSING ELEMENT

36. How do jurisdictions account for SB 9 in Housing Elements? SB 9 requires jurisdictions to report (1) the number of units constructed pursuant to SB 9 and (2) the number of applications for parcel maps for urban lot splits under SB 9 in their annual housing element report. SB 9 itself does not include any reference to housing elements. The HCD TA memo may provide some guidance on how to project SB 9 development in a community’s housing element.

37. What can be included in a sites inventory?
There is nothing in SB 9 that prohibits a jurisdiction from using SB 9-eligible parcels in their sites inventory, but there would be limited history to project how many units might be built and what income levels might be served.

38. Could cities use the Terner Center’s findings to project above moderate- and moderate-income housing in their Housing Elements?
This may be a reasonable approach. It is not known if HCD will accept it, however.

AGENDA ITEM NO. : 14
650PUBLIC HEARING BELVEDERE CITY COUNCIL
DECEMBER 12, 2022
To: Mayor and City Council
From: Robert Zadnik, City Manager
Reviewed by: Amy Ackerman, City Attorney
Subject: Adopt Resolution Amending the City’s Master Schedule of Fees, Charges & Application Fees
Recommendation

1. Conduct the public hearing.

2. Adopt the attached resolution approving changes to the City’s Master Schedule of Fees, Charges and Application Fees.

Background
City Council, through the recommendation of the Construction Impacts Committee, directed staff to modify the City’s Master Schedule of Fees related to encroachment permits and road closures. These changes were based on the Committee’s findings and are intended to better align Belvedere’s fee structure with neighboring jurisdictions, while at the same time encouraging more efficient use of public resources. The following recommendations were developed through a collaborative public process involving residents, City Council, and private construction firms.

Additional fee changes including a “grading” fee, short duration roadway encroachment fee, inflation-based annual escalator, and modification to the Road Impact Fee calculation require fee studies or further analysis.

The City’s Master Fee Schedule reflects fees charged by all City departments. Council last approved an adjustment to the City’s fee schedule in August 2022.

Findings
The City may impose a fee for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, and enforcement. (Cal.

Const. Art. 13C, § 1.) The California Mitigation Fee Act allows the City to impose fees as a condition of approval of a development project, provided there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. (See Govt. Code § 66000 et seq.). The Constitution also authorizes a city to impose a charge for entrance to or use of local government property, or the purchase, rental, or lease of local Only Public Works Departments fees are shown, as no other fees are affected by this change. Proposed Current as of October 2022 N/C = No Change
Item/Purpose Fee Fee
Building Department
Building Permits based on project valuation and two (2) times the following fee schedule: N/C
$1 to $500 valuation $23.50 N/C
$501 to $2,000 valuation
$23.50 for 1st $500 plus $3.05 for each add'l
$100 or fraction thereof, to and including
$2,000 N/C
$2,001 to $25,000 valuation
$69.25 for 1st $2,000 plus $14 for each add'l
$1,000 or fraction thereof, to and including
$25,000 N/C
$25,001 to $50,000 valuation
$391.75 for 1st $25,000 plus $10.10 for each
add'l $1,000 or fraction thereof, to and
including $50,000 N/C
$50,001 to $100,000 valuation
$643.75 for 1st $50,000 plus $7 for each
add'l $1,000 or fraction thereof, to and
including $100,000 N/C
$100,001 to $500,000 valuation
$993.75 for 1st $100,000 plus $5.60 for each
add'l $1,000 or fraction thereof, to and
including $500,000 N/C
$500,001 to $1,000,000 valuation
$3,233.75 for 1st $500,000 plus $4.75 for
each add'l $1,000 or fraction thereof, to and
including $1,000,000 N/C
$1,000,001 and up valuation $5,608.75 for 1st $1,000,000 plus $3.65 for each add'l $1,000 or fraction thereof N/C
Building Permit - Plan Check 65% of permit cost N/C
Retroactive - Building Permit Up to 5X total permit cost N/C Building Permit - Reinstatement (expired 1-180 days) 1/2 building permit fee N/C Building Permit - Final Approval Only (expired 1-180 days) $150 N/C Hourly Rates for Inspections, Plan Reviews, Re-Inspections Not Listed $85 N/C Administrative Charge for Outside Services, including plan review charges not covered under normal plan review fee Cost + 25% N/C
Building Permit Tracking/Technology Fee - Valuation =/> $5,000 $25 N/C Building Permit Tracking/Technology Fee - Valuation < $5,000 $15 N/C Building Department (continued)
Plumbing Permits
Plumbing Permit $55 N/C
Water Heater $85 N/C
Each Fixture & Vent $25 N/C
Building Internal Rain Water Systems $85 N/C
Site Drainage System, including 2 retaining wall back drains $45 N/C Site Drainage System, including more than 2 retaining wall back drains $85 N/C Potable Water Piping System, System Repairs & Additions <500 SF $45 N/C Potable Water Piping System, Additions =/>500 SF $90 N/C Potable Water Piping System, New Residential Structures $170 N/C Gas Piping Systems, each internal branch or outlet $25 N/C Backflow Protection Device or Landscape Irrigation System $85 N/C Swimming Pools $170 N/C
Site Built Spas $85 N/C
Retroactive Plumbing Permit Up to 5X total permit cost N/C Hourly Rates for Inspections, Plan Reviews, Re-Inspections Not Listed $85 N/C Plumbing Permit Tracking/Technology Fee $15 N/C
Mechanical Permits
Mechanical Permit $55 N/C
Furnace $85 N/C
Miscellaneous heating appliance, including internal gas fireplace $45 N/C Exterior site built gas barbecue or fireplace $45 N/C
Residential boiler $85 N/C
Air conditioning unit $45 N/C
Residential kitchen hood $45 N/C
Each ventilation and/or exhaust fan $15 N/C
Duct Work $45 N/C
Retroactive mechanical permit Up to 5X total permit cost N/C Hourly rates for inspections, plan reviews, reinspections not listed $85 N/C Mechanical Permit Tracking/Technology Fee $15 N/C
Elevator Permits (Interior or Hillside)
Elevator Permit Issuance $170 N/C
Elevator Permit Tracking/Technology Fee $15 N/C
Electrical Permits
Electrical Permit Issuance $55 N/C
Fixtures, switches or receptacles, when counted individually for repairs or addition <500 SF $3.50 each N/C
Fixtures, switches or receptacles or additions =/>500 SF and new structures, when calculated by floor area $0.12 per SF N/C
New services and/or main panel $85 N/C
Each sub-panel $45 N/C
Swimming Pool Electrical $130 N/C
Saunas, including heater $85 N/C
Appliances, non-cord connected $45 N/C
Proposed for FY2022-23
Master Schedule of Fees, Charges & Application Fees
Resolution No. 2022-xx
1 of 2
ATTACHMENT 2
Only Buiding and Public Works Departments fees are shown, as no other fees are affected by this change. Proposed Current as of October 2022 N/C = No Change
Item/Purpose Fee Fee
Proposed for FY2022-23
Master Schedule of Fees, Charges & Application Fees
Resolution No. 2022-xx
Signs $45 N/C
Motors, when counted individually $15 N/C
Miscellaneous apparatus, conduits & conductors, when counted individually $25 N/C Temporary Power $85 N/C
Solar Photovoltaic Systems <5 kw $85 N/C
Solar Photovoltaic Systems =/>5 kw $170 N/C
Permanent auxiliary generator $170 N/C
Retroactive Electrical Permit Up to 5x total permit cost N/C Hourly rates for inspections, plan reviews, reinspections not listed $85 N/C Electrical Permit Tracking/Technology Fee $15 N/C
Building Department (continued)
Other Miscellaneous Building Fees
Road Impact Fee .0075 of total valuation N/C
Construction Timeline Extension Application $1,000 N/C
Deposit for extension of landscaping completion time limit by 90 days. 1% of total project valuation, not to exceed $200,000 N/C
N/C
N/C
Construction Timeline Penalty Appeal $400 N/C
Appeal of decisions made by the Building Official regarding the City's construction and demolition debris diversion ordinance. $400 N/C
Residential Building Report $300 N/C
Charge RUSD for referrals of addition to residential square footage $30/referral N/C N/C
N/C
Appeal of Building Official determination to Local Appeals Board $400 N/C Strong Motion Instrumentation & Seismic Hazard Mapping (SMIP) Fee Project valuation x 0.00013 N/C California Building Standards Administration (CABSA) Fee N/C Up to $25,000 $1 N/C
$25,001 - $50,000 $2 N/C
$50,001 - $75,000 $3 N/C
$75,001 - $100,000 $4 N/C
$100,000 and up Add $1 for every $25,000 N/C
Change of Contractor, Engineer, Property Owner, or other permit changes requiring additional administrative staff time $50 N/C
Re-issuance of Construction related parking permits $50 N/C Public Works Department
Encroachment permit - 1 day $53 $260
Encroachment permit - 1 week $105 $650
Encroachment permit penalty $105 N/C
Road Closure - 4 hours maximum $245 $490
Road Closure - 8 hours maximum $489 $990
Road Closure - Signs (per sign) $25 N/C
Road Closure - Re-Noticing Fee $53 N/C
Road Closure - Sign Removal Deposit (per sign) $26 N/C
No Parking Signs (per sign) $2 N/C
Hazardous Tree Evaluation (plus costs) $105 N/C
Public Works Inspection (per hour) $49 N/C
Lane Abandonment (Lane Vacation) $1,313 N/C
Parcel Map $788 N/C
Boundary Line Adjustment (fee waived if requested by City) $525 N/C Slurry Seal Fee $0.65/sq. ft. N/C
Electric Vehicle Charging Station Fee $0.25/kWh N/C
Electric Vehicle Idling Fee $1.00 per 15 minutes; $50 maximum fee N/C Dredging Permit Application fee: $1,000. Permit issurance fee: 2X Building Permit fee schedule, based
Partial fee wavier for building permits, electrical permits, plumbing permits and mechanical permits for buildings holding historic preservation status 50% to max of $10,000 2 of 2
Encroachment permit - half day (4 hours maximum) N/A $53

BELVEDERE CITY COUNCIL
DECEMBER 12, 2022

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government property, without imposing conditions on calculating the charges. (Cal. Const. Art. 13C, § 1.) Encroachment permits and road closures authorize the permittee to use City property in a way that prevents, alters, or interferes with its normal use. (See Belvedere Muni. Code §

13.04.010.) Accordingly, the City may increase fees for encroachment permits and road closures.

The City maintains and publishes a Master Fee Schedule that provides for such fees to be charged for various local government services. The following amendments are recommended for Council consideration, and the proposed updated Master Schedule is attached.

Public Works Fees:

Current Proposed
• Encroachment Permit Fee (Half Day) N/A $53.00
• Encroachment Permit Fee (Full Day). $53.00 $260.00
• Encroachment Permit Fee (Weeklong) $105.00 $650.00
• Road Closure Fee (Half Day) $245.00 $490.00
• Road Closure Fee (Full Day) $489.00 $990.00
Fiscal Impact
Since the proposed fee changes are anticipated to reduce the overall number of road closes and full-day encroachment permit requests, it is difficult to estimate the amount of additional fees, if any, that will be generated from this change. Staff will return to Council with an analysis of the fiscal impact once six months has elapsed from the effective date of the new fees.

Environmental Review
The fees authorized by the resolution are statutorily exempt from the California Environmental Review Act (“CEQA”) per CEQA Guideline section 15273 as they are for the purposes of meeting operating expenses; and categorically exempt under the “common sense” exemption, CEQA Guideline section 14061 because it can be seen with certainty that it will not have a significant adverse effect on the environment.

Recommendation
Staff recommends that the Council Amend the Master Schedule of Fees, Charges and Application Fees by conducting a Public Hearing and adopting the attached resolution.

Attachments
Attachment 1: Resolution
Attachment 2: Master Schedule of Fees – Proposed Amendments December 10, 2022
TO: Belvedere City Council
FROM: Linda Bine/339 San Rafael Avenue
RE: City Council Resolution 2022-56 on the December 12, 2022 agenda I strongly urge you not to adopt Resolution 2022-56 as written.

1. It is unclear from the City of Belvedere website under what conditions an encroachment permit is required. Therefore, before changing the fee structure, I urge you be transparent and specific about exactly when such permits are required and when they are not.

The online application for an encroachment permit simply says, “Most work taking place on, adjacent to, or abutting City streets and sidewalks, i.e., driveways, walls, fences, and plantings, requires an Encroachment Permit from the Public Works or City Engineer.” This language is so vague that it could, presumably, apply to a resident who is pulling weeds in their garden that happens to be adjacent to a Belvedere street or sidewalk. The only clarity comes in the sentence, “All Debris Boxes Require Encroachment Permits.” I did my best to decipher the municipal code (13.04.020) referenced on the encroachment permit application, but found it even more obtuse.

2. The resolution is unlikely to meet the stated goal of reducing the number and scope of encroachments and road closures that inconvenience Belvedere residents. Increased permit costs will not create an incentive for building contractors to reduce the number of encroachments or road closures. I know from experience that these fees aren’t shouldered by the contractor, but are simply passed on to their client - the homeowner.

3. Increasing the fees for one-day and one-week encroachment permits by five and six times, respectively, seems excessive. As a result, it is likely that some Belvedere residents will simply choose to not obtain permits for small projects they believe will go unnoticed. Therefore, if it turns out that there are fewer encroachment permits issued in 2023 than in previous years, it might be the result of this type of avoidance, rather than an actual decrease in the number and scope of encroachments.

4. If after clarifying the requirements for these permits, you still feel compelled to increase the fees, please heed the Construction Impact Committee’s finding that large projects (over $500,000) account for the majority of road encroachments and closures in Belvedere. Based on their finding, substantially increasing fees for such large projects would generate additional income for the City. And by maintaining the current fees for smaller projects, you would continue to garner the same revenue from that source. Such a two-tiered approach to encroachment and road closure fees would not only create a net total increase in income for the City, but would also demonstrate that City Council has a profound and nuanced understanding of the issues involved.

Thank you for your consideration.

From: Leticia Miguel - City Clerk
To: Harrison Tregenza - City Clerk
Subject: Fwd: Public Comment for City Council Meeting 12.12.22 Date: Monday, December 12, 2022 7:14:05 AM
Attachments: Resolution 2022-56.Encroachment Permits 12.12.22.docx Begin forwarded message:

From: Linda Bine <[email protected]>
Date: December 11, 2022 at 9:51:03 AM PST
To: Leticia Miguel - City Clerk <[email protected]> Subject: Public Comment for City Council Meeting 12.12.22 Hello,
Attached is a document with my comments regarding item #14 on the City Council Agenda relating to Resolution #2022.56, which is also referred to in the agenda as #2022.60, related to increasing fees for encroachment and road closure permits.

Please provide it to the members of the City Council prior to the meeting on 12.12.22.

Thank you,
Linda Bine
339 San Rafael Avenue
Attachment 1

CITY OF BELVEDERE
RESOLUTION NO. 2022-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE AMENDING THE CITY’S MASTER SCHEDULE OF

FEES, CHARGES, AND APPLICATION FEES
WHEREAS, City of Belvedere staff have recommended amendments to the City’s Master Schedule of Fees, Charges and Application fees, as set forth in Exhibit “A” attached hereto (the “Fee Schedule”); and
WHEREAS, on November 14, 2022, the Belvedere City Council held a duly-noticed public hearing on the proposed changes to its Fee Schedule; and WHEREAS, the City Council finds that the Fee Schedule changes are categorically exempt from the California Environmental Quality At (“CEQA”) under CEQA Guideline section 15061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there is no possibility of a significant adverse environmental effect.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belvedere as follows:

1. The City’s Master Schedule of Fees, Charges and Application Fees, as amended (Attachment 2), is adopted.

2. In accordance with the California Government Code, this resolution shall become effective sixty days after the date of its adoption.

PASSED AND ADOPTED at a regular meeting of the Belvedere City Council on December 12, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
, Mayor
ATTEST:

Leticia Miguel, City Clerk
AGENDA ITEM NO. : 15

STAFF REPORT BELVEDERE CITY COUNCIL
December 12, 2022
To: Mayor and City Council
From: Robert Zadnik, City Manager
Amy Ackerman, City Attorney
Subject: Adopt Resolution Amending the Administrative Policy Manual Policy No. 5.2 City Council Operations
Recommendation

1. Adopt the attached resolution approving changes to the City’s Administrative Policy Manual Policy No. 5.2 City Council Operations.

Background
City Council and the City Manager requested changes to Policy No. 5.2 City Council Operations to conform to changes in the Ralph M. Brown Act (“Brown Act”), Government Code section 54950 et seq., make Council practices more efficient, remove outdated practices, use Rosenberg’s Rules of Order (attached) instead of Robert’s Rules of Order, and reorder text to make the Rules easier to use.

Discussion/Analysis
The Revised Policy 5.2 amends the existing Policy as follows:
• Reorders and groups sections to make provisions easier to find and make the Policy more user-friendly.
• Updates existing sections to reflect changes in state law since the Policy was last amended.
• To enhance the efficiency of meetings, the Order of Business is revised as follows (Section 5.2.3.2):
o Call to Order
o Pledge of Allegiance
o Presentations
o City Council Reports
o City Manager Reports
o Commission and Committee Reports
o Consent Calendar

BELVEDERE CITY COUNCIL
December 12, 2022

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o Continued Public Hearings
o New Public Hearings
o Other Scheduled Items
o Items from Members
o Open Forum
o Adjournment
• Adds a Consent Calendar section. (Section 5.2.3.3.) This section codifies current Council practice of using a consent calendar. To improve efficiency, Council will take all public comment related to the Consent Calendar upon calling of the item rather than requiring items to be removed in order to take public comment.
• Codifies current Council practice for the procedures for taking action on agenda items. (Section 5.2.4.4.)
• Codifies current Council practice for conducting appeals from the Planning Commission, administrative penalties, and similar hearings to ensure the process comports with due process and fair hearing requirements. (Section 5.2.4.5.) • Removes outdated motion practices and replaces them with general motion practice, motions to reconsider, and use of Rosenberg’s Rules of Order. (Sections 5.2.4.7-5.2.4.9.) • Clarifies quorum, action and voting requirements. (Section 5.2.5.) • Updates and clarifies Public Comment requirements. (Sections 5.2.6.1-5.2.6.3.) Adds a rule that a speaker may cede their time to another speaker, provided that no speaker may speak for more than six minutes in total.
• Adds a new section on Disruption of Meetings. The Legislature amended the Brown Act, effective January 1, 2023, adding Government Code section 54957.5, which codified case law providing for removal of disruptive person. This section incorporates the requirements of section 54957.5.
• Sections 5.2.7 (Ordinances and Resolutions) and 5.2.8 (Additional City Council duties) remain unchanged, other than being reordered and renumbered.

Fiscal Impact
The adoption of the resolution and amendments to Policy 5.2 are unlikely to have any financial impact.

Environmental Review
The adoption of the resolution and amendment of Policy 5.2 are exempt from the California Environmental Review Act (“CEQA”) per 14 C.C.R. § 15061 (b)(3), under the “common sense”

BELVEDERE CITY COUNCIL
December 12, 2022

Page 3 ends

exemption, because it can be seen with certainty that it will not have a significant adverse effect on the environment.

Recommendation
Staff recommends that the Council adopt the Resolution to Amend Policy No. 5.2 City Council Operations.

Attachments
Attachment 1: Resolution
Attachment 2: Policy No. 5.2
Attachment 3: Rosenberg’s Rules of Order
Part 5 5-4 Policy 5.2
CITY OF BELVEDERE – ADMINISTRATIVE POLICY MANUAL
POLICY 5.2

CITY COUNCIL OPERATIONS
Adoption Date: 1/10/2006 Adopted by: City Council motion Revised Date: 3/11/2019
12/12/2022
Revised by: City Council Resolution No. 2019-04
City Council Resolution No. 2022-XX
Authority: City Council

5.2.1 PURPOSE & AUTHORITY
Pursuant to Government Code section 36813, the City Council of the City of Belvedere adopts these rules of procedure for its meetings.

5.2.2 Types of Meetings, Cancellations

5.2.2.1. Regular Meetings
Regular meetings of the City Council shall be held on the second Monday in each calendar month at 6:30 p.m. All regular meetings of the City Council shall be held at the Belvedere City Hall, 450 San Rafael Avenue, Belvedere, CA 94920-2336.

5.2.2.2. Special Meetings
Special meetings may be called at any time by the Mayor or by determination of the majority of the City Council. Written notice must be received at least twenty-four (24) hours in advance of the meeting. Written notice must be provided to all members of the City Council and to all newspapers, radio stations, television stations, or other media who have previously requested notice of special meetings. Notice must also be posted at least twenty-four (24) hours in advance on the City bulletin board at the entrance to City Hall and on the City’s website. (Govt. Code § 54956.)

5.2.2.3. Emergency Meetings in Emergency Situations
An emergency meeting may be called by the Mayor or by a majority of the City Council, with less than twenty-four (24) hour notice, if:
• There is an emergency, such as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the City Council; or
• There is a dire emergency, such as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses a peril so immediate and significant that Part 5 5-5 Policy 5.2
requiring the City Council to provide one-hour notice before holding a special emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the City Council.

Each local newspaper of general circulation and radio or television station that has requested notice of special meetings shall be notified at least one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the City Council is notified of the emergency meeting. This notice must be provided by telephone.

In the event there is no telephone service, the City shall notify those newspapers, radio stations, or television stations of the special emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (Govt. Code § 54956.5.)

5.2.2.4 Workshops, Study Sessions/Retreats
From time to time, the Council will hold workshops or field trips at a time and place to be designated by the Presiding Officer. Study sessions or field trips shall be considered meetings and shall be duly noticed and open to the public.

5.2.2.5 Closed Sessions
The Council may hold closed sessions at the start or end of the meeting as permitted under state law.

5.2.2.6 Adjourned Meetings
The City Council may adjourn any regular or special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. A copy of the order or notice of adjournment shall be conspicuously posted on the City Hall chambers within twenty-four (24) hours after the time of adjournment.

When a regular meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the time at which the adjourned meeting is to be held, it shall be held at the time specified for regular meetings. (Govt. Code § 54955.)

5.2.2.7 Cancellation of Meetings
Any meeting may be cancelled in advance by a majority vote of the City Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of the members have confirmed in writing their unavailability. The Clerk shall post notices of cancellation at the location designated in Municipal Code section 1.08 and on the City’s website.

5.2.3 Agendas, Order of Business, Consent Calendar, and Minutes

5.2.3.1 Agenda Preparation and Posting
Part 5 5-6 Policy 5.2
The City Clerk, under the supervision of the City Manager, prepares and posts the agenda and available related documents no later than 72 hours before a regular meeting and 24 hours before a special meeting. Any public document related to an agenda item that is distributed less than 72 hours prior to the meeting shall be posted on the City’s website in a manner that makes it clear that the document relates to an agenda item. The Clerk shall post the agenda and documents as designated in Municipal Code section 1.08 and on the City’s website. (Govt. Code § 54957.5.)
The Clerk will endeavor to post a complete copy of such agenda, together with supporting materials, by The Wednesday preceding regular City Council meetings.

5.2.3.2. Order of Business
The Clerk shall set the agenda in accordance with the following order of business; however, such order may be modified by the Presiding Officer at the meeting to facilitate the conduct of the meeting.

Call to Order
Pledge of Allegiance
Presentations
City Council Reports
City Manager Reports
Commission and Committee Reports
Consent Calendar
Continued Public Hearings
New Public Hearings
Other Scheduled Items
Items from Members
Open Forum
Adjournment

5.2.3.3 Consent Calendar
The Consent Calendar consists of items that the City Council considers to be routine, or the City Council has discussed previously and do not require further discussion. The public may provide public comment on any of the Consent Calendar items at the time the Consent Calendar is called. After public comment, any member of the City Council or City staff may remove an item from the Consent Calendar. The City Council may approve the Consent Calendar items that have not been removed by one motion. Items removed from the Consent Calendar will be considered in the sequence as they appear on the agenda.

5.2.3.4 Preparation and Adoption of Minutes
The minutes of the City Council shall be kept by the City Clerk. The minutes shall be a record of such business passed by a vote of the City Council, the vote of each member on Part 5 5-7 Policy 5.2
each item, and at the direction of the City Council, may include a summary of Council Member remarks and those of any person addressing the City Council. Nothing may be added to the minutes; except that they may be amended by a majority vote of the City Council members to correctly reflect the business of the City Council at such meeting.

5.2.4 Conduct of City Council Meetings

5.2.4.1 Presiding Officer
The Mayor is the presiding officer at meetings. In the event of the Mayor’s absence, the Vice-Mayor serves as the presiding officer. If the Mayor or Vice-Mayor are absent, the remaining members may select a presiding officer in their absence. The Presiding Officer shall call the meeting to order, preserve strict order and decorum at all meetings of the City Council, state questions coming before the City Council, announce its decision on all subjects and decide all questions of order; subject, however, to an appeal to the City Council as a whole, in which event a majority vote of the City Council members present shall govern and conclusively determine such question of order. The Presiding Officer shall vote on all questions, and on roll call, the Presiding Officer shall be called last.

5.2.4.2 Council Decorum
While the City Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceeding or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the City Council or the presiding officer, except as otherwise herein provided.

5.2.4.3. Roll Call
Before proceeding with the business of the City Council, the City Clerk shall call the roll of the Council Members.

5.2.4.4. Procedures for Board Action on Agenda Items.

1. The presiding officer shall call the item.

2. The staff will provide a report on the item.

3. The Presiding Officer shall take entertain questions from Councilmembers to staff or an invited expert.

4. The presiding officer shall then take public comment.

5. If the item is an action item, the Presiding Officer shall take a motion and a second on the item.

6. The City Council deliberates and votes on the motion.

5.2.4.5 Public Hearings
Part 5 5-8 Policy 5.2
Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner. The Presiding Officer shall open the public hearing. The Presiding Officer shall request that staff present the staff report and any other relevant evidence, take public comment, allow members of the Council to ask questions of the speakers.

The Presiding Officer shall then close the public hearing on the matter.

When the Council sits in a quasi-judicial capacity to hear appeals from the Planning Commission, or from persons seeking review of administrative citations, or on other similar issues, the City Council will hear the matter according to the following order of business:

1. Councilmember disclosure of any ex parte communications

2. Staff presents report and Council asks questions of staff

3. Presiding Officer opens the public portion of the hearing 4a. Presentation by appellant
4b. Presentation by applicant (if different from the applicant)

5. Council asks questions of appellant, applicant and/or staff

6. Public comment
7a. Rebuttal by applicant
7b. Rebuttal by appellant

8. Final Council questions of applicant and appellant

9. Final Council questions of staff

10. Close public portion of hearing

11. Council discussions, deliberation and takes action by adopting findings and motion(s)
The Presiding Officer may set reasonable time limits on the presentations and rebuttals but the applicants and appellants shall not be limited to three minutes. Applicants and appellants may submit written evidence or remarks. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record.

5.2.4.6 Continuance of Hearings
Any hearing being held or noticed or ordered to be held by the City Council at any meeting may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meetings at which the order or notice of continuance was adopted or made.

5.2.4.7 Motions
The Presiding Officer or any Councilmember may bring a matter of business before the City Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for debate by offering the first opportunity to debate to the Part 5 5-9 Policy 5.2
moving party and thereafter, to any Councilmember properly recognized by the Presiding Officer. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided however, Council Members may be allowed to explain their vote.

5.2.4.8 Motions to Reconsider
A motion to reconsider can only be made at the meeting during which the main motion was approved, or at the next regular or special meeting immediately following the meeting at which the main motion was approved. In order to make the motion to reconsider a previous motion, the Councilmember must have actually voted (not abstained) on the prevailing side (either for or against) when the question was first considered.

5.2.4.9 Rosenberg’s Rules of Order
In the absence of a rule herein to govern the proceedings of the City Council, the latest edition of “Rosenberg’s Rules of Order” shall govern the proceedings of the City Council. in all cases, unless they are in conflict with these rules in which case these rules shall govern. However, no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow these rules of order.

5.2.4.10 Suspension of Rules
Any provision of these rules not governed by the Municipal Code or State Law may be temporarily suspended by motion with the affirmative vote of a majority of the Council.

5.2.5 Quorum and Voting

5.2.5.1 Quorum
A majority of the members of the Council shall constitute a quorum for the transaction of business, except a Councilmember who recuses themselves based on a conflict of interest shall not be counted towards the establishment of a quorum unless that Councilmember’s participation is legally required for the action of decision to be made.

5.2.5.2 Action Taken
Unless otherwise specified by law, an affirmative vote of at least three Councilmembers is required for the adoption of a motion, resolution, or ordinance. (Govt. Code § 54952.6.)

5.2.5.3 Voting
Every member of Council present shall vote for or against the measure or abstain. No Part 5 5-10 Policy 5.2
councilmember may abstain from unless the member has a potential conflict of interest as determined by the City Attorney or the abstention is approved by the unanimous vote of the remainder of the City Council present. If a Councilmember recuses themselves because of a potential conflict of interest, that Councilmember shall step down from the dais, refrain from any discussion on the item and shall not vote on the item.

5.2.6 Public Participation at Meetings

5.2.6.1 Public Comment on Agenda Items
The Council will take public comment on every item on the agenda, including the consent calendar, before or during consideration of the item. Speakers shall be limited to no more than three minutes per item.

5.2.6.2 Open Forum
During the “Open Forum” portion of the meeting, the Council will take public comment at each meeting on matters within its subject matter jurisdiction that are not on the agenda. Council may not take any action in response to public comment on matters not on the agenda, except members of Council or staff, if directed by the Presiding Officer, may briefly respond to statements or question posed by the speaker, or ask a question for clarification. A Councilmember or the Council may request staff to report back at a subsequent meeting concerning any matter or direct staff to place a matter of business on a future agenda.

5.2.6.3 Reasonable Regulations for Public Comment
(a) A member of the public wishing to address the Council shall wait to be recognized by the presiding officer.
(b) The Open Forum period shall be limited to no more than thirty (30) minutes for all speakers to be apportioned among all speakers who request time. The Presiding Officer may permit more time for Open Forum in her discretion.
(c) Each speaker wishing to address the Council may speak for no more than three (3) minutes per agenda item and no more than three (3) minutes during Open Forum time. A member of the public may cede their speaking time to another speaker, provided that no speaker may speak for more than six minutes in total.
(d) The Council will not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. The Council may

5.2.6.4 Disruption of Meetings
The Presiding Officer may exclude persons who disrupt a City Council meeting, as provided under this rule. Disruption means engaging in behavior during a meeting of the City Council that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to:

Part 5 5-11 Policy 5.2
• A failure to comply with the City Council’s rules regarding open forum and public comment; and
• Behavior that constitutes use of force or a true threat of force. A “true threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive to be an actual threat to use force by the person making the threat.

Before removing a person for failure to comply with this rule, the Presiding Officer must warn that person that the behavior is disrupting the meeting and that the failure to cease may result in removal. In addition to such a warning, the Presiding Officer should also consider other means to maintain order, such as turning off the microphone or calling a recess.

No warning is required to remove a person engaging in true threat of force.

5.2.7. Ordinances and Resolutions
All ordinances shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council or requested in writing by a member of the City Council or the City Manager or prepared on the City Attorney’s own initiative.

All ordinances, resolutions, and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney or the City Attorney’s authorized representative and shall have been examined and approved for the administration by the City Manager, or the City Manager’s authorized representative, where there are substantive matters of administration involved.

Ordinances, resolutions and other matters or subjects requiring action by the City Council shall be introduced and sponsored by a member of the City Council; except that the Mayor, City Manager or City Attorney may present ordinances, resolutions or other matters or subjects to the City Council, and any Council Member may assume sponsorship thereof by moving that such ordinances, resolutions or other matters or subjects be adopted; otherwise they shall not be considered.

5.2.8. Additional City Council Duties

5.2.8.1. City Council Members
The City Council of the City of Belvedere serves without compensation and is subject to Chapter 2.08 of the Belvedere Municipal Code.

5.2.8.2. City Council Reorganization
Annually, the City Council conducts a reorganization of the Mayor and Vice Mayor responsibilities. Nominations are made by the Council pursuant to a schedule of Part 5 5-12 Policy 5.2
proceedings prepared by the City Clerk.

Prior to the meeting at which the reorganization occurs, the City Manager shall prepare for the Mayor a list of the members of the Councilmembers showing where they are in the unofficial order of rotation that has traditionally been followed by the City Council.

5.2.8.3. Appointments and Reconfirmations
Annually, the City Council appoints members to the City’s various committees.

Before December 31 of each calendar year, the City Clerk shall cause to be posted in front of City Hall and the Belvedere-Tiburon Library a Local Appointments List that shall contain the following information: a list of all boards, committees and commissions whose members serve at the pleasure of the Council; the terms on each board, committee and commission that will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, and the date the appointee's term expires; and the necessary qualifications, if any, for the position.

In April of each calendar year, the City Clerk shall cause to be published in the local newspaper a list of pending vacancies with a request for all interested Belvedere residents to submit a letter of interest, preferably accompanied by a curriculum vitae. If a sitting incumbent is interested in continuing to serve in an appointive office, the incumbent shall be required to notify the City Clerk that he/she wishes to be considered for reappointment.

In May of each calendar year, and at any other time an unscheduled vacancy occurs, the City Council shall interview all interested candidates for appointive office and select qualified individuals to serve on the board, committee or commission for which they applied. Sitting incumbents and those who recently interviewed for that particular position shall be exempt from the interviewing rule.

Prior to any City Council meeting at which appointments are to be considered, the City Clerk shall give to the City Council a list of the incumbents, if any, who are reapplying and showing their years of service in that position. The Mayor shall contact the chair of the committee or board to discuss the current make-up of the membership and any needs the body may have.

The terms of all members of all boards, commissions, and committees who serve for a fixed term shall begin on either June 1 or July 1 and end on May 31 or June 30, depending upon which board, commission or committee they are appointed to. The terms of members appointed to fill unscheduled vacancies on such boards, commissions, and committees shall commence on the date they are appointed by the City Council, or in the case of the Planning Commission, on the date they take the oath of office.

In the event an unscheduled vacancy occurs in an appointive office prior to the expiration of a term of office, a special vacancy notice shall be posted in front of City Hall and the Belvedere- Tiburon Library. The City shall advertise the vacancy in the local newspaper Part 5 5-13 Policy 5.2
and solicit letters of interest in the same manner as above. In response, an applicant interested in being appointed to the position in question shall be required to submit a letter of interest with the accompanying curriculum vitae.

5.2.8.4.City Council Committees
Committees of the City Council are appointed by the Mayor annually to serve within assigned areas of responsibility for the purpose of gathering and studying information.

Citizens at large may be included to assist in carrying out a Committee’s charges. The majority vote of the City Council at a regular, adjourned or special Council meeting will be required for approval of Committee recommendations and/or for any specific Committee authority to carry out a task.

Appointments are typically made at the Annual City Council Goals meeting. City staff maintains a roster of Committees and Committee activities.

5.2.8.5 Adoption of Annual Operating Budget
Annually, the City Council reviews and approves an operating budget for the City of Belvedere. The fiscal year is from July 1 through June 30. The budget is typically adopted prior to June 30 of each year. The City Manager is responsible for preparation of the annual operating budget and presentation to the City Council.

5.2.8.6. Annual Town Meeting
The City Council and City Manager shall present a State of the City Address at the Annual Town Meeting to be held every January.

5.2.8.7. Appearances, Presentations and Proclamations
Periodically, the City Council will recognize members of the community, organizations, or entities that have contributed positively to the City of Belvedere through economic means, enhanced the quality of life, or by nature of their activities contributed to the positive outlook of the community. These recognitions are typically accomplished by appearance before the City Council and presenting the individuals with a certificate of recognition however, in the interest of timely recognition, the Mayor is authorized to execute and deliver certificates of recognition.

On occasion the City Council will adopt a proclamation of support or opposition regarding particular issues.

City staff will typically prepare all presentations and proclamations at the request of the City Council.

5.2.8.8. Use of City Letterhead
Part 5 5-14 Policy 5.2
In general, City staff produces all official correspondence by members of the City Council using City letterhead. Committee chairs are authorized to produce correspondence on City letterhead providing that the viewpoint represents a majority of the City Council, and a copy of the correspondence is provided to the City Clerk prior to distribution.

Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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Part 5 5-4 Policy 5.2
CITY OF BELVEDERE – ADMINISTRATIVE POLICY MANUAL
POLICY 5.2

5.2.1 PURPOSE & AUTHORITY
Pursuant to Government Code section 36813, the City Council of the City of Belvedere adopts these rules of procedure for its meetings.

5.2.2 Types of Meetings, Cancellations

5.2.2.5 Closed Sessions
The Council may hold closed sessions at the start or end of the meeting as permitted under state law.

5.2.3 Agendas, Order of Business, Consent Calendar, and Minutes

5.2.4 Conduct of City Council Meetings

5.2.4.3. Roll Call
Before proceeding with the business of the City Council, the City Clerk shall call the roll of the Council Members.

5.2.4.4. Procedures for Board Action on Agenda Items.

1. The presiding officer shall call the item.

2. The staff will provide a report on the item.

3. The Presiding Officer shall take entertain questions from Councilmembers to staff or an invited expert.

4. The presiding officer shall then take public comment.

5. If the item is an action item, the Presiding Officer shall take a motion and a second on the item.

6. The City Council deliberates and votes on the motion.

The Presiding Officer shall then close the public hearing on the matter.

1. Councilmember disclosure of any ex parte communications

2. Staff presents report and Council asks questions of staff

3. Presiding Officer opens the public portion of the hearing 4a. Presentation by appellant
4b. Presentation by applicant (if different from the applicant)

5. Council asks questions of appellant, applicant and/or staff

6. Public comment
7a. Rebuttal by applicant
7b. Rebuttal by appellant

8. Final Council questions of applicant and appellant

9. Final Council questions of staff

10. Close public portion of hearing

5.2.5 Quorum and Voting

5.2.6 Public Participation at Meetings

No warning is required to remove a person engaging in true threat of force.

5.2.8. Additional City Council Duties

5.2.8.1. City Council Members
The City Council of the City of Belvedere serves without compensation and is subject to Chapter 2.08 of the Belvedere Municipal Code.

5.2.8.3. Appointments and Reconfirmations
Annually, the City Council appoints members to the City’s various committees.

Appointments are typically made at the Annual City Council Goals meeting. City staff maintains a roster of Committees and Committee activities.

5.2.8.6. Annual Town Meeting
The City Council and City Manager shall present a State of the City Address at the Annual Town Meeting to be held every January.

On occasion the City Council will adopt a proclamation of support or opposition regarding particular issues.

City staff will typically prepare all presentations and proclamations at the request of the City Council.

CITY OF BELVEDERE
RESOLUTION NO. 2022-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE

ADOPTING A REVISION TO THE ADMINISTRATIVE POLICY MANUAL, POLICY NUMBER 5.2, CITY COUNCIL OPERATIONS
______________________________________________________________________ WHEREAS, the Legislature has made amendments to the Ralph M. Brown Act, which governs the meetings of local legislative bodies since the City Council last revised its Rules of Order; and WHEREAS, the City Council to update the Council Rules of Order to conform to the changes in the law; and
WHEREAS, the City Council seeks to make its meetings more efficient by ensuring its Rules of Order conform to current practices, reduce inefficiencies, and ensure transparency for the public and
WHEREAS, the City Council finds that adoption of this resolution and amendment of Policy 5.2 are exempt from the California Environmental Review Act (“CEQA”) per 14 C.C.R. § 15061 (b)(3), under the “common sense” exemption, because it can be seen with certainty that it will not have a significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belvedere The City Council adopts this Resolution and approves the amendments to Policy Number 5.2 of the City of Belvedere’s Administrative Policy Manual.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Belvedere on ___________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:___________________________
, Mayor
ATTEST:_______________________________
City Clerk
AGENDA ITEM NO. 16

OTHER SCHEDULED ITEMS BELVEDERE CITY COUNCIL
December 12, 2022
To: Mayor and City Council
From: Jason Wu, Chief of Police
Reviewed by: Robert Zadnik, City Manager
Subject: Pilot Program for the Marking and Identification of Aggressive Coyotes Recommended Motion/Item Description
Staff recommends that City Council approve the pilot program allowing the Belvedere Police Department to use commercially available paintball markers and bright-colored paintballs to mark and identify aggressive coyotes.

Background
Coyotes are common throughout California and have called many urban and suburban communities their home, including Belvedere. Coyotes generally avoid people; however, with few natural threats, they have become accustomed to visiting areas where people and domestic animals are present. Due to availability of food and water, these animals have adjusted to living in populated areas. They are extremely smart and adapt quickly to changing conditions.

The Belvedere Police Department places the safety of its citizens and their pets as its highest priority. Throughout the fall and winter, staff have developed educational messaging and issued hazing kits while encouraging specific hazing methods. Officers are continuing to receive data and investigate reports from the public of coyote sightings and interactions. The objective in gathering this data is to share it with the State to promote proactive policies around the management of aggressive wildlife in dense urban settings.

Analysis
The Belvedere Police Department, following consultation with CA Department of Fish and Wildlife and Marin Humane, are proposing to implement a pilot program of using commercially available paintball markers and bright-colored, marker rounds to mark and identify aggressive coyotes that are behaving outside of acceptable behavior. This program would be implemented on a trial basis and will be considered at a later date as one component of a comprehensive wildlife management plan.

Definition/Purpose

OTHER SCHEDULED ITEMS BELVEDERE CITY COUNCIL
DECEMBER 12, 2022

Page 2 ends

Staff is currently developing a definition of aggressive, atypical coyote behavior which may include:
• Unresponsiveness to typical hazing techniques.
• Aggressively pursuing or attacking pets under the control of their owner. • Displaying unprovoked aggression toward a human.
• Aggressively pursuing or attacking a human.
• Exhibiting forms of predatory behavior towards humans that do not have a pet with them.
• Repeatedly disturbing or raiding human or high-use areas after mitigating measures have not deterred the coyote.

Equipment Type
• “Tippman Cronus” Paintball Marker delivering standard marker projectiles via compressed air.
• Bright colored water-soluble marker rounds, .68 caliber Procedures
• To be used only by Belvedere Police Department personnel to assist CA Department of Fish and Wildlife and Marin Humane in identifying aggressive coyotes.
• To be used when traditional hazing methods are not effective or, when necessary, based on the totality of the circumstances, to protect the public from danger. • Deploying Paintball Makers from a moving vehicle is prohibited. • Belvedere Police Department (BPD) personnel should always ensure a proper background exists before utilizing the paintball marker. • Personnel should avoid intentionally striking the head area of an animal. • An incident report shall be prepared whenever a coyote is tagged with the Paintball Marker. The report should include the reason for the deployment, location of the incident, the description of the coyote marked, and the status of the involved animal.

Fiscal Impact
There is minimal fiscal impact associated with the purchase of the equipment.

Recommendation & Alternatives
The City Council has the following alternative to consider:

OTHER SCHEDULED ITEMS BELVEDERE CITY COUNCIL
DECEMBER 12, 2022

Page 3 ends

1. Staff recommends that City Council approve the pilot program allowing the Belvedere Police Department to use commercially available paintball markers and bright-colored paintballs to mark and identify aggressive coyotes.

2. Do not approve the recommended pilot program.

3. Provide alternative direction to staff.

Attachments
None

CITY OF BELVEDERE
RESOLUTION NO. 2022-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE,

RECITING THE FACTS OF THE CONSOLIDATED MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT, AND SUCH OTHER MATTERS

AS PROVIDED BY LAW
________________________________________________________________________ WHEREAS, a Consolidated Municipal Election was held and conducted in the City of Belvedere, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of consolidated elections in general law cities; and
WHEREAS, pursuant to Resolution No. 2022-30, adopted June 13, 2022, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belvedere as follows:

SECTION 1. That the whole number of ballots cast in the City was 1304.

SECTION 2. That the names of the persons voted for at the election for Member of the City Council, Full Term were Peter E. Mark, Jane Cooper, Brian Davis, Richard N. Snyder, and that the names of the persons voted for at the election for Member of the City Council, Short Term were Sally Wilkinson and Carolyn Lund.

SECTION 3. That the measures voted upon at the election were as follows:

To advance public safety; strengthen infrastructure against earthquakes; support fire suppression; safeguard water, sewer and other utilities; secure evacuation routes; and provide other general services, shall the measure establishing Belvedere as a Charter City and enacting a real estate property transfer tax of $8 per $1,000 to be paid by buyers or sellers of real property, providing $1,600,000 annually, to end in 30 years or less, with audits and citizen oversight, benefiting Belvedere, be adopted?
YES
NO
SECTION 3. That the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure are as listed in Exhibit A, attached.

Resolution No. 2022-57
Belvedere City Council

Page 2 ends

SECTION 4. The City Council does declare and determine that: Peter E. Mark and Jane Cooper were elected as Members of the City Council for the full term of four years, and Sally Wilkinson was elected as a Member of the City Council for the short term of two years.

SECTION 5. The City Council does declare and determine that: As a result of the election, a simple majority of the voters on the measure (Measure D) did not vote in favor of the measure and that this measure did not pass.

SECTION 6. The City Clerk shall enter on the records of the City Council of the City a statement of the result of the election, showing: (a) The whole number of votes cast in the City; (b) The names of the persons voted for; (c) For what office each person was voted for; (d) The measures voted upon; (e) The number of votes given in the City’s single precinct to each person and for and against each measure.

SECTION 7. That the City Elections Official shall immediately sign and deliver to each of the persons so elected a Certificate of Election signed by the City Elections Official and authenticated.

That the City Elections Official shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Belvedere on December 12, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:________________________
Sally Wilkinson, Mayor
ATTEST:_____________________________
Leticia Miguel, City Clerk

CURRENT CITY COUNCIL COMMITTEE ASSIGNMENTS
Last Revised June 8, 2022
Entity & Position Assignee(s) Alternate Meetings
ABAG – Delegate & Alternate Kemnitzer NA Annual General Assembly –Spring Disaster Council Wilkinson NA As needed
Belvedere Committee to Protect Belvedere’s
Seawalls, Levees, and Utilities - Members
Lynch
Kemnitzer
Wilkinson As needed
Belvedere Finance Committee - Members Wilkinson Mark As needed Belvedere Historic Preservation Committee –
Council Representative
Campbell Lynch 4 times each year during the first
week of each fiscal quarter
Belvedere Parks, Open Spaces and Lanes
Committee – Council Representative
Campbell Lynch 4 times each year during the third
week of each fiscal quarter
Belvedere Traffic Safety Committee – Council
Representative
Lynch Kemnitzer As needed
Belvedere-Tiburon Chamber of Commerce –
Council Representative
Wilkinson NA Every 1st Wednesday 8 AM
Belvedere-Tiburon Joint Disaster Advisory
Council – Liaison to Council & Alternate
Thomas
Cromwell
Campbell As needed
Belvedere-Tiburon Joint Recreation Committee
– Voting Member
Wilkinson NA Odd months, 3d Mon ,7 PM
Belvedere-Tiburon Library Agency - Liaison Kemnitzer NA 3d Monday, 6:15 PM, Library Community Development Block Grant Priority
Setting Committee
Lynch NA As needed
League of California Cities – Voting Delegate
& Alternate
Kemnitzer Campbell Annual Conference – October
Marin Clean Energy (JPA) – Board Member &
Alternate
Wilkinson Lynch Every 1st Thursday 7 PM
781 Lincoln Ave #320., San Rafael
MCCMC – Disaster Preparedness Committee –
Member
Campbell Kemnitzer As needed
MCCMC – Homeless Committee – Member Campbell Mark As needed MCCMC – Legislative Committee - Member Kemnitzer NA Every 4th Monday 8 AM San Rafael City Hall
MCCMC – Sea Level Rise Committee
(Baywave) - Member
Kemnitzer Lynch As needed
MCCMC – Water Policy Committee Kemnitzer NA As needed
Richardson Bay Regional Agency (JPA) -
Board Member & Alternate
Lynch Mark Every 2nd Thursday 5:30 PM
Southern Marin Emergency Medical Paramedic
System (JPA) – Non-Voting Board Member
Thomas
Cromwell
NA As needed
Tiburon Peninsula Traffic Relief (JPA) Board
of Directors – Primary Directors (2)
Wilkinson
& McCaskill
Zadnik As needed
Transportation Authority of Marin JPA –
Board of Commissioners Member & Alternate
Campbell Kemnitzer Every 4th Thursday 7 PM
County Civic Center
Transportation Authority of Marin – Safe
Routes to School Program – Rep. to Belvedere
Campbell NA As needed

Belvedere City CouncilDecember 12, 2022

Belvedere City Council
December 12, 2022