HomeMy WebLinkAbout2021-07-26 e-packet@6:00Monday, July 26, 2021
6:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
HYBRID IN-PERSON/VIRTUAL MEETING
July 26, 2021Special City Council Special Meeting Agenda
HYBRID IN-PERSON/VIRTUAL MEETING NOTICE
The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff
and the public while allowing for public participation.
Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City
staff may participate via Teleconference.
Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to
council members participating by teleconference.
This meeting will be conducted pursuant to the provisions of the Governor ’s Executive Orders N-29-20,
N-63-20 and N-08-21 allowing for deviation of Teleconference Rules required by the Brown Act & pursuant
to the order of San Mateo County Department of Public Health regarding gatherings during the coronavirus
(COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of South San
Francisco will hold the Special City Council meeting through a hybrid of in -person attendance with the City
Council, designated staff, and limited members of the public at the City Council Chambers and through the
virtual platform, Zoom. In-person attendance by members of the public will be subject to maximum capacity
and current health and safety protocols.
American Disability Act:
The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with
Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South
San Francisco, CA 94080, or email at [email protected]. Include your name, address, phone number, a brief
description of the requested materials, and preferred alternative format service at least 24-hours before the
meeting.
Accommodations: Individuals who require special assistance of a disability -related modification or
accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the
City Clerk by email at [email protected], 24-hours before the meeting.
Notification in advance of the meeting will enable the City of South San Francisco to make reasonable
arrangements to ensure accessibility to the meeting.
Page 2 City of South San Francisco Printed on 8/3/2021
July 26, 2021Special City Council Special Meeting Agenda
ZOOM LINK BELOW -NO REGISTRATION REQUIRED
Join Zoom meeting
https://ssf-net.zoom.us/j/89219583681
(Enter your email and name)
Join by One Tap Mobile :
US: +16699006833,,89219583681# or +13462487799,,89219583681#
Join by Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free)
Webinar ID: 892 1958 3681
How to observe the Meeting (no public comment):
1) Local cable channel: Astound, Channel 26 or Comcast, Channel 27
2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council
How to submit written Public Comment before the City Council Meeting:
Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by
visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application
used by City Council and staff.
How to provide Public Comment during the City Council Meeting:
1) By Phone: (669) 900-6833. Webinar ID is 892 1958 3681. Click *9 to raise a hand to speak. Click *6 to
unmute when called.
By One tap mobile: US: +16699006833,,89219583681# or +13462487799,,89219583681#
2) Online at: https://ssf-net.zoom.us/j/89219583681
a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your
turn to speak.
b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified
shortly before they are called to speak.
c. When called, please limit your remarks to the time limit allotted.
IN-PERSON: Please complete a Speaker Card located at the entrance to the Council Chamber ’s and submit it
to the City Clerk. Be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. When your name is called, please come to the podium, state your name and address (optional) for
the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your
cooperation.
Page 3 City of South San Francisco Printed on 8/3/2021
July 26, 2021Special City Council Special Meeting Agenda
Call to Order.
Roll Call.
Agenda Review.
PUBLIC COMMENTS - Comments are limited to items on the Special Meeting Agenda.
ADMINISTRATIVE BUSINESS
Study Session regarding the Outdoor Dining Pilot Program as authorized under the
current proclamation of a local health emergency (adopted pursuant to Resolution No.
35-2020). (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner)
1.
Report regarding possible ballot measure to support public health and emergency
response. (Mike Futrell, City Manager, and Jess Magallanes, Fire Chief)
2.
City Council study session to consider technical issues related to a potential tax
measure on vacant property and provide direction to staff regarding additional research
to assist in preparation of such a measure. (Sky Woodruff, City Attorney, Nell
Selander, Economic & Community Development Deputy Director, and Tony Rozzi,
Chief Planner)
3.
Study Session regarding proposed amendments to the City Council Handbook. (Sky
Woodruff, City Attorney and Rosa Govea Acosta, City Clerk)
4.
Adjournment.
Page 4 City of South San Francisco Printed on 8/3/2021
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-548 Agenda Date:7/26/2021
Version:1 Item #:1.
Study Session regarding the Outdoor Dining Pilot Program as authorized under the current proclamation of a
local health emergency (adopted pursuant to Resolution No.35-2020).(Christopher Espiritu,Senior Planner
and Tony Rozzi, Chief Planner)
RECOMMENDATION
Staff recommends that City Council consider the next steps of the program and provide direction to staff
regarding specific actions to be taken for the succeeding months of the outdoor dining program.
BACKGROUND
On July 8,2020,the City Council passed Resolution No.90-2020 amending the proclamation of a local health
emergency to create an Outdoor Dining Pilot Program throughout the City,with the intent to provide
restaurants with a way to sustain some minimum level of revenue and activity while Shelter-In-Place (SIP)
regulations prohibit indoor dining at full capacity.
On October 14,2020,and March 10,2021,City Council approved two amendments to the program.These
amendments were approved to allow additional time for businesses to operate their outdoor dining spaces,
mostly due to the second SIP restriction during winter 2020.The program was also amended to align with San
Mateo County and the State regarding on-site dining restrictions and opening of indoor dining in spring 2021.
On June 15,2021,the State of California retired its Blueprint for a Safer Economy (Color-Tiered System)and
reopened all business sectors across the state,including restaurants,shopping malls,movie theaters,and most
everyday places with no capacity limits or physical distance requirements.Only large events are subject to
some restrictions after the June 15 reopening.
PILOT PROGRAM DATA AND SUMMARY
Since approval of the Program,staff completed reviews on 12 applications from restaurants located in the
Downtown,and 10 locations have been approved for outdoor dining on the public right-of-way;all 10
approved public right-of-way locations began outdoor dining operations shortly thereafter.Attachment 1
provides the Application Packet which includes information on conditions and insurance requirements for each
business.
The City deployed a total of 77 water-filled barriers and fencing to create outdoor dining areas on the public
right-of-way for 10 businesses.These 10 businesses occupy a total of 22 parking spaces,but only 16 spaces are
metered.
Feedback from Participating Businesses
At multiple points during the Program,City Staff engaged with the participating businesses on their
experiences and collected information on operations with the outdoor dining spaces.The following responses
were the most frequently communicated to City Staff:
1)Outdoor dining has been vital in helping them to maintain some minimum level of business activity
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File #:21-548 Agenda Date:7/26/2021
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1)Outdoor dining has been vital in helping them to maintain some minimum level of business activity
during dire circumstances.
o Intensifying competition with nearby cities (Burlingame,San Mateo,San Carlos)also resulted in
less pick-up/take-out business.
2)Wind and weather greatly determine the success of outdoor dining on a given week.
o A significant number of South City diners frequently opted for indoor dining since it was
permitted in April (Yellow Tier).
o Restaurants still provide outdoor dining, but typically only if requested by the customer.
3)The State’s reopening on June 15 only continued the challenges that faced restaurants.
o Restaurants that reopened their indoor dining rooms often faced staffing shortages.
o These staffing shortages persist,partly due to continuing uncertainties with workers that have
childcare needs, or other family-based constraints related to scheduling.
o Food costs have significantly increased, and daily minimum business varies.
Safety or Maintenance Incidents
Over the course of the pandemic and the subsequent changes in operations,there have been two recorded
incidents:
1)An unreported vehicular crash which occurred overnight at the Maple/Grand Avenue site (Ben Tre),
however no injuries or damage to existing buildings were reported.
a.The only asset impacted was extensive damage at one water-filled barrier.City Staff
immediately replaced the barrier the next morning and Staff received no other information from
the business.
2)A few incidents of severe graffiti and vandalism to the barriers and at times the outdoor dining
structures.
a.City Staff worked with the affected businesses to remove graffiti from the barriers.No formal
complaints were filed by the affected businesses to the police and no other damages were
reported.
Feedback Regarding Future of the Program
Staff discussed potential paths for businesses when the Pilot Program ends, and participating businesses
communicated the following:
1)Five restaurants expressed their desire to continue outdoor dining.
a.Four would consider a paid permit program, but weary of costs at this time.
2)Two restaurants have or will be opting out of the current pilot program.
a.Both restaurants noted current difficulties in hiring a contractor expeditiously.
3)Three restaurants were indifferent.
a.Two were weary of costs to remove the platform they built.
b.One would remove the outdoor dining space if a paid permit was the path forward.
NEXT STEPS/RECOMMENDATION
Staff recommends that the current Outdoor Dining Pilot Program remain in place through the end of 2021 as it
remains beneficial for businesses and has minimal cost impacts.As customers return,restaurants appreciate the
flexibility to provide indoor or outdoor options as vaccine rollout continues.After December 31,2021,current
applicants would be asked to choose to participate in the City’s existing Outdoor Seating Permit program with
objective design standards or end their participation and remove the temporary construction.
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File #:21-548 Agenda Date:7/26/2021
Version:1 Item #:1.
Staff recommends that the City Council provide feedback and direction on the following next steps:
1.Establish the sunset date of December 31, 2021, for the current Outdoor Dining Pilot Program.
2.Provide feedback on restaurants requesting aid to remove their platforms, given costs to remove.
3.Consider converting some parking meters to time-limited parking spaces for pick-up/take-out only and
allow for higher turnover of parking.
4.Beginning January 1,2022,businesses that want to continue,or establish a new outdoor dining area,
would be required to apply for an annual Outdoor Seating Permit.
a.This would be a paid minor use permit (approximately $500 annually)and would include some
costs of the vacated meter revenue (approximately $70 per month).
b.All applicants applying for outdoor seating would be subject to interdepartmental staff review,
inspections, and specific design considerations.
FISCAL IMPACT
Continuing the outdoor dining program would involve the continued loss of up to 20 metered parking spaces,
which in turn would result in minor,short-term loses in City parking revenue of approximately $1,460 per
month ($73 per space per month).
RELATIONSHIP TO STRATEGIC PLAN
Priority Area #5 -Economic Vitality by ensuring a minimum level of business opportunity for restaurants
affected by the pandemic.
CONCLUSION
Staff recommends that the City Council provide feedback and direction on the following next steps as discussed
above.
Outdoor dining programs have proved to be successful in maintaining economic activity for South San
Francisco and most cities in San Mateo County and beyond.The “repurposing”of some public right-of-way
spaces into temporary activated spaces during COVID-19 has also provided a template for incremental right-of-
way improvements and opportunities for Grand Avenue in the longer term as well.Staff will evaluate
streetscape interventions that might be useful as part of the Outdoor Seating Permit for consideration in 2022.
Attachments
1.Application Packet
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1.Use of the on-street parking spaces shall be limited to the striped dimensions of the parking stall areas and
shall not encroach into the through travel lane.
2.Restaurants using these areas will need to provide their own furniture for use of by the patrons and will be
responsible for securing their furniture when not in use.
3.Outdoor Dining areas at corners cannot extend beyond the space occupied by a standard parked car.
4.Do not eliminate or obstruct existing, on-street disabled parking.
5.Allow adequate spacing next to remaining parking stalls for opening of vehicle doors.
6.Restaurants may expand their space to include areas fronting adjacent storefronts if they get a signed letter
granting permission from the owner of the adjacent storefront.
7.This Permit does not allow for placing tables and chairs on the sidewalks. Consult with the
Planning Department regarding the use on sidewalks.
Temporary Outdoor Dining Program
3. Layout of Outdoor Dining Areas
1. Arrangements for outdoor dining must be worked out with the property owner for each location. The City
would not be a party to discussions or arrangements concerning the leasing or use of outdoor space on
private property.
2. The following specific conditions apply to these areas:
a.Restaurants must have the permission of the property owner in order to use the parking space areas.
b.The parking lots must still comply with all ADA standards, including ADA paths of travel and adequate
provision of handicapped parking spaces pursuant to California Building Code Section 11B.
c.Restaurants that are providing alcohol service must meet all requirements of the Alcoholic Beverage
Control Board and any other federal, state, or local laws and regulations governing the sale and
consumption of alcoholic beverages.
d.Maintain access to emergency utilities such as fire hydrants, fire hose connections for sprinkler systems,
and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating.
e.Consideration should be given to maintaining adequate parking supply on-site to prevent spillover parking
in adjacent residential areas.
f.Driveway entrances and exits shall always remain unobstructed.
g.Temporary outdoor lighting in compliance with California Green Building Code Light Pollution standards is
allowed. Lighting shall be turned off whenever the restaurant is closed and/or the outdoor dining area is
not in use.
h.All items installed to support outdoor dining shall be temporary in nature and removed at such the time
the City so orders. Upon removal of these items, the site shall be restored to its previous condition within
48 hours.
i.Restaurant patrons shall have access to the restroom(s) affiliated with the subject restaurant.
Outdoor Dining On Private Property
Outdoor Dining On-Street Parking Spaces
RESTAURANTS MUST ADHERE TO SOCIAL DISTANCING PROTOCOLS PER SAN MATEO COUNTY ORDER NO. C19-5F.
1.When applying for a Permit, provide proof of liability insurance and indemnification of
the City as well as a diagram showing placement of tables and chairs.
2.Restaurants that want to place tables and chairs in front of adjacent storefronts will
need the permission of the property and business owner.
3.If a restaurant wishes to serve alcoholic beverages as part of outdoor dining, a permit
is required from the California Department of Alcoholic Beverage Control (https://
www.abc.ca.gov/).
4.Restaurants are responsible for providing, setting up and taking down tables and
chairs on sidewalks or parking spaces.
5.Only tables and chairs are allowed in the designated areas for dining.
6.Restaurants must keep dining areas clean and adhere to Social Distancing Protocols
per San Mateo County Order No. c19-5F.
1. Applications & Submittals
1. Applicants must file a Temporary Outdoor Dining Permit for review by the City.
a. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the
public property (sidewalk or parking area) requested by the restaurant for outdoor dining.
b. Available right-of-way or parking spaces to be used for outdoor dining shall be identified based on the
availability of the space fronting the business and may not include areas fronting adjacent businesses
without consent
c. Encroachment Permit Fees $325 (per Adopted Master Fee Schedule 2019-2020) may be waived to reduce
cost-associated barriers for business/restaurant participation.
2. Participation in the Temporary Outdoor Dining Program is limited to 45 days, with the option to
review and extend for another 45 days, but no more than 90 days total.
3. Applicants must comply with San Mateo County Outdoor Dining Safety Requirements, including on-site posting
of health information for employees and patrons.
4. Supplemental Information required by the San Mateo County Health Department must be submitted to the
City.
5. Restaurants/businesses that serve alcohol may continue to serve alcohol in the outdoor dining
area, as long as specific requirements are met:
a. An applicant/operator with a current Alcohol and Beverage (ABC) license and approval may only serve
alcohol within an approved area as reviewed by ABC.
b. In the event that ABC requires layout modifications to the approved, the applicant shall submit revised
layout to the City for review and approval.
c. The applicant/operator is responsible for obtaining and conforming to ABC requirements and file any other
necessary applications to continue serving alcohol.
d. A copy of the current ABC license shall be submitted to the City. In order to retain the Temporary Outdoor
Dining Permit and serve in the sidewalk café area, the operator shall maintain the license.
6. Restaurants operate at their own risk and shall defend and indemnify the City for all activity that
occurs in the outdoor dining area.
a.Applicants must identify the City of South San Francisco as an additional insured party and provide a copy
of the insurance certificate.
b.As required by the City’s Temporary Outdoor Dining Permit, applicants shall procure and maintain during
the term of the Permit the following policies of insurance:
i)Workers Compensation and Employers’ Liability Insurance in the statutory coverage.
ii)Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS
($1,000,000)
NO PERMIT SHALL BE ISSUED UNLESS PROOF OF ADEQUATE INSURANCE, AS DETERMINED BY THE CITY, IS PROVIDED BY THE RESTAURANT.
2. Operations & Maintenance
1.Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the
corresponding restaurant or business for which the outdoor use is granted.
2.Furniture used for outdoor dining shall not be secured to lampposts, streetlights, trees or any other public
street furniture.
3.All approved furniture used for outdoor dining shall be properly maintained and cleaned regularly and be
placed to allow pedestrians to move safely in the sidewalk at all times.
4.The applicant/operator shall comply with all applicable Fire and Building codes at all times.
5. Maintain ADA required access and clearances at all times:
a.Other cities provided specialized benches and/or tables where one side can be used by people in
wheelchairs or mobility devices and ADA required table heights are maintained.
b.The applicant/operator shall ensure safety and stability of all equipment used for outdoor dining.
c.Temporary fixtures such as tables, seating, umbrellas, heating lamps, planters, platforms or flooring to
achieve ADA compliance, and any approved physical barriers to mark the seating area are the only items
permitted in the public right-of-way.
6. The applicant/operator shall be responsible for the proper maintenance of the outdoor dining
area at all times, including properly disposing of all trash generated by the operation.
a.The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the
operating area.
For information about the Outdoor Dining Program, contact the Planning Division at
(650) 829-6620 or [email protected]
For Information about the Outdoor Dining Program, contact the Planning Division at
(650) 829-6620 or [email protected]
TABLES, HEATERS, UMBRELLAS, AND PERSONAL BELONGINGS CANNOT ENCROACH INTO THE TRAFFIC OR PEDESTRIAN LANES (SIDEWALKS)
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 1 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: RESTAURANT / STORE NAME:
NAME OF OWNER ADDRESS CITY, STATE, ZIP TELEPHONE
___________________________________
E-MAIL
NAME OF BUSINESS OPERATOR SSF BUSINESS LICENSE # TELEPHONE
___________________________________
E-MAIL
APPLICATION SUBMISSION CHECKLIST (Confirmed by Planning)
1. Applicant has reviewed and accepted the Permit Conditions on the following pages. ☐ YES ☐ NO
2. Applicant has a current business license in the City of South San Francisco ☐ YES ☐ NO
3. Review and comply with the San Mateo County Outdoor Dining Safety Requirements ☐ YES ☐ NO
4. Provide Site Plan showing the Outdoor Dining Area layout and clear 5 -ft sidewalk path ☐ YES ☐ NO
5. Provide furniture descriptions and photographs of examples (anything in the Public righ t-of-way). ☐ YES ☐ NO
6. Provide maintenance plan for: trash cleanup of area, additional trash receptacles, and/or furniture. ☐ YES ☐ NO
7. Provide Certificate of Insurance that meets the requirements of Condition 15 on the following pages. ☐ YES ☐ NO
8. If alcohol will be served in the Outdoor Dining Area,
a. Submit a current copy of Business’s ABC License ☐ YES ☐ NO ☐ N/A
b. Copy of revised layout modification submitted to ABC ☐ YES ☐ NO ☐ N/A
9. If Outdoor Dining Area is proposed to extend beyond the current storefront,
a. Submit an approval letter from the neighboring property owner of that frontage. ☐ YES ☐ NO ☐ N/A
b. Submit an approval letter from the neighboring business operator of that frontage. ☐ YES ☐ NO ☐ N/A
PLEASE SEE ATTACHED PAGES FOR PERMIT CONDITIONS
I hereby acknowledge that I have read the permit and the attached conditions, that the information given by me is correct, th at I am the owner or
the duly authorized agent of the owner to act and consent on their behalf, and that I agree to comply with the attached condi tions and all
applicable provisions of state laws, city ordinances, and the rules of any governmental agency invol ved.
SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE D ATE
DO NOT WRITE BELOW THIS LINE – FOR USE BY CITY STAFF
1 APPROVED by Planning Division:
DATE:
2 APPROVED by Engineering Division:
DATE:
PERMIT NO:
Rev 3/1/2021
FOR INSPECTIONS
Public Works (650) 829-6656
24 HR in Advance
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 2 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: PERMIT NO.:
This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of
the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to
perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions.
Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special
Conditions of this permit.
# STANDARD CONDITIONS
1
Purpose: Permittee certifies that it has the legal authority to occupy and use the public right-of-way for the purpose stated in the
application. This nonexclusive and temporary Permit is limited to the purpose stated in the application. Any installation, maintenance, or
operation of facilities in the public right-of-way requires the Permittee/Owner to execute an Encroachment and Maintenance Agreement or
a similar form of agreement with the City. Neither this Permit nor any work done by Permittee shall create a vested right of Permittee to
occupy or utilize the public right-of-way. If any prior encroachment permit conflicts with the proposed work, Permittee shall arrange for
any necessary removal or relocation with the prior permittee if willing at no expense to the City.
2
COVID-19 Safety Compliance: Permittee shall comply with the June 17, 2020 Order of the Health Officer of the County of San Mateo
directing all individuals in the County to limit gatherings to not exceed 50 people, allow social bubbles, ad here to social distancing
requirements, face covering requirements, and requiring business to implement a social distancing protocol and written health and safety
plan (“Shelter-in-Place Order) and any subsequent Health Order issued by the Health Officer of the County (“Subsequent Order”).
Permittee shall comply with the following:
a. Statewide Industry-Specific Guidance, available at https://covid19.ca.gov/industry-guidance, and any subsequent updates;
b. San Mateo County COVID-19 Requirements and Industry-Specific Guidance available at https://www.smchealth.org/post/covid-19-
requirements-resources; and/or
c. Any applicable subsequent updates or guidelines issued by the Health Officer of San Mateo County.
3 Boundary Limits: This Permit is limited to the “Outdoor Dining Area” defined as public right-of-way described in the application site
plan that will be occupied.
4
Term: The term of this Permit is limited to 45 days. Additional 45 day extensions may be granted upon request by Permittee and approval
from the Planning, Building, and Engineering divisions. The Permit total duration is limited to a maximum of 90 days. Upon revocation or
expiration of this Permit, Permittee shall suspend all activity within the Outdoor Dining Area and shall be responsible for t he repair of any
damage to City property caused by Permittee, as directed by City.
5 Fees: As approved by the City Council, the permit fees for this permit are waived. All other expenses unrelated to permit review,
inspection, and modifications to barriers shall be at the sole expense of Permittee.
6 Business License: Permittee and/or contractor shall maintain a current business license in the City of South San Francisco as applicable.
7 Operation: Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding business.
8 Sidewalk Clearance: A minimum clear width of five (5) feet of sidewalk shall be maintained at all times for safe passage across the
property frontage.
9 ADA Access: Permittee shall be responsible for complying and maintaining ADA accessibility to and from the Outdoor Dining Area.
10 Furniture: Permittee shall be responsible for providing, maintaining, and removing any outdoor furniture used by the Outdoor Dining
Area. All dining furniture shall be removed from the public right -of-way outside of business hours.
11 Trash: Permittee shall be responsible for providing and emptying additional trash receptacles and cleaning any trash generated by the
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 3 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: PERMIT NO.:
This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of
the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to
perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions.
Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special
Conditions of this permit.
# STANDARD CONDITIONS
Outdoor Dining Area for the duration of the Permit.
12
Inspection: All work is subject to the City’s monitoring, inspection, and approval. Permittee shall call the Building Inspector to schedule
inspection of ADA accessibility (if applicable). Upon removal of the Outdoor Dining Area, Permittee shall call the Public Works Inspector
to schedule inspection to confirm the area is clear and no damage to public property has occurred.
Inspection scheduling requires a minimum of 24-hours’ notice before required inspection time.
13
Restoration and Completion of Work:
Upon expiration or revocation of this Permit, Permittee shall be responsible for removing all furniture, trash receptacles, a nd other
facilities related to the Outdoor Dining Area with the exception of the City provided water barriers. Any damage to the public right-of-way
within the Outdoor Dining Area caused by the use of the Outdoor Dining Area shall be restored by the Permittee.
a. Upon completion of the work, Permittee shall request that the City conduct a final inspection by scheduling with the Public Works
Inspector at least 24-hrs prior to requested inspection time.
b. If the work is not completed within the time required or not acceptable to City staff, then the Public Works Director or their designee
shall notify Permittee in writing. Within forty-eight (48) hours of such notice, Permittee shall restore the public right-of-way in
conformance with the City Standards Details and Specification and this Permit’s conditions and remedy all deficiencies including
subsurface material or pavement depressions, breaking, or other failures. If the Permittee fails to do the restoration after such notice,
then the City may undertake such work at the expense of the Permittee. The City’s determina tion of the cost of the work perform shall
be final.
c. If Permittee fails to compensate the City for the restoration work undertaken pursuant to 12(c) above within five (5) busines s days of
notification, then the City shall have the right to take whatever actions are necessary to recover its damages, costs, and expenses
including but not limited to withholding the amount due with payment made from the performance deposit or any remaining
administrative or inspection fee amount or commencing an action against the bond.
d. Any repair or restoration work undertaken by the City pursuant to 12(c) above shall not relieve Permittee in any manner from liability
at the site of the repair or restoration including but not limited to future failures.
e. The City may undertake any restoration or repair work that has been left incomplete or performed inadequately by Permittee at
Permittee’s cost without notification to Permittee if the City has determined that there has been a violation of any conditio n of the
permit; that an excavation constitutes a hazardous situation, public nuisance, public emergency or threat to public health, safety, or
welfare, or it is in the City’s best interest.
14
Release and Indemnification:
Permittee hereby releases the City from any liability, claims, damages or any obligations relating to any bodily injury, sickness, disease, or
death of any person or damages to any property or any person arising out of work performed by Permittee, its contractors, or
subcontractors in performance of this Permit. P ermittee agrees to indemnify, defend, and hold harmless City and its officers, agents,
volunteers, and employees from any and all actions, claims, and liability for any loss or damage, including but not limited t o, bodily
injuring, sickness, disease, or death of any person or damage to any property, tangible or intangible, arising out of work performed by
Permittee, its contractors, or subcontractors in performance of this Permit or the entry upon the Property. This release and indemnification
shall survive termination of this Permit.
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 4 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: PERMIT NO.:
This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of
the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to
perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions.
Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special
Conditions of this permit.
# STANDARD CONDITIONS
15
Insurance:
Permittee shall procure and maintain during the term of this Permit the following policies of insurance:
a. Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage. Permittee certifies that it is aware of t he
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Wor ker’s
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and it will comply with such provisions
before commencing the performance of the work pursuant to this Permit.
b. Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including,
but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MIL LION
DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
c. The insurance required by this Permit shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and s hall be
extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, a gents,
employees and volunteers, with respect to operations performed by the Permittee as described herein. Evidence of the insuran ce
described above shall be provided to City upon issuance of this Permit. The policy of insurance shall also contain a prov ision
indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City.
d. At the City’s sole discretion, the City’s Risk Manager may modify or waive these requirements on a case -by-case basis.
16 Assignment: Permittee shall not assign or otherwise transfer any rights under this Permit, and any purported assignment or transfer shall
automatically revoke this Permit.
17
No Dedication; Possessory Interest Tax: Nothing contained in this Permit shall be deemed a gift or dedication of any portion of the
Property to or for the general public or for any public purpose whatsoever. This permit shall not be construed to grant any r eal property
interest or other rights to Permittee in the Property. However, if it is deemed that this Permit creates an interest subject to the possessory
interest tax, then Permittee is responsible for paying such tax.
18 No Waiver: No waiver of any default or breach of any condition or term of this Permit shall be implied from any omission to take action
on account of such default or breach.
19
No Precedent Established: This Permit is issued with the understanding that any particular action is not to be considered as establishing
any precedent, including as precedent for the expediency, utility, or authority of any kind of encroachment. This Permit and any assoc iated
Improvement Agreement or Encroachment and Maintenance Agreement constitute the entire agreement between the City and Permittee
pertaining to entry and work upon the Property.
20
Underutilized or Unused Outdoor Activity Areas: For areas of the public right-of-way that have been approved for outdoor dining (or
other approved uses), but are not being used for those daily activities, the following actions shall be completed by the City:
a. Permit holder shall be notified of the improper usage of the public right-of-way, including failure to set furniture for dining (if
approved for outdoor dining), and an observation period of 30 days shall commence.
b. If after 30 days, the outdoor area remains underutilized, the City shall remove all barriers and fencing installed at the site.
c. A Code Enforcement Case shall be opened to remove any built platforms and the space shall be reverted back to active parking
spaces, and any physical changes to the sidewalk or buildings shall be restored to original condition at the cost of the Permittee.
Temporary Outdoor Dining Area
Application Checklist
Required Submittals:
☐ Temporary Outdoor Dining Permit Application (completed and signed)
☐ Copy of Current South San Francisco Business License
☐ Insurance Certificate (See Permit Application Standard Condition #15 and Attached Sample)
☐ Site Plan (must show 5’0” clearance path on sidewalk at all times)
☐ Platform Details (must show 18” min drainage path located parallel to existing curb)
☐ Proposed Outdoor Dining Layout (drawing of dining area with furniture or other elements)
☐ List or Photographs of Furniture (every object to be placed in the right-of-way)
☐ Maintenance Plan (must include locations of additional trash receptacles and schedule of
proper disposal of all trash generated by the operation)
If alcohol will be served in the Outdoor Dining Area, the applicant/operator must:
☐ Submit current copy of ABC License
☐ Copy of revised layout modification submitted to ABC
If Outdoor Dining Area is proposed to extend beyond the Applicant’s storefront,
applicant/operator must:
☐ Submit a letter indicating permission to use the right-of way from the property owner of the
neighboring building.
☐ Submit a letter indicating permission from the neighboring business operator.
List of Furniture or Equipment for Outdoor Dining
The following shall be used for the proposed Outdoor Dining at ________________________
☐ Tables
☐ Chairs
☐ Heaters/Heating Equipment
☐ Additional trash receptacles
☐ Planters
☐ Temporary Flooring
☐ Other Items (List below)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Outdoor Dining Maintenance Plan
The following provides specific maintenance and cleaning protocols that the applicant or operator
of the temporary outdoor dining at ______________________ is required to implement, in
compliance with the City of South San Francisco’s Guidance for Temporary Outdoor Dining
during COVID-19, current San Mateo County Health Department Orders, and other COVID-19
guidance for outdoor dining.
• The applicant/operator shall regularly clean and maintain all approved furniture used for
outdoor dining regularly and be placed to allow pedestrians to move safely in the sidewalk
at all times.
• The applicant/operator shall be responsible for the proper maintenance of the outdoor
dining area at all times, including properly disposing of all trash generated by the operation.
• The applicant/operator shall be held responsible for emptying and cleaning all trash
receptacles within the operating area.
Cleaning and Disinfecting Protocols
• Perform thorough cleaning in high traffic areas.
• Frequently disinfect commonly used surfaces and surfaces touched by patrons.
• Clean touchable surfaces between shifts or between users, whichever is more frequent.
• Equip spaces such as dining and tasting rooms, bar areas, host stands, and kitchens with
proper sanitation products, including hand sanitizer and sanitizing wipes and ensure
availability.
• Ensure that sanitary facilities stay operational and stocked at all times.
• Provide time for workers to implement cleaning practices during shifts and consider
third-party cleaning companies.
• Remove dirty linens from dining tables from dining areas in sealed bags.
• Thoroughly clean each customer dining location after each use.
• Provide hand sanitizer at guest and employee entrances and contact areas.
I hereby acknowledge that I have read the above guidance and that I agree to comply with the Maintenance Plan and
all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved .
SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE
Special City Council Meeting
July 26, 2021
1
Government Code Section 54957.5
SB 343
Agenda: 7/26/2021 Special CC
Item #1
7/26/2021 2Planning Division
Program Timeline:
•July 2020 –Pilot Program Approved
•Approved and installed traffic barriers
at 11 locations in the Downtown
•10 restaurants opened for on-street
Outdoor Dining
•Additional 10-12 Outdoor Dining on
private property (Chevy’s, Fort
McKinley, etc.)
•Outdoor dining program was a helpful
option for restaurants
7/26/2021 3Planning Division
Program Timeline (continued):
•October 2020 and March 2021
program extensions to account for
pandemic shut-downs
•Program expanded to include Personal
Services:
•Salons, Barbers, and other small-
scale, non-restaurant type
businesses
•June 15, 2021 –Full reopening by the
State of California
Direct feedback from Restaurants:
•Outdoor dining has been vital in
helping maintain business activity
during height of the pandemic
•Wind and weather greatly determine
the success of outdoor dining on a
given week.
•June 15th State reopening changed
competition, costs to operate the
business (food, staffing shortage)
•Hesitation about removing spaces in
case there is another shut down
Staff Evaluation:
•Incidents were minimal
•Vehicular crash overnight destroyed
a barrier, but no impacts on
buildings/dining structures
•Graffiti and vandalism on two
occasions
•Since June 15, a large drop in usage and
service. Underused spaces should be
removed by the end of Pilot.
•Investment by restaurants is required, but
recovery remains the objective at this
time
•Temporary repurposing of public spaces
into active use spaces have a place on
South SF streets
Council Feedback Requested on:
•Establish sunset date for current pilot
program to December 31, 2021
•Feedback on removal process of on-
street structures/platforms to be
performed by business owners and
City is responsible for barriers and
fences only
•Consider increasing the number of
limited-time parking spaces to
encourage turnover of parking
(Parking Place Commission to
evaluate)
•For businesses wanting to continue
outdoor dining:
•Annual Permit, Meter Revenue
Recovery
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-602 Agenda Date:7/26/2021
Version:1 Item #:2.
Report regarding possible ballot measure to support public health and emergency response.(Mike Futrell,City
Manager, and Jess Magallanes, Fire Chief)
Attachment: Staff Report
City of South San Francisco Printed on 7/22/2021Page 1 of 1
powered by Legistar™
..Title
Report regarding possible ballot measure to support public health and emergency response. (Mike
Futrell, City Manager, and Jess Magallanes, Fire Chief)
..label
RECOMMENDATION
..Recommendation
It is recommended that the City Council consider and give staff direction regarding a
possible ballot measure in 2022 to provide revenue for enhanced public health and
emergency response capabilities in the Fire Department.
..Body
BACKGROUND
For more than 45 years, the City of South San Francisco Fire Department has strived to provide
the best emergency medical services (EMS) response and medical transport capability to its
residents, business community and visitors. Currently, this is accomplished through a layered
approach. Paramedic/firefighters are placed on an initial response unit of a fire engine or quint,
deployed from one of five stations located throughout the City and supported by one of two
advance life support (ALS) or one basic-life-support (BLS) ambulances for transport. This model
has served the City well for the past 25 years. But as the City has grown, it has become more
difficult to sustain the same level of service and remain adaptive to changing needs. This has
prompted the Fire Department to analyze and consider what deployment model would best serve
South San Francisco now and as we move into the future.
Current Fire Department Health and Emergency Disaster Response Capabilities
South San Francisco remains the only city in San Mateo County to fully operate its own
ambulance service, allowing residents to receive faster emergency medical response at a lower
cost compared with the commercial ambulance service provider in the county. The City operates
two advanced-life-support (ALS) ambulances for emergency response, and one basic-life-
support (BLS) ambulance for non-emergency health related transport. The City also maintains
one additional ALS ambulance and one BLS ambulance in reserve, available to replace front-line
ambulances if needed or to provide surge capacity in the event of a large-scale disaster. ALS
units are staff by two paramedic/firefighters who are dual-certified as paramedics and
firefighters. BLS ambulance are staffed by emergency medical technicians and do not provide a
paramedic level of care.
On average, an ambulance transport will take about 1.5 hours to complete. The
paramedic/firefighters working ALS ambulances are also responsible for responding to other
emergency call types like vehicle accidents, hazardous material spills, technical rescues, water
rescues and fire suppression. As ambulance transport volume increases, paramedic/firefighter
availability decreases for other emergencies, and for other essential non-emergency tasks like
training, pre-fire planning, report writing and maintenance of equipment and facilities.
As the city continues to grow, the Fire Department anticipates not only a continued increase in
calls for service, but also added complexity for those calls with the new types of occupancies (e.g.,
multi-story commercial buildings, laboratories, and multi-family housing units). The risk profile
for emergencies is quickly evolving; emergencies that normally occur on the ground floor or street
level with relatively easier access points are now occurring in locations that require more time and
resources to mitigate.
In 2020, the Fire Department received over 7,500 calls for service. As of July 1, 2021, we are on
pace to exceed 8,000 calls this calendar year, with the vast majority of calls for emergency medical
service. The below table shows the growth in medical emergency 911 calls in South San Francisco
over the past ten years, each year growing as the city has grown:
EMS
Fiscal Year All Calls EMS Calls Transports Behavioral Calls
11-12 5,690 3795 3,182 201
12-13 5,872 3889 3,047 223
13-14 6,292 4300 3,106 237
14-15 6,430 4446 3,221 219
15-16 6,562 4561 3,430 222
16-17 7,142 4872 3,664 221
17-18 7,430 5053 3,717 262
18-19 7,474 5119 3,856 267
19-20 7,331 5022 3,815 222
20-21 7,790 5472 3,864 346
Grand Total 68,013 46,529 34,902 2,420
In addition to the medical, fire and other emergency calls noted above, in 2020 South San Francisco
firefighters deployed to 14 wildfires over 177 days for a combined total of 379 staff days to fight
large fires around California. Deployments to other parts of California and even Oregon have
continued in 2021, and will likely increase as climate change and drought conditions change
“wildfire season” from just a few months each year to now a year-round fire response.
Impact of COVID-19
The COVID-19 global pandemic stressed the City’s public health and emergency response
capabilities to the limit. In addition to the nearly 7,500 calls for service in 2020 as noted above and
deployments to fires outside our City, South San Francisco Paramedics/Firefighters were trained
to administer the COVID-19 vaccine and many served in that capacity at the San Mateo County
fairgrounds or at the City’s vaccination site on Linden Avenue. The Emergency Operations Center
(EOC) opened in March 2020 in response to the pandemic, and remains open today to coordinate
COVID-related services and collaborate with San Mateo County Health and the Federal
Emergency Management Agency (FEMA). City disaster response personnel and
Paramedic/Firefighters planned, coordinated and participated in the City’s COVID-19 testing
events, food distributions and vaccine events over the last 15 months.
The City’s emergency medical services performed very well during the COVID-19 pandemic, in
large part due to the Fire Department’s previous training during SARS, Ebola and other
communicable disease emergencies. The Fire Department’s many years of EMS experience put it
in a position to function as the “infection control officer” for the City – administering emergency
COVID-19 testing to other City department employees, helping to minimizing the spread of the
virus, and administering thousands of vaccine doses to support the County and City run vaccination
clinics.
Prior to and since the pandemic, the calls for behavioral health emergencies have represented a
large percentage of calls responded to by the Fire Department. The number of mental health
behavioral calls have increased lately, likely driven by the societal strains associated with COVID-
19 and the accompanying economic recession. This same type of increase has been experienced
by the South San Francisco Police Department, now often responding to multiple 911 calls daily
from or about residents in a behavioral health crisis.
The pandemic also highlighted gaps in the emergency medical response systems nationwide
exposing unmet medical needs in the community, such as behavioral health and general healthcare.
Years ago, the Fire Department began fire prevention to help minimize the impacts of fire on
citizens and businesses by lessening or preventing the risk of fire. But EMS has remained
completely reactionary. The current EMS model waits for a medical emergency to occur and then
responds, treats and transports a patient to a facility that can provide more definitive care. There is
currently no capacity or ability to create a more proactive EMS system.
The Fire Department’s role in EMS put it on the front lines of many social and systemic issues
such as homelessness, substance abuse, behavioral health and healthcare inequity, as well as health
emergencies such as a pandemic or mass health emergencies. Data received from the County of
San Mateo’s Collaboration for Children’s Success (CCCS) found that parents in South San
Francisco emphasized their struggles to meet basic needs. A CCCS survey found that their most
pressing needs included: mental health and substance abuse, high cost of housing, lack of a living
wage, not enough affordable afterschool care, and lack of supportive adults. Low income
households of color continue to be disproportionately affected by COVID-19.
Looking ahead, it is likely the world will experience residual effects from this pandemic, along
with threats of additional pandemics in the future perhaps as impactful as COVID-19. Moreover,
it is likely that emergency calls with a behavioral health component will continue to increase. City
staff are also keenly aware that ambulance transport and emergency room visits are the only
healthcare many people have available to them. Responding to today’s health emergencies and
staying prepared for tomorrow’s health disasters will place a growing strain on the Fire
Department’s ability to fully respond to the health emergencies of our residents
It is time to move the City’s health emergency capabilities to the next level.
Vision for Improved Health and Emergency Disaster Response
In order to meet the growing emergency response needs, changing risk profile of new construction,
and to create a department able to adapt and provide enhanced service to the City, the Fire
Department is recommending the consideration of the following items.
Dedicate Paramedics to Medical Calls, and Firefighters to Fighting Fires: For many years the
dual paramedic/firefighter model has worked well in South San Francisco, but it is time to evolve
and separate the two functions. South San Francisco is no longer a small, single story town where
calls for service are low and uncomplicated. The growing demand for emergency medical services
requires full-time single-role paramedics to meet community needs, while other complex
emergency response such as fires require full-time single-role firefighters and
paramedic/firefighters.
The Fire Department is recommending the creation of a new Health and Emergency Transport
Division, staffed with paramedics, emergency medical technicians and mental health
professionals. The new division would add a third 12-hour a day ALS ambulance to provide 911
response during the busiest times of the day when population and people traveling through the City
are at their peak. These paramedics and EMTs will focus solely on medical response transport and
prevention, and not hold a dual-role to respond to fires, or responsible for firefighter training, rescue
or other non-EMS responses.
In order to adapt to new service demands and be better prepared to address community need,
creation of a new single-role ambulance transport division is necessary, as is a new community
paramedicine/behavioral health branch. The behavioral health branch would notionally consist of
a part-time medical director, a nurse practitioner, a community paramedic and several community
mental health clinicians. The behavioral health branch’s mission would be to proactively focus on
new ways to improve overall community health, reduce chronic emergency transports, and address
behavioral health and substance abuse related emergency calls. Examples of how behavioral health
branches have been used in other cities:
• Partner with and supplement community healthcare systems
• Connect underutilized health care resources to underserved populations
• Assist with telehealth and remote patient monitoring.
• Check on individuals with chronic ailments or who have been recently discharged to ensure
they are following physical, nutritional and medication prescriptions.
• Engage with frequent 911 EMS callers to identify and reduce root causes.
• Provide alternative destination transport to sobering centers, clinics or transitional housing
to better serve the patient and alleviate pressure on the EMS system.
• Assist PD with emergency response to behavioral health 911 calls and transport directly to
mental health crisis centers instead of emergency rooms
• Be a liaison with County behavioral health case managers and City residents who need
additional services, follow-up and support.
• Support hospice patients with medical care, thereby allowing patients to remain at their
locations.
Currently, San Mateo County and the City of South San Francisco is engaged in a pilot program
to embed one mental health professional into the Police Department to assist with emergency calls
involving persons experiencing a mental crisis. This approach is dictated by the increase in
emergency calls involving mental health. The new behavioral health branch would provide
community mental health clinicians to serve residents in crisis once the pilot program is complete.
With special permission from the County Emergency Medical Services Administrator, the
county ambulance contractor, American Medical Response, operates a behavioral health specific
transport vehicle known as SMART (San Mateo Behavioral Health Assessment and Referral
Team). It is staffed by one paramedic who is specially trained in behavioral health crisis
detection, evaluation, and de-escalation. This resource is utilized to assess and, if necessary,
transport those that are in behavioral health crisis who are ambulatory, voluntary, and do not
have a medical component to their event, such as ingestion of alcohol, drugs, or any substances
that could be toxic to the body. Our intent would be to go a step further, integrating therapists
and providing this level of service to all parties in behavioral health crisis. This can be done
through either a quick response team which can provide transport in an SUV style vehicle, or in
cases where it is necessary, in one of our single-role ALS or BLS ambulances, depending on
need of the patient.
Finally, as the City navigated through the pandemic, the importance of disaster preparedness and
emergency management has become clearer. Currently, the City has an Emergency Services
Manager whose responsibility it is to plan for small or large natural and human-caused disasters.
He manages the emergency operations center facility, trains City personnel on emergency
operations center functions, trains and manages the Community Emergency Response Team
(CERT), liaisons with county and volunteer agencies to help support families displaced by fires,
flooding or other catastrophes, as well as plans and supports many City functions like food
distributions, vaccination sites and other large-scale City sponsored events. Over the last 18
months during the pandemic, it became evident that one person is not sufficient to prepare for and
respond to the various possible community disaster driven needs along with potential future
threats. Adding greater capacity and capability is necessary to ensure robust emergency response
before, during and after large scale emergencies. This can be accomplished by adding a Disaster
Preparedness Coordinator to assist with disaster preparedness and long-term planning.
The Fire Department’s core missions are fighting fires and rapidly responding to medical
emergencies. Separating the firefighting capability and the emergency medical response capability
is necessary to professionally and thoroughly respond to both missions. Adding full -time
paramedics and other health professionals will allow the City to fulfill the medical emergencies
mission, and maintaining the current number of firefighters, redistributed from ALS ambulances,
will allow the Fire Department to meet its mission to fight fires. This will require the addition of a
newly designated truck company, although the number of firefighters will not increase. This would
allow those firefighters who are normally committed to ambulance responsibilities to now
be available for non-EMS responses, mandated training and other vital functions. The creation of
the truck company would provide an additional emergency response apparatus centrally located in
the City where call volume is heaviest. This apparatus and crew would be focused on skills like
extrication, technical rescue, large area search, heavy tool operations and other more specialized
skills. Currently, these and engine company tasks are handled by the quint apparatus located East
of Highway 101, making the quint crew split their focus on truck skills and engine-based
operations. Creating a truck company would allow the Fire Department to transition away from
the quint model and separate engine and truck company specialized skills aligning the
department’s focus with the City’s changing risk profile.
Most firefighters would still be dual-trained as paramedics, meaning all initial response fire
engines would still have at least two paramedics on scene of each call. However, the new Health
and Emergency Transport Division will have single-role paramedics and other health
professionals, roles which require fewer certifications and mandates than a dual-role P/FF. It is
difficult to recruit firefighters who are also paramedics. Creating a paramedic and EMT role
separate from firefighting will enhance the Fire Department’s recruitment pool, increasing
diversity and the opportunity for local residents, while creating a succession path from EMT, to
paramedic, to P/FF.
Possible Revenue Enhancement Ballot Measure
To best address increase call volume and emerging issues, the Fire Department is exploring a
special tax that would increase funds and allow it to alter and expand its current service model.
Through redistribution of the current Paramedic/Firefighters from the ambulances back to a
single focused firefighters and paramedic/firefighters, the Fire Department can bolster overall
emergency response capabilities and create a new Health and Emergency Transport Division.
This tax would allow locally controlled and available medical personnel to integrate with the Fire
Department and provide specialty services like mental health evaluation, case management,
follow up, vital sign monitoring, and even in some instances, primary care.
Aiding those that are underserved, underinsured, have chronic health issues and those frequently
ill will help to reduce hospital visits for acute and non-acute issues. Underinsured people receive
less medical care and less timely care, which consequently leads to worse health outcomes. The
uninsured rate of people aged 18 to 65 years in South San Francisco between 2011 and 2015 was
11.08%. Through the Health and Emergency Transport Division, single role-paramedics and
other health professionals would have the capacity to dedicate time and resources to connect
underutilized health care resources to underserved populations and promote community health
initiatives to help manage chronic diseases. Chronic diseases such as asthma, heart disease, and
diabetes are the leading causes of death and disability in the United States. In South San
Francisco, 57.53 per 10,000 emergency room admission were attributed to asthma attacks and
7.35 of 10,000 emergency room admissions were attributed to heart attacks between 2011 to
2013. The goal of the new Health and Emergency Transport Division. would be to reduce
behavioral health emergencies, hospitalizations, increase survivability of chronic illness, and
ultimately increase the overall health of a community.
As the City continues to grow and the demand for service increases, additional response units will
be needed. The benefits to the community of restructuring and enhancing services outweigh the
potential cost of expanding the emergency health and disaster response capabilities of the Fire
Department. The overall cost of expanding these services is approximately $3.7 million per year.
This consists of:
• New single-role emergency medical response and transport division $2,000,000
• New community behavioral health branch $1,400,000
• Additional disaster response capability $240,000
• Transitioning paramedic/firefighters to new truck company: $60,000
Through this initiative the residents will gain
• Single-focus full-time medical health professionals responding quickly to their
health emergencies, including greater capacity to respond to future pandemics;
• Proactive community health initiatives to help prevent medical emergencies,
including wellness visits, emergency call follow-up and community events;
• Single-focus full-time firefighters responding quickly to fires and other non-
medical emergencies, including a new truck company;
• Improved disaster preparedness for future pandemics, earthquakes or other
disasters or mass casualty events; and
• Community mental health professionals to respond to residents in crisis and to
proactively promote mental health to prevent residents from going into crisis.
Process
To place a revenue measure on the ballot for voter consideration, the City C ouncil must adopt a
resolution calling an election, setting a ballot question, and approving the form of an ordinance
that would establish the details of the tax. The last day to adopt the resolution is the 88th day prior
to the election. For a June 2022 election, the last day for the Council to act would be Friday, March
11, 2022. Only a single Council meeting is required to place a measure like this on the ballot, so
the first regular meeting in March 2022 would be the last opportunity to submit this measure to
voters.
Timeline
If City Council desires to further explore a possible ballot measure in 2022, Staff anticipates the
following timeframe to define a ballot measure further:
• August-September, 2021 City Staff researches and refines proposal
• October, 2021 City Council Study Session #2
• November, 2021 Community Survey
• January, 2022 City Council Study Session #3
• March, 2022 City Council action placing item on ballot
• ~ June, 2022 Election
FISCAL IMPACT
A parcel tax is considered a qualified special tax in California and may be imposed by a local
government. Under the California Constitution, special taxes are permitted, but they require a two-
thirds (66.67%) supermajority vote for approval. Parcel taxes are often utilized for specific defined
purposes that vary by community. However, the use of parcel taxes for support of ambulance/
paramedic services is common throughout California. Parcel taxes enable the adoption of a revenue
stream that will not count against Proposition 13 property tax limits.
Parcel taxes can be applied with various methodologies, including applying (1) a uniform standard
rate per parcel regardless of size/type of parcel or (2) sliding rates based upon “benefit units”,
which is calculated based upon size/type of the parcel. Based upon the City’s broad mix of types
of properties, as well as variances in size and scale of those properties, staff recommends the latter
approach.
The program as proposed herein is estimated to cost approximately $3.7 million annually. Staff,
with the help of Matrix Consulting Group, did conduct a very preliminary assessment of generating
that revenue threshold via a potential parcel tax. In our analysis, broad assumptions were made
that with the establishment of the enhanced Health and Emergency Transport program, there would
be a revenue offset of approximately $700,000, thereby necessitating an overall revenue need via
parcel taxes of $3 million.
With the caveat that deeper analysis will need to be conducted if Council decides to move forward
with exploring a new parcel tax, the following shows the projected parcel tax levels that would
need to be applied to generate $3 million in revenues:
Preliminary Rate Based on Parcel Type
Parcel Type Average Cost per Parcel Cost per Square Foot
Residential $ 7.92 per month $0.005
Commercial $ 70.75 per month $0.009
For relative perspective, the following table provides the amount of parcel tax imposed for
paramedic services in communities in California that have more recently conducted a ballot
measure:
Paramedic Parcel Tax Rates in California
City Name Paramedic Tax Amount
Albany Increase from $23.66 to $68 per resident unit (failed)
Alpine Fire Protection District $16.61 per parcel
Aromas Tri-County Fire Protection District $230 per parcel
Berkeley $0.1047 per sq. ft. per parcel
Contra Costa County $3.94 per benefit unit; $10 per benefit unit
Ebbetts Pass Fire Protection District $43 per unimproved property; $134 per improved property
LA County Fire District $0.06 per sq. ft. (capped at 100K sq. ft.)
Orange Cove $36 per single-family residential, $25 per multi-family unit,
$180 per commercial, $275 per industrial
Ross $79.50 per living unit or 1,500 sq. ft. of structure
Sacramento Metro Fire District $100 per parcel
San Marino $514 to $1,394 per parcel
San Rafael $95 per unit; $0.132 per sq. ft
South County Ambulance Zone $90 per parcel
Trinity Life Support Community Services Dist. $83 per improved parcel and $48 for unimproved parcel
(failed)
Southern Marine Fire Protection District $200 per resident unit; $0.18 per sq. ft business
This information is provided only for the purpose of providing context on recent ballot initiatives,
the rates pursued and the outcome of the measure. Apart from the ballot initiatives for Albany and
Trinity, all ballot measures passed.
RELATIONSHIP TO STRATEGIC PLAN
Expansion of the Fire Departments health and emergency disaster response capabilities meets the
City’s strategic goals of providing a high quality of life for our residents and providing skilled
emergency medical and disaster management programs.
CONCLUSION
It is recommended that the City Council consider and give staff direction regarding a
possible ballot measure in 2022 to provide revenue for enhanced public health and
emergency response capabilities in the Fire Department.
Public Health and Emergency Response Ballot Measure
City Council
July 26, 2021
South San Francisco Fire Department
Stations and Ambulance Locations
5,690
5,872
6,292 6,430 6,562
7,142
7,430 7,474 7,331
7,790
5,500
6,000
6,500
7,000
7,500
8,000
11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21Number of CallsFiscal Year
Fire Department Call History
3795 3889
4300 4446 4561
4872 5053 5119 5022
5472
3500
4000
4500
5000
5500
6000
11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21Number of CallsFiscal Year
Fire Department EMS Call History
3,182
3,047 3,106
3,221
3,430
3,664 3,717
3,856 3,8153,864
3,000
3,100
3,200
3,300
3,400
3,500
3,600
3,700
3,800
3,900
4,000
11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21Number of CallsFiscal Year
Fire Department Transport History
201
223
237
219 222 221
262 267
222
346
200
220
240
260
280
300
320
340
360
11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21Number of CallsFiscal Year
Fire Department Behavioral Calls
All Fire Department Calls
Current and Proposed Restructuring
Current Proposed
4 –Engines
1 –Quint
2 –ALS Ambulances
0.5 –BLS Ambulance
1 –Truck
2.5 –ALS Ambulances
0.5 –BLS Ambulance
1 –Community Paramedicine/
Behavioral Health Branch
5 –Engines
Goals for Restructuring
•Maintain emergency response service levels as call volume increases
•Maintain ambulance response times and provide a less expensive
ambulance transport service compared to the rest of the County
•Evolve and meet the needs of emergency response from a growing
construction risk profile
•Enhance service to provide a proactive branch focused on improving
overall community health, reduce chronic emergency transports and
address behavioral health and substance abuse related emergency
calls.
•Bolster the Cities ability to prepare, respond, recover and mitigate the
effects of natural and man-made disasters
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-598 Agenda Date:7/26/2021
Version:1 Item #:3.
City Council study session to consider technical issues related to a potential tax measure on vacant property and
provide direction to staff regarding additional research to assist in preparation of such a measure.(Sky
Woodruff,City Attorney,Nell Selander,Economic &Community Development Deputy Director,and Tony Rozzi,
Chief Planner)
RECOMMENDATION
It is recommended that the City Council conduct a study session on a potential tax measure on vacant property
and provide direction to staff regarding whether to retain consultant support to develop information necessary
to prepare such a measure.
BACKGROUND
Several cities in California have considered or submitted to voters ballot measures that impose taxes on real
property left vacant for specified periods of time.Vancouver,Canada has also imposed such a tax.The City
Council received a report and conducted a study session about the topic in October 2019.At that time,the City
Council decided to take no further action.With new members joining the City Council,additional public
interest,and potential new State law allowing minor subdivision of vacant property,a study session of the topic
was scheduled to provide the City Council with an opportunity to consider such a measure again.
The staff report for the October 2019 study session is included as Attachment 1 to this report for the Council’s
reference.That report addresses many of the technical aspects of a vacant parcel tax.Since those have not
changed, they are not repeated in this report.
Cities that have considered vacant property taxes have generally done so for one or both of two reasons.The
first is to generate revenue to fund programs related to property left vacant,such as affordable housing
development,services for the homeless,and blight remediation.The second is to disincentivize property
owners from leaving property vacant.A number of tax and other laws make it financially palatable to some
property owners to leave property undeveloped or not to make serious efforts to tenant developed property.A
vacant property tax with a sufficiently high tax rate can potentially shift the economics of the property in such a
way that the owner has to consider whether leaving it vacant remains financially acceptable.As discussed
below,it is possible that a vacant property tax might not result in meaningful revenue for desired City
programs.However,altering the economics of leaving property vacant would be an independent reason to
consider a vacant property tax for the Council to consider.
Since the 2019 report to the City Council,voters in the City and County of San Francisco approved Measure D,
a tax on vacant ground floor commercial space in some neighborhood commercial districts.Revenue from the
tax is dedicated to providing support to small businesses.As discussed below,one of the administrative
challenges for local vacant property tax measures is identifying vacant property subject to the tax.San
Francisco benefitted from having an existing program in place requiring owners of residential and commercial
property to register them after 30 days of vacancy (with a fee required for administration of the program).
Implementation of the program was deferred because of COVID,so there is no information available yet about
shifts in property owner behavior or revenue generated.
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Vacancy Rates Today
As context for this discussion,below are vacancy rates for various uses in South San Francisco and the broader
Peninsula market.
Residential
Vacancy rates for single family homes,whether owner or renter occupied,are not available for South San
Francisco.Vacancy rates for multi-family residential properties in South San Francisco are commercially
available bundled with San Bruno and Millbrae.The Q2 2021 vacancy rate across these three cities is 7.2%,
with a historical average vacancy rate of 4.7%.The report,from Costar,specifically calls out South San
Francisco,saying the wave of new units brought online in 2019 and 2020 increased the vacancy rate slightly,
which was then compounded by the pandemic.The industry report stresses that given the strength of biotech in
South San Francisco, they expect vacancy rates to return to historical averages in the coming years.
Industrial
According to Kidder Matthews,the South San Francisco vacancy hit 9.3%in Q2 2021,slightly higher than the
peninsula submarket at 6.5%,but much lower than that in our neighboring San Bruno/Millbrae with an
industrial vacancy rate of 29.7%.
Office
According to Kidder Matthews,pure office,not life sciences,is experiencing a 23.9%vacancy rate in South
San Francisco,nearly double the North County average of 13.2%.Given the pandemic and its effects on office
work,this vacancy rate is not very surprising and we would expect it to come down over time as the region
recovers.
Life Sciences
As with residential vacancies,life science vacancy data is aggregated.In this case,Kidder Matthews reports the
life sciences vacancy rate for San Mateo County as a whole.Given South San Francisco is home to the majority
of life sciences space in the County,staff believe the vacancy rates reported by the industry to be reflective of
vacancy rates in South San Francisco.Specifically,Kidder Matthews reports the life sciences vacancy rate in
San Mateo County was 3.07% in Q2 2021, down from 4.52% the prior quarter.
DISCUSSION
Staff is seeking direction from Council regarding whether to retain one or more consultants to assist in
developing information that would assist staff and the Council in answering essential questions regarding the
pervasiveness and duration of vacancies of different types of properties,the potential of the tax to shift
undesirable property owner behavior,potential revenue from a tax for City programs,and the administrative
burden and cost of a vacant property tax,which would reduce the net revenue obtained.Those answers in turn
would assist in developing the elements of a potential vacant property tax measure,such as which properties to
tax,the tax rates,how to administer the tax effectively,and whether there are other regulatory changes that
could be implemented to decrease the number of undesirable vacant properties.
Types of Vacant Property That Could be Taxed
There are four broad categories of vacant property that the Council could consider taxing:
1.Residential property.
This category could include single-family residential units or multiple family units,or both.For
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This category could include single-family residential units or multiple family units,or both.For
multiple family units, it could include rental units or condominiums/townhomes, or both.
2.Ground floor commercial storefronts.
This category would include ground floor commercial space. The Council could differentiate between
buildings that are completely commercial and those that are residential with commercial on the ground
floor. For wholly commercial buildings, the Council could also consider only applying the tax if a
percentage of the total square footage of the building were vacant.
3.Standalone developed commercial and industrial buildings.
This category would include already developed commercial or industrial property with buildings that
are entirely vacant. If the buildings have already been internally divided for multiple tenants, the
measure could apply only to the vacant portion or only if more than a specified percentage of the total
square footage were vacant.
4.Undeveloped property.
This category would include property that is not presently developed. It could include property where
the underlying General Plan and Zoning designation is either residential or non-residential, or both.
Limits to a Vacancy Tax
As previously noted,staff is seeking direction from Council on whether or not to engage a consultant or
consultants to help determine the best framework for a vacant parcel tax to place on a future ballot.While
investigating the issue,staff have already noted a few limiting factors or complications to implementing a
successful tax, specifically:
1.There may not be sufficient vacant property in South San Francisco for the revenue generated by the tax
to offset the cost of administering the program.
2.There is an expected,or healthy,level of vacancy that allows businesses and residents to move easily
and for reasonable prices that the ballot measure would need to account for.
3.The vacancy tax could have the unintended consequence of incentivizing market demand development
on vacant parcels, whatever that might be, at the expense of long-term land use visioning or goals.
4.If the tax discouraged property owners from leaving it vacant,the revenue from the tax would decrease,
making it more difficult to fund the programs supported by the tax.
While large undeveloped properties may be easy to identify and tax,identifying individual residential rental
units or office suites will be much more difficult to identify and track.The concept of creating a rental registry
may be a good place to start to begin gathering data on units,with the aim of implementing a vacancy tax if
data shows it may correct certain undesirable behavior.A rental registry will also have substantial
administrative costs associated with it.The Council could also consider a vacant property registry,similar to
San Francisco’s,for specified commercial property types.Both registry programs could include administrative
fees to offset program costs,but there would still be initial set up costs for the programs,and additional staff or
consultant assistance would likely be required to administer them.
CONCLUSION
From this study session,staff are seeking Council direction on whether to retain consultant support to develop a
vacant property tax to place on a future ballot.The scope of work would include analyzing local vacancy rates
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vacant property tax to place on a future ballot.The scope of work would include analyzing local vacancy rates
to understand a healthy rate by property type,confirm appropriate lease-up times by property type,recommend
an administrative process to identify and monitor vacancies,and determine at what level tax rates could be set
to achieve different outcomes such as cost recovery for administering the tax and curbing unnecessarily long
vacancies.
Additionally,staff would like to better understand if Council has a preference for which property types are
further investigated and included in subsequent reports to Council.
Next Steps
If Council wishes to proceed to drafting a vacant property tax,staff will engage a consult or consultants to
assist in development of the ballot measure.Staff estimate the scope described above will cost roughly $60,000
or less and can be absorbed within existing operating budgets,and that the work would be completed and
delivered to Council by the end of 2021.
Attachments:
1.October 2019 Staff Report on Vacant Parcel Tax
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Study session regarding a potential measure to be approved by voters to levy a parcel tax on vacant properties.
(Sky Woodruff, City Attorney)
RECOMMENDATION
Staff recommends that City Council receive a report regarding adoption of a parcel tax on vacant properties,
including Staff recommendations, discuss options, and provide further direction and input to staff.
BACKGROUND/DISCUSSION
The City Council expressed interest in placing a vacant property parcel tax measure on the March 2020 ballot.
This report is intended to provide more detailed information about how a tax of this kind would work.In
addition,the report outlines important discussion topics for the City Council so that they can provide further
direction to staff.
Purpose of a vacant property tax
A vacant parcel tax is a tax which will discourage property owners from keeping properties vacant.Oakland
recently enacted a vacant property tax.In Oakland,city officials cited significant vacancy of property,
including residential and commercial land and buildings left unused for long periods of time,as a basis for
proposing the tax.The City of Oakland noted that properties were kept vacant,undeveloped,and unoccupied by
any legal use and therefore depriving the community of the economic opportunity and housing that could be
provided if those properties were put into use.In addition,Oakland rationalized that when properties are kept in
a vacant state they have negative impacts on the community,including encouraging blight,crime,and illegal
dumping.
The City of Vancouver,Canada,also adopted a similar tax.In both cases,the intent of the tax is to discourage
behavior that has negative consequences on the public by increasing the economic cost of engaging in the
harmful behavior. That use of the taxing power has a long tradition.
It is worth noting that the tax could apply to single-family residential property,but it is not required to be.Since
the tax is intended,in part,to address property types that the City Council thinks have a disproportionately high
rate of vacancy with negative effects on the community,single-family residential or any other property type
would not have to be potentially subject to the tax if the City Council felt that vacancy rates were normal or not
problematic.
Oakland’s recent vacant property tax
As discussed above,the City of Oakland adopted a vacant property at the November 2018 election (Measure
W).Although there are many ways that South San Francisco might choose to draft and administer its own tax,
the Oakland tax serves as a useful model.In Oakland,the vacancy tax was adopted as a special tax with the
revenues earmarked exclusively for services and programs to address homelessness and blight elimination.
The tax applies to all vacant property throughout the City of Oakland,including undeveloped property and
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The tax applies to all vacant property throughout the City of Oakland,including undeveloped property and
individual residential units-in other words,both undeveloped property and developed property that are not in
active use.It also includes multi-family residential properties.Oakland was concerned with property being left
undeveloped,existing residential units not being occupied,and property owners not actively seeking to tenant
commercial spaces. Vancouver was primarily concerned with existing residential units not being occupied.
Under Oakland’s Measure W,a parcel is classified as “vacant”if it is in use less than fifty (50)days during a
calendar year.
The Oakland tax rate was established as $6,000 per parcel for residential,non-residential,and undeveloped
land,and $3,000 per parcel for condominiums,duplexes or townhouses,as well as for parcels with ground floor
commercial vacancies.
Importantly, certain exceptions apply. Examples include but are not limited to owners:
•Who qualify as very low-income.
•For whom the payment of the tax would be a financial hardship.
•Whose property is vacant as a result of a demonstrable hardship unrelated to personal finances.
•Who can demonstrate that exceptional specific circumstances prevent the use or development of the
property (i.e. property damage by a recent natural disaster).
•Whose property is under active construction.
•Who have an active building permit application being processed by the city.
The details of those exceptions and other administrative aspects of the tax are currently being worked out
through the development of a companion ordinance to Measure W.
Originally,Oakland planned to have property owners “self-certify,”vacancies,meaning that a certification form
would be mailed to the owner of record for every parcel of real property in the city and each property owner
would certify that a parcel of real property is,or is not,vacant,and claim an exemption,if applicable.A fine of
up to five thousand dollars ($5,000)was contemplated for the knowing submission of a false certification form.
It now appears that Oakland,in an effort to refine its administrative procedures,is taking a slightly different
approach.The City has already sent information about the vacant property tax to all property owners who have
a mailing address different than the physical address of property they own,in an effort attempt to get the word
out about the impending levy.The City plans to send an “initial vacancy determination”in early 2020,after
they have made a determination regarding vacancy based on City-owned and publically available information.
After receipt of the vacancy determination,a property owner would have opportunity to rebut the city’s finding
of a vacancy by submitting proof of occupancy.
Oakland’s codified ordinance,along with its draft ordinance governing administration of the vacant property
tax are attached to this staff report for reference as Attachments 1 and 2, respectively.
Considerations for a potential South San Francisco vacant property tax
Vacant commercial property is a concern in South San Francisco.These vacant properties contribute to blight
and a diminished quality of life for those around the vacant property,the same complaints heard in Oakland.
Vacant commercial properties also require greater attention by City staff such as Code Enforcement,Fire,
Police and general staff time responding to the public’s complaints about the property.Consequently,City
Council may want to consider a vacant parcel tax impacting undeveloped property,developed but vacant
commercial property,and property with vacant ground floor retail space.The City Council could broaden orCity of South San Francisco Printed on 11/29/2020Page 2 of 5
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commercial property,and property with vacant ground floor retail space.The City Council could broaden or
narrow the property types subject to the tax.
Economic and Community Development staff acknowledge that the leased retail market is going through
tremendous changes and challenges,due to the growth/maturation of Internet-based retailers,changing
consumer tastes,and other macroeconomic trends.As a consequence,retail properties face significant
challenges in maintaining occupancy.One potential use of revenue from the tax could be to provide low-
interest loans for the owners of retail space to upgrade or reposition their properties.
As part of the consideration of potential tax rates,the City Council could direct that the rates be the maximum
allowable,with specific text in the measure that would allow the City Council to adjust the rates based upon
future economic conditions.If there were a significant recession,and the City Council felt that an increase in
vacant property subject to the tax was beyond the control of property owners,the City Council would have the
ability to adjust the rates or suspend the tax until economic conditions improved.
Procedural requirements for adoption of a special tax
The steps for adoption of a vacant property tax would be as follows.
First,the Council would adopt a resolution calling an election.The resolution calling the election must include
the type of tax,the tax rate,the method of collection,and the date of the election.In addition,because it is a
special tax,the resolution would also need to include a description of the purpose of the tax and accountability
measures restricting the tax revenue to the identified purpose of the special tax.The resolution calling the
election would also include the ballot question,which can be no longer than seventy-five (75)words.A public
hearing would be required but there are no special noticing requirements.
Attached to the resolution calling for an election would be the proposed ordinance,which,if approved by the
voters,would be adopted by the people.Such ordinance would become effective ten days after the results of the
election are certified.(Elections Code §9217.)Unlike the Oakland model,it is recommended that a single
ordinance contain the tax and the administration thereof.But the ordinance can be written to allow the City
Council to make amendments,as long as they do not result in an increase in a tax rate or the imposition of the
tax on someone previously not subject to it.
Note also that the Council must comply with CEQA prior to placing a measure on the ballot.In the case of a
proposed vacant parcel tax,we believe that this requirement can be met by a finding that the proposed tax does
not constitute a project under CEQA.
To impose a parcel tax,the measure requires approval by two-thirds of the voters voting at the election.As a
special tax,the proceeds must be placed in a special fund to be used only for the purposes specified in the
measure.Since the passage of Proposition 13 in 1978,cities have not had the power to impose property taxes
based on the value of property.Although there is an “ad valorem”property tax,it is imposed by Art.XIIIA,§1
of the California Constitution.Proposition 13 and state statutes preserved the power of cities to impose other
taxes on property.A parcel tax is a tax on parcels of real property collected as part of a property tax bill.Unlike
a property tax,the parcel tax cannot be based on property value.Historically,it has primarily been a flat rate
per parcel, but it can also include rates based upon the size or characteristics of a parcel.
Timing of a potential tax measure
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If a measure is placed on the March 2020 ballot,the tax could be levied as soon as August of 2020 (collected
2020/2021).Alternatively,the measure could be crafted so that the tax would not be levied until 2021 (collected
2021/2022).
Key elements of a potential vacant property tax for City Council discussion
Staff is making recommendations on essential items,as well as requesting input from the Council on other
pertinent topics.Note that the staff recommendations below do not constitute an exhaustive list,and additional
topics are likely germane to those listed. Staff is seeking direction on the following questions:
1.Does City Council want to place a vacant parcel tax on the March, 2020, ballot?
2.The proceeds of a special tax must be placed in a special fund and may be used only for the purposes
specified in the measure.Staff suggests that the tax proceeds be used to fund loans to property owners for (a)
improvements to structures,or (b)to address property conditions that would assist in making properties
marketable and/or developable, both areas having a nexus to the blighted condition being addressed.
3.What is the applicable tax rate?Staff suggests a rate of $10/square foot of vacant built space and
$0.10/square foot for undeveloped land. The City Council could include a cap on the total amount of tax.
4.The tax could apply to all types of property that meet the definition of “vacant,”as established in the
ordinance.Single-family residential,multifamily residential,ground-floor retail,developed commercial
property,and undeveloped land could all be subject to the tax,depending upon which types of vacant properties
the City Council considers to be problematic for the community.Staff suggests that the tax apply to (a)
developed but vacant commercial property and (b)properties with vacant ground floor commercial space.City
and Successor Agency property would be exempt. To what property should the tax apply?
5.How long does a property need to be unused to classify it as “vacant?”Staff suggests that a property be
classified as “vacant” if it is unoccupied for eight (8) or more months during a calendar year.
6.Should the new parcel tax include penalties?Staff suggests a five thousand dollars ($5,000)fine for
knowingly submitting a false certification form.Note that such penalty is tied to a self-certification method for
vacancies.
7.There may be circumstances in which there are reasons outside of the property owner’s control for the
vacancy of property.Should the ordinance recognize some of those conditions as the basis for exceptions?Staff
suggests exceptions for (a)significant financial hardship of the owner,(b)non-financial hardship of the owner
(e.g.family medical situation that prevents active property management),or (c)exceptional circumstances that
limit the development or marketing of property (e.g.environmental contamination).Property owners would
have to apply for an exception at the time of submitting their self-certification form.Decisions on exception
applications would be subject to appeal.
FISCAL IMPACT
Startup and first year administration costs are estimated to be $180,000 to $270,000,including mailings.Actual
election costs are not yet known.
CONCLUSION
The City Council has expressed interest in the possibility of levying a tax on vacant property within the City,City of South San Francisco Printed on 11/29/2020Page 4 of 5
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The City Council has expressed interest in the possibility of levying a tax on vacant property within the City,
subject to voter approval.The City Council has a number of options for how to construct such a measure,if it
wishes to proceed with presenting it to the voters.The purpose of this study session is to outline some of the
choices and staff recommendations, and to receive feedback from the City Council.
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Potential Tax on Vacant Properties
City Council Study Session
Government Code Section 54957.5SB 343Agenda: 7/26/2021 Special CCItem #3
Why do jurisdictions have a vacant property tax?
•Generate revenue to fund related programs, such as affordable housing development, services for the homeless, and blight remediation
•Disincentivize property owners from leaving property vacant
Types of Property to Consider Taxing
•Residential
•Ground floor commercial storefronts
•Standalone commercial and/or industrial buildings
•Undeveloped property
Vacancy rates in Q2 2021
•Residential (SSF, San Bruno, Millbrae): 7.2%
•Industrial: 9.3%
•Office: 23.9%
•Life Sciences (San Mateo County): 3.07%
Factors Potentially Limiting Effectiveness of a Vacancy Tax
•May not be sufficient vacant property for revenue from the tax to offset its administrative costs or adequately fund programs
•If the tax motivated owners to tenant spaces, tax revenue would decrease
•A tax could motivate development on vacant parcels for uses other than those desired under long term plans
•There is an expected level of vacancy that allows businesses and residents to move easily
Next Steps
•If Council would like to proceed, staff recommend engaging a consultant or consultants to prepare background research necessary to draft the tax measure
•Staff seeking direction on whether to proceed with developing a tax measure to place on the ballot
Which property types should we focus on?
Is the primary goal to generate revenue or discourage vacancy? Or both?
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-534 Agenda Date:7/26/2021
Version:1 Item #:4.
Study Session regarding proposed amendments to the City Council Handbook.(Sky Woodruff, City Attorney
and Rosa Govea Acosta, City Clerk)
RECOMMENDATION
It is recommended that Councilmembers review the City Council Handbook (Handbook),the suggested
revisions,and provide direction regarding the policies set forth in the Handbook.Pursuant to these
discussions,Councilmembers may direct staff to prepare revisions to the Handbook for approval at the
August 25, 2021, regular meeting of the City Council.
BACKGROUND/DISCUSSION
Legislative History of the City Council Handbook
The City Council first approved the City Council Handbook (Handbook)by Motion at a Regular Meeting on
September 13,1989.The legislative history of the document indicates that the purpose of the Handbook is to
establish operating procedures and general policies of the City Council.The Handbook is intended to serve “as
a ready reference for Councilmembers,both new and experienced,regarding certain basic operations.An
overview of various legal provisions,such as the basics of conflict of interest and the Brown Act,is provided.
Practices which have evolved over time even though not required by law are also memorialized.In addition,
topics which do not arise very often,but which tend to raise questions or issues when they do come up,are
addressed.”All City Council resolutions were incorporated into the current version of the Handbook approved
on November 30, 2016.See Attachment 1, 2016 Council Handbook and Appendices.
Revision and Maintenance of the Handbook
The City Clerk and City Attorney also identified policies reflected in the Handbook that had been changed by
legislation not directly referencing it;these changes are presented in track change format in the attached
Handbook for Council’s consideration and discussed under the Recommended Legislative Updates section
below.See Attachment 2, 2021 City Council Handbook and Appendices.
Policy Amendments from Council
Councilmembers may seek to direct policy revisions to sections of the Handbook based upon changed City
priorities,and infrastructure.Accordingly,at this study session,Councilmembers should discuss their respective
policy preferences,come to a concurrence and provide direction to the City Clerk and City Attorney to prepare
any additional revisions.Based on Council’s direction at this study session,the City Clerk’s Office will work
with the City Attorney to prepare a revised version of the Handbook for adoption by the City Council at the
August 25, 2021, regular meeting of the City Council.
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Recommended Legislative Updates
The Offices reviewed the Handbook to verify consistency with recent resolutions and certain state law affecting
procedure.In instances where there are clear internal inconsistencies with the Handbook,proposed revisions
have been suggested.
·Handbook:There are multiple sections of the Handbook discussing areas that have been impacted by
changes in state or local law. Such revisions have been suggested throughout the body of the document.
·Appendix 1:The proposed changes update the City’s new election cycle and the Mayoral and Vice-
Mayoral succession based on current office holders.Due to the City’s transition from At-Large to
District elections and based on the Council’s policy.Councilmember Nagales would be eligible to serve
as Mayor twice during his term on Council.
·Appendix 3:In the standing version of the Handbook,the City Council Expense Reimbursement Forms
are set forth at Appendix 3 and the Expense Reimbursement Policies are set forth in Appendix 10.
Historically,the City Council Expense Reimbursement Forms have been maintained by the City
Manager’s Office and updated accordingly.Note that the Clerk has included all currently known used
Council Expense Forms behind Appendix 3 for Council’s consideration.The forms should be updated to
reflect current mileage per IRS guidelines.See Attachment 3, Resolution 112-2007 (expenses).
·Appendix 6:The City Attorney’s Office made suggested revisions based on previous input from former
Councilmembers regarding donations to the City.
·Appendix 7:The suggested update lists the current Boards,Commissions,and Committees with
department liaisons.
·Appendix 8:The suggested update includes term limits and reflects an accurate list of Boards,
Commissions, and Committees.
·Appendix 9:During the last recruitment for Boards and Commissions,the Council discussed late
submittal of applications.The proposed change indicates that late applications will be presented for
Council consideration.Additionally,the City’s Appointment Procedures/Criteria has been updated to
reflect all eligible residents can apply.The suggested update reflects the current Board and Commission
recruitment process.
·Appendix 10:The Clerk has included a suggested revision to align the Handbook’s policy on Meals
with the City’s policy on reimbursement.See Attachment 4,City’s Administrative Instruction Section IV,
No. 2 - Travel and Training Policy and Reimbursement of Expenses.
CONCLUSION
After review and discussion,Councilmembers should direct staff to revise the Handbook for approval at the
City Council regular meeting scheduled for August 25, 2021.
Attachments:
1)2016 Adopted City Council Handbook and Appendices.
2)2021 City Council Handbook and Appendices with recommended changes.
3)Resolution 112-2007 (Council Expense Reimbursement Forms).
4)City of South San Francisco Administrative Instruction Section IV, No. 2 - Travel and Training
Policy and Reimbursement of Expenses.
City of South San Francisco Printed on 7/22/2021Page 2 of 2
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CITY OF SOUTH SAN
FRANCISCO
CITY COUNCIL
PROCEDURES AND
PROTOCOLS HANBOOK
Prepared by:
Office of the City Clerk
Rosa Govea Acosta
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South San Francisco City Council Procedures and Protocols Handbook Table of Contents
INTRODUCTION............................................................................................................. 4
Mission Statement ........................................................................................................... 4
Core Values ..................................................................................................................... 4
CITY COUNCIL ............................................................................................................... 5
Core Responsibilities....................................................................................................... 5
Council Conduct .............................................................................................................. 5
Newly Elected Members ................................................................................................. 6
Council Reorganization ................................................................................................... 6
Mayor .............................................................................................................................. 6
Vice-Mayor (Mayor Pro-Tempore) ................................................................................. 6
Presiding Officer ............................................................................................................. 6
Seating ............................................................................................................................. 7
Administration of Oaths .................................................................................................. 7
Subpoenas........................................................................................................................ 7
Councilmember Obligation as to Continued Matters ...................................................... 7
Absences from Council Meetings ................................................................................... 7
Council Committees ........................................................................................................ 8
Compensation of Councilmembers ................................................................................. 8
Council Mail .................................................................................................................... 8
Staff Assistance ............................................................................................................... 9
Council Conduct with staff ........................................................................................... 10
Equipment and Supplies provided to Councilmembers ................................................ 10
Requests to add items to the Agenda, Ordinances, or Legal Opinions ......................... 10
City Seal ........................................................................................................................ 11
CONCURRENT ROLES ............................................................................................... 11
Successor Agency to the Redevelopment Agency ........................................................ 11
Recreation and Park District ......................................................................................... 11
Willow Gardens Parks and Parkways Maintenance District ......................................... 12
South San Francisco Public Facilities Financing Authority ......................................... 12
CONFLICT OF INTEREST .......................................................................................... 12
BROWN ACT.................................................................................................................. 12
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South San Francisco City Council Procedures and Protocols Handbook Permitted Closed Sessions ............................................................................................ 14
MEETINGS ..................................................................................................................... 15
Quorum.......................................................................................................................... 16
Regular Meetings .......................................................................................................... 16
Special Meetings ........................................................................................................... 16
Emergency Meetings ..................................................................................................... 16
Adjourned Meetings ...................................................................................................... 17
Closed Sessions ............................................................................................................. 17
Study Sessions ............................................................................................................... 17
Teleconference Meetings .............................................................................................. 17
Virtual Meetings ............................................................................................................ 19
Meeting Cancellation .................................................................................................... 19
CONDUCT OF MEETINGS ......................................................................................... 19
Agenda Order ................................................................................................................ 19
Call To Order and Roll Call ......................................................................................... 20
Order of Business ......................................................................................................... 20
Continued Items ........................................................................................................... 20
Introduction of Items after 11:00 p.m. .......................................................................... 20
Presentations.................................................................................................................. 20
Councilmember Participation ........................................................................................ 20
Public Participation ....................................................................................................... 21
Decorum ........................................................................................................................ 22
Smoking Prohibited ....................................................................................................... 23
COUNCIL ACTIONS .................................................................................................... 24
Proclamations ................................................................................................................ 24
Commendations/Certificates of Recognition ................................................................ 24
Ordinances ..................................................................................................................... 24
Resolutions .................................................................................................................... 24
Motions.......................................................................................................................... 25
Minute Orders ............................................................................................................... 25
Finality of Administrative Actions ................................................................................ 25
MINUTES ........................................................................................................................ 25
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South San Francisco City Council Procedures and Protocols Handbook BASIC PROCEDURES – MAIN MOTIONS .............................................................. 26
PARLIAMENTARY PROCEDURE MOTIONS ........................................................ 26
Processing of Motions ................................................................................................... 26
Precedence of Motion.................................................................................................... 26
Types of Motions/Purpose ............................................................................................ 27
Division of Question ..................................................................................................... 29
Robert’s Rules of Orders ............................................................................................... 29
Parliamentarian.............................................................................................................. 30
VOTING .......................................................................................................................... 30
Disqualification ............................................................................................................. 30
Tie Votes ....................................................................................................................... 30
Voting Requirements for Specific ................................................................................. 30
PUBLIC HEARINGS ..................................................................................................... 31
BOARD AND COMMISSIONS .................................................................................... 32
Procedures for Making Appointments and Reappointments......................................... 33
Procedures for Granting Emeritus Status ...................................................................... 34
Council of Cities/City Selection Committee ................................................................. 35
POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 35
POLICY ON COMMUNITY FUNDING ..................................................................... 36
POLICY ON DEDICATION OF PUBLIC FACILITIES .......................................... 36
APPENDIX ..........................................................................................................................
Appendix 1: Selection of Mayor and Vice-Mayor/Council Reorganization……….….37
Appendix 2: Guide to Conducting Meetings................................................................. 38
Appendix 3: City Council Expense Reimbursement Forms…………………………...39
Appendix 4: Summary of Elected Officials Benefits .................................................... 40
Appendix 5: City Council Policy for use of telecommunication equipment ................ 41
Appendix 6: Solicitation of Donations .......................................................................... 42
Appendix 7: Staff Liaisons to Boards and Commissions .............................................. 43
Appendix 8: Board and Commission Roster ................................................................. 44
Appendix 9: Commissions, Boards, and Committees Application Process .................. 45
Appendix 10: City Council’s Reimbursement policy ................................................... 46
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South San Francisco City Council Procedures and Protocols Handbook INTRODUCTION
The City of South San Francisco is a municipal corporation. South San Francisco is a general
law city, established pursuant to California law, with a City Council-City Manager form of
government. In order to collect and clarify its procedures and policies, and as provided by
Government Code Section 36813, the City Council establishes this handbook.
The Handbook is intended to assist Councilmembers in carrying out their roles, as well as to
provide useful information to prospective Councilmembers and other interested citizens.
Through agreement of the City Council and staff to adhere to these practices, the effective
administration of City Council affairs is greatly enhanced. Councilmembers will be provided a
copy of and be familiar with the Handbook. The City Council will conduct its meetings in
accordance with the guidance in the Handbook.
The City Clerk shall be responsible for the maintenance of the Handbook and for making it
available to the public. It is anticipated that this Handbook will be reviewed at least biennially, in
order to reflect either changes in the law or City Council procedure or policy. This handbook is
not intended to be a legal statement, and is not written in legal term
MISSION STATEMENT
The City of South San Francisco’s mission is to provide a safe, attractive, and well-maintained
city through excellent customer service and superior programs, and a work ethic that will
enhance the community’s quality of life.
To that end, we will strive to nurture a partnership with the community by recruiting a diverse
and highly skilled workforce, being an active partner in quality education, and attracting and
retaining a prosperous business community, all of which will foster community pride and
understanding.
CORE VALUES
The City and Employees of South San Francisco value our role in providing service to
one another and the community.
As an organization, we are committed to:
• Strengthening each other and the organization through dedication and teamwork.
• Recognizing and respecting diversity and encouraging opinions of the community
and workforce.
• Excellence in Service.
• Encouraging creativity and supporting problem-solving.
• Accepting responsibility and accountability.
• Demonstrating integrity and honesty in all aspects of service.
• P romoting and maintaining open and constructive communication.
• Encouraging skill development and professional growth.
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South San Francisco City Council Procedures and Protocols Handbook CITY COUNCIL
South San Francisco is a general law city. As a general law city, South San Francisco derives its
authority from and is subject to the general laws of the State of California. Its authority to
regulate is limited to those powers authorized by the State of Constitution and laws adopted by
the State Legislature. South San Francisco has a five-member City Council formally elected at
large to four-year terms on a staggered biennial basis. Councilmember terms are staggered so
that a measure of continuity is maintained in the transition from one City Council to the next. In
November 2020, voters elected Councilmembers for Districts 2 and 4. In November 2022, voters
will elect Councilmembers for Districts 1, 3, and 5, pursuant to Government Code Sections
34486 and 34871 and Chapter 2.16 of the Municipal Code.
CORE RESPONSIBILITIES
All members of the City Council, including those serving as Mayor and Vice-Mayor, have equal
votes. No Council Member has more power than any other Council Member, and all should be
treated with equal respect.
All Council Members:
∗ Demonstrate honesty and integrity in every action and statement.
∗ Comply with both the letter and spirit of the laws and policies affecting the operation
operations of government.
∗ Serve as a model of leadership and civility to the community.
∗ Inspire public confidence in South San Francisco government.
∗ Work for the common good, not personal interest.
∗ Prepare in advance of Council meetings and be familiar with issues on the agenda.
∗ Fully participate in City Council meetings and other public forums while demonstrating
respect, kindness, consideration, and courtesy to others.
∗ Participate in scheduled activities to increase Council effectiveness.
∗ Review Council procedures, such as these Council Protocols, at least annually.
∗ Represent the City at ceremonial functions at the request of the Mayor.
∗ Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations.
∗ Respect the proper roles of elected officials and City staff in ensuring open and effective
government.
∗ Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town.
COUNCIL CONDUCT
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to
improve the quality of life in the community. In all cases, this common goal should be
acknowledged even as Council may "agree to disagree" on contentious issues.
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South San Francisco City Council Procedures and Protocols Handbook NEWLY ELECTED MEMBERS
Newly elected Council Members are sworn into office generally at a special meeting in
December following a regular municipal election. Immediately upon election (even before being
sworn into office), newly elected Council Members are subject to the provisions of the Brown
Act.
A reception is traditionally held immediately following the reorganization meeting.
COUNCIL REORGANIZATION
The city council shall meet at least annually to choose one if its members as Mayor and one of its
members as Vice-Mayor. The meeting to determine organization or reorganization of the City
Council (i.e., selection of Mayor and Vice-Mayor) shall be held on the Tuesday that immediately
precedes the Wednesday of the first regularly scheduled meeting of the City Council in
December, unless the Mayor or City Council select a different date. In years in which a regular
City Council election occurs, the reorganization shall follow certification of the election results.
MAYOR
The City utilizes a mayoral rotation system in order to determine which Councilmembers shall
be chosen to serve a Mayor and Vice-Mayor. The Mayor is elected during the Council
reorganization. This is the first order of business. Usually, in recent times, the former Vice-
Mayor has been elected Mayor. Appendix 1: Example of the process and order of the
reorganization meeting.
The Mayor is the official head of the City of South San Francisco for all ceremonial purposes.
The Mayor is entitled to vote on all matters but does not possess any veto power. The Mayor
signs all ordinances and approved minutes for all City Council meetings. The Mayor must
execute such documents as directed by vote of the Council. Appendix 2: Sample guide to
conducting Council meetings.
VICE-MAYOR (MAYOR PRO TEMPORE)
The Vice-Mayor is elected from those on the Council after the election of the Mayor during the
same meeting. In the absence of the Mayor, the Vice-Mayor possesses the powers and performs
the duties of the Mayor.
PRESIDING OFFICER
The Mayor presides at all Council meetings. In the absence of the Mayor, the Vice-Mayor is the
presiding officer. If both the Mayor and Vice-Mayor are absent, the remaining Councilmembers
select a presiding officer. The presiding officer should preserve strict order and decorum at all
meetings. The presiding officer votes on all questions as do other members of the Council.
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South San Francisco City Council Procedures and Protocols Handbook The presiding officer determines all points of order, subject to the right of any member to appeal
to the Council. If any appeal is taken, the question is "Shall the decision of the presiding officer
be sustained?" A majority vote sustains the presiding officer's determination. Otherwise, the
ruling is reversed. If in doubt on a point, the presiding officer may submit the question to the
Council, in which case a majority vote prevails.
SEATING
The Mayor always sits in the middle seat at all formal Council meetings. The Vice-Mayor
always is seated immediately on the right side next to the Mayor.
ADMINISTRATION OF OATHS
The Mayor may require any person addressing the Council to be sworn as a witness and to testify
under oath, and must so require if directed to do so by a majority of the Council. The Mayor
may administer oaths. This rarely occurs. Appeals and revocation hearings are the most likely
instances when testimony is taken under oath. Appendix 3: Oath
SUBPOENAS
The Council has the power and authority to compel the attendance of witnesses, to examine them
under oath and to compel the production of evidence. Subpoenas signed by the Mayor and
attested by the City Clerk may be issued in the name of the City. Disobedience of a subpoena or
the refusal to testify on other than constitutional grounds may be deemed contempt.
COUNCILMEMBER OBLIGATION AS TO CONTINUED MATTERS
Any matter may be continued to a subsequent meeting. When a Councilmember is absent from
an earlier meeting at which a matter is discussed and that matter is continued, it is the duty of
that member to become acquainted with the issues discussed by reviewing relevant documents,
reading any available minutes and, if possible, listening to or viewing the recording of the
meeting.
ABSENCES FROM COUNCIL MEETINGS
On occasion a Councilmember cannot attend a Council meeting. Whenever a Councilmember
knows in advance that he or she will be absent from a Council meeting, it is the responsibility of
that member to notify the City Manager and City Clerk as soon as possible of the impending
absence.
California Government Code Section 36513 provides that if a Councilmember is absent from all
regular City Council meetings without permission for sixty (60) days consecutively from the last
regular meeting attended, (or seventy (70) days if the Council meets once a month), the seat held
by that Councilmember becomes vacant. The law is silent with regard to the basis for granting
or denying permission to be absent. Such a determination is left to the Council as a whole.
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South San Francisco City Council Procedures and Protocols Handbook COUNCIL COMMITTEES
The Council may organize among its members such standing committees of two members as it
may determine useful, each of which shall act as a fact finding committee for the purpose of
considering all available information on proposed legislation or matters of policy referred to it
and shall make recommendations to the Council as a whole.
The Mayor shall assign each Councilmember to various standing committees. Participation and
attendance at those committee meetings is important. Continued absences from meetings
without good cause may result in removal from a committee at the discretion of the Mayor,
taking into consideration advice from other committee members.
From time to time ad hoc committees may be organized by the Mayor to address special
concerns which may be of short duration. Additionally, each Councilmember may be assigned
by the Mayor as liaison to various boards, committees and commissions, and other public
agencies or quasi-public agencies.
It is the prerogative of the Mayor, taking into consideration relative length of Council service,
individual Councilmember preference and equivalency, to assign individual Councilmembers to
various committees.
COMPENSATION OF COUNCILMEMBERS
Each member of the City Council receives a monthly salary as provided for in Chapter 2.12 of
the Municipal Code, Government Code Section 36516, as amended. Salaries are payable at the
same time and in the same manner as salaries are paid to other officers and employees of the
City.
The established salaries are exclusive of any amount payable to each member of the Council as
reimbursement for actual and necessary expenses incurred in the performance of official duties
for the City. Appendix 10: City Council’s Reimbursement policy.
Councilmembers are members of the Public Employees’ Retirement System and also receive
Social Security coverage during their term of office. They also are provided with various
insurance benefits. (Appendix 4: Summary of benefits) Attendance at pertinent meetings,
conferences or seminars will be reimbursed in the same manner as for city employees.
COUNCIL MAIL
Except when mail is marked “confidential”, the City Manager is authorized to receive and open
all mail addressed to Councilmembers, and to give it immediate attention. Mail specifically
marked “personal” or “confidential” will be transmitted to the Councilmembers unopened.
Administrative business referred to in mail opened by the City Manager and not requiring
Council action is promptly attended to and Councilmembers are informed of both the issue and
its disposition.
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South San Francisco City Council Procedures and Protocols Handbook Any communication relating to a matter coming or pending before the Council will be included
in the agenda packet for the meeting at which the item is to be considered.
STAFF ASSISTANCE
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and
City Staff, which analyze problems and issues, make recommendations, and implement and
administer the Council’s policies. Therefore, every effort should be made to be cooperative and
show mutual respect for the contributions made by each individual for the good of the
community.
In order to effectively discharge the responsibilities of elected office, Councilmembers are
entitled to receive assistance from city employees. It is the role of Councilmembers to pass on
concerns and complaints on behalf of their constituents. It is not, however, appropriate to
pressure staff to solve a problem in a particular way. It is also recognized that under the
Council/Manager form of government, the City Manager has the responsibility of day-to-day
affairs of the City, consistent with established Council policy.
Requests and questions of City staff should be directed only to the City Manager or designee.
The City Manager should be copied on any request to Department Heads. Council Members
should not set up meetings with department staff directly, but work through the City Manager’s
Office. Routine, easily retrievable information will be provided to a requesting Councilmember
as expeditiously as possible.
Any request, which would require more than one hour of staff time to research a problem or
prepare a response, will need to be approved by the full council to ensure that staff resources are
allocated in accordance with overall council priorities. Once notified that a request for
information or staff support would require more than one hour, the Council Member may request
that the City Manager place the request on an upcoming Council agenda or request consent from
the Council at an upcoming Council meeting during Council/Comment requests portion of the
meeting.
Councilmembers are not permitted to direct the activities of city staff. Avoid any staff
interactions that may be construed as trying to shape staff recommendations. Council Members
shall refrain from coercing staff in making recommendations to the Council as a whole.
All critical comments about staff performance should only be made to the City Manager through
private correspondence or conversation.
Councilmembers serving on intergovernmental bodies receive the assistance of staff assigned by
the City Manager. The primary responsibility of assigned staff is to review issues before the
intergovernmental body as they may affect the City and advise and assist the Councilmember in
presenting issues.
Requests for assistance for speech and correspondence preparation should be made through the
City Manager. Administrative assistance is made available for the preparation of written
materials. Each member of the Council is given equal consideration. However, since it is the
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South San Francisco City Council Procedures and Protocols Handbook Mayor's responsibility to correspond with persons and organizations on behalf of the City, the
correspondence work of the Mayor is given priority.
Correspondence to political organizations or persons in support of pursuit of political office is
not to be prepared using city resources.
COUNCIL CONDUCT WITH STAFF
Treat All Staff as Professionals: Clear, honest communication that respects the abilities,
experience, and dignity of each individual is expected. As with Council colleagues, practice
civility and decorum in all interactions with City staff.
Do Not Attend Staff Meetings Unless Requested by Staff: Even if the Council Member does not
say anything, the Council Member’s presence may imply support, show partiality, intimidate
staff, or hampers staff’s ability to do its job objectively
Political Support from Staff During Elections: During the time period between the close of the
candidate filing period and the related election, certain guidelines apply. First, staff shall not,
except as provided herein, compile or distill information in response to request for information
from a candidate for elective city office including a sitting elected official. Second,
Councilmembers and other elected city officials may continue to request information that
requires the creation of new documents or distillation of data if the request for such data is
presented to and approved by the Council. Third, any public information provided to a candidate
for an elected city office shall be provided to all candidates for that office. In addition, some
professionals (e.g., City Manager and the Assistant City Manager) have professional codes of
ethics, which preclude politically partisan activities or activities that give the appearance of
political partisanship.
Responses to a Councilmember’s request for information shall be distributed to all
Councilmembers.
EQUIPMENT AND SUPPLIES PROVIDED TO CITY COUNCIL
The City provides Councilmembers with a computer, cellular telephone, iPad and a credit card.
The City Council should use city-provided equipment consistent with the City Council policy for
use of telecommunications equipment. Appendix 5: City Council Policy for use of
telecommunication equipment. City issued credit cards shall only be used for city expenses.
Councilmembers should submit receipts for their expenditures to the City Manager’s office and
should make a notation as to the nature of the expense. The City will not reimburse
Councilmembers for the cost of attendance to any political event.
REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS
Requests by Councilmembers to have items included on the agenda should be made to the City
Manager. Any Councilmember may request the City Manager or the City Attorney prepare a
proposed ordinance.
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South San Francisco City Council Procedures and Protocols Handbook Any Councilmember may request a written legal opinion from the City Attorney directly, or may
make the request through the City Manager.
All proposed ordinances or written legal opinions will be distributed to all members of the
Council so that all Councilmembers may be fully informed of city matters. A Councilmember
with a conflict of interest on the particular issue shall not be provided a copy of the opinion or
ordinance.
CITY SEAL
The term "city seal" is used to refer to two different items: the official corporate seal and the city
logo which appears on business cards, letterhead, and so forth.
The corporate seal, which is in the custody of the City Clerk, is a stamp which leaves a visible
and tactile impression upon a document. The seal is circular, has a two-inch diameter and the
words "Seal of the City of South San Francisco Incorporated September 19, 1908". Use of the
corporate seal is mostly a matter of custom and ceremony.
The city logo appears frequently and is what most people identify as the city seal. It is circular,
exists in a variety of sizes, says "City of South San Francisco California" and has a detailed
rendering of city scenes in the center. It is used to associate items and materials with the City
and is not to be used in any manner which would imply the official sanction of the City when
such is not the case. For other than official city business or city-related activities, the logo/seal
may not be used to imply that a user represents or is in any way officially associated with the
City except by specific written authorization of the City Manager.
CONCURRENT ROLES
Members of the City Council serve as members of other entities operating on behalf of South
San Francisco.
Successor Agency to the Redevelopment Agency
The former Redevelopment Agency was established in 1979 and dissolved on February 1, 2012.
Pursuant to Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s
Community Redevelopment Law (Health and Safety Code sections 330000 et seq.) (“Dissolution
Law”), the members of the City Council serve as the members of the Successor Agency to the
former Redevelopment Agency of the City of South San Francisco (“Successor Agency”).
Dissolution defines the roles and duties of the Successor Agency.
Recreation and Park District
Originally established in 1950 as the Park, Recreation and Parkway District, this entity was
reorganized as the Recreation and Park District in 1961 in conformance with Public Resources
Code Section 5780 et seq. The City Council serves as the board of directors, which may
organize, promote, conduct and advertise programs of community recreation, establish, maintain
and operate recreation centers, parks and parkways, and provide transportation services.
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South San Francisco City Council Procedures and Protocols Handbook Willow Gardens Parks and Parkways Maintenance District
The City Council is the governing body for the City’s share of the property tax allocated towards
the Willow Gardens Parks and Parkways Maintenance District, and the City Council serves as
the board of directors of this district.
South San Francisco Public Facilities Financing Authority
The City Council is the governing body of the authority. The authority shall be a public entity
separate from the City and Parking Authority as established in the joint exercise of powers
agreement, which may assist in the financing and refinancing of capital improvement projects of
the members and other activities of the members as permitted.
CONFLICT OF INTEREST
The City is required to adopt a Conflict-of-Interest Code, which is reviewed every two (2) years
and amended when circumstances change. (Government Code Sections 87300-87313),
Councilmembers are prohibited by law (1) from having a financial interest in contracts made by
them in their official capacity or by the Council (Government Code Section 1090 et seq.) and (2)
from making, participating in making, or in any way attempting to use their official positions to
influence a governmental decision in which they know or have reason to know they have a
financial interest. (Political Reform Act, Government Code Section 87100 et seq.) Contracts
entered in violation of conflict-of-interest provisions are void, and financial penalties are
imposed for the failure to disclose.
Whenever the Council is about to commence consideration of a matter and a member has or has
reason to believe he or she has a conflict of interest, the reason must be disclosed on the record, a
statement of intent to abstain must be made, and the Councilmember must leave the Council
seating area and refrain from participation on the item. Once a year, and within thirty (30) days
of assuming office, Councilmembers must file disclosure statements indicating potential
conflicts of interest for both the Councilmember and the Councilmember’s spouse and dependent
children.
Councilmembers unsure about potential conflicts are encouraged to discuss such issues with the
City Attorney in advance of the Council meeting for which the item is scheduled. While the City
Attorney will advise Councilmembers on conflict-of-interest issues, only the Fair Political
Practices Commission, by written letter, can confer immunity from subsequent enforcement
action.
Councilmembers may occasionally desire to assist in soliciting donations on behalf of a city-
sponsored event. In such circumstances, the Councilmember and Council should follow the
process set forth in California Code of Regulations Section 18944.2. Appendix 6: Solicitation of
Donations.
BROWN ACT
The Brown Act, (Government Code Section 54950 et seq.) authored by Assemblyman Ralph D.
Brown in 1953, focuses on keeping the public business in the public's eye and governs many of
the processes which must be followed with regard to notices, agendas, and the conduct of
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South San Francisco City Council Procedures and Protocols Handbook meetings. It attempts to strike a balance between public access to the activities of a public body
and the need for candor, debate and information gathering.
With few exceptions, the law provides that all of the deliberative processes be open and available
for public scrutiny. It defines meetings broadly as a gathering of a quorum where business is
discussed or transacted. An informal gathering, such as a social event, is not a meeting unless
official business is discussed. Among Councilmembers, a series of telephone calls, emails or
texts, a conference call, mass emailing or texting or any other informal session in which
substantive matters are discussed, may constitute a meeting under the Act. A series of telephone
calls, emails or texts, either by one Councilmember to all of the others or one by each
Councilmember as a link in a chain may be determined to be a meeting if substantive matters are
discussed.
As part of the notice requirements, the Brown Act requires the posting of an agenda, at least
seventy-two (72) hours prior to a regular meeting, containing a brief general description of each
item of business to be transacted. As of January 1, 2019, Assembly Bill 2257 (“AB 2257”)
requires online posting of an agenda for a meeting. No action may be taken on any item not
appearing on the posted agenda. "Action taken" is defined as a vote, collective decision,
commitment or promise by a majority of the body. According to the Attorney General, an item
which is merely discussed, with no decision as to how the matter should be resolved, would not
constitute taking action. Similarly, brief discussions of procedural or preliminary matters which
are not substantive in nature (e.g. instruction to staff to report back, scheduling of meetings and
items) are not prohibited. A standing committee of the City Council is also subject to the Brown
Act notice requirements.
There are several exceptions to the agenda requirement. First, action may be taken on a matter
determined to be an emergency. Second, if at least two-thirds of the Councilmembers (i.e.
effectively four members) approve, an item may be included on the agenda if the need to take
action arose after the agenda was posted. Or, if less than two-thirds of the Councilmembers are
present, a unanimous vote of those present is needed to include the item that requires immediate
action. Third, action may be taken on an item which was previously posted in connection with a
meeting which occurred no more than five (5) days prior, provided the prior meeting was
adjourned to the new date.
Under the Brown Act, the Mayor or three members of City Council may call a special meeting
by providing twenty-four (24)-hour advance notice to all of the Councilmembers and to all media
representatives who have requested notice in writing. The notice may be delivered personally or
by any other means. The notice must state the time, place, and business to be transacted with an
opportunity for the public to address the Council on that item. The notice must be posted in a
public and freely accessible location. No other business may be considered at a special meeting.
Emergency meetings may be held if there is a work stoppage or other activity which severely
impairs public health, safety or both, or if there is a crippling disaster. The twenty-four (24)-
hour notice and posting is not required in such situations; however, newspapers radio and
television stations must be notified at least one (1) hour prior to the meeting, if telephone service
is still available.
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South San Francisco City Council Procedures and Protocols Handbook Closed sessions are permitted in a limited number of instances, subject to specific rules and
regulations. Though closed sessions are permitted, they must be included on the regular or
special meeting agenda with a brief description of the matters to be discussed. Specific language
to describe the actions to be discussed is statutorily defined and, when used, ensures compliance
with the Brown Act. (See Government Code Sections 54954.5; 54956 et. seq.; 54957 et. seq.)
Closed session may not occur in an “emergency meeting” unless agreed to by a two-thirds vote
of the Councilmembers present (i.e. four members), or, by a unanimous vote if less than two-
thrids of the Councilmembers are present. (Gov. Code § 54956.5(c)).
Permitted Closed Sessions
A summary listing of permitted closed session items under the Brown Act include:
1. License applicants with criminal records
2. Real Estate Negotiation
3. Conference with Legal Counsel on Initiation of Existing and Anticipated
Litigation
4. Liability Claims
5. Threats to Public Services or Facilities (public security)
6. Personnel Matters (public employee appointment, termination, discipline, etc.)
7. Labor Negotiations
The Brown Act requires the disclosure of certain items decided in closed session meetings.
Minutes may be taken during closed session but they are not considered part of the public record.
If there is an approval of agreements concluding real estate negotiations and the City finalizes
the agreement, the report given in open session, during the same meeting, must include the
approval action taken, a voting tally and the substance of the agreement. If the other party
finalizes the agreement, it must include the same information but is given as soon as the other
party informs the City of its approval.
In an approval of a litigation defense, appellate review or amicus curiae participation, the report
must include the approval action, adverse parties (when known), litigation substance and the
voting tally. The approval is reported in open session, during the same meeting. If approval to
initiate or intervene in litigation is granted, the report given in open session during the same
meeting, must include the decision to take action and intended action to be taken. After the
action has started and if the disclosure does not jeopardize the City’s legal position the disclosure
given only upon inquiry, must include the approval action, the voting tally, defendant(s) and the
substance of the litigation. If the City’s ability to affect service or to conclude existing
settlement negotiations would be compromised by disclosure, the City does not have to do so
until the conclusion of the matter. When the matter is concluded, the City must disclose, only
upon inquiry, the same as above.
When pending litigation settlements are approved, if the City finalizes a signed settlement offer,
the report given in the open session, during the same meeting, must include the acceptance
action, the voting tally, and the substance of the agreement. If the other party or a court must
finalize the agreement, the disclosure occurs when the settlement is finalized, and includes the
same information.
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South San Francisco City Council Procedures and Protocols Handbook
With a disposition of Joint Powers Agency claims, the report includes a voting tally, the name of
the claimant, the name of the local agency claimed against, the substance of the claim and the
monetary amount approved for payment (if any). The report is made as soon as the disposition is
reached.
For actions affecting the employment status of public employees, twenty-four (24) hours before
the meeting the employee must be informed of the charges, and of the right to hear the charges in
open session. When a decision is reached in closed session, the report must include action taken
that affects the employment status, the voting tally and the title of the position. If the action
taken is a dismissal or a nonrenewal of a contract, the report will be deferred until the employee
has an opportunity to exhaust all administrative remedies. Otherwise, the report will be given in
the open session, during the same meeting.
For agreements concluding labor negotiations, the report is required after the agreement is
finalized and ratified. The report must include the item approved, the voting tally, and the other
party.
Violation of the provisions of the Brown Act can result in criminal penalties, the imposition of
civil remedies, and the award of attorney's fees. Attendance at a meeting at which a violation
occurs and action is taken when there is knowledge by the official that a violation is occurring,
can result in misdemeanor liability. The available civil remedies are injunction, mandamus or
declaratory relief, as well as allowing recordings of closed sessions. The remedies are designed
to prevent further or future violations and do not require knowledge or action be taken. Before a
suit can be initiated, however, the complainant must make a written demand to the City Council
to correct or cure the violation, and the Council must fail to do so.
An action taken by the Council during a time of alleged Brown Act violations is not
automatically null and void. If the actions were in "substantial compliance" with the law, or if
they related to the sale of bonds or the issuance of contracts, those actions would still be valid.
If a violation is found and attorney's fees are awarded, the award is against the City and not
against the individuals who violated the law. If someone brings an action against the City and
the City prevails or the action is determined to be frivolous and without merit, the City may be
awarded its attorney's fees.
For a more detailed discussion of Brown Act provisions and requirements including relevant
case law, please refer to the publication prepared by the First Amendment Coalition, a copy of
which is available for review in the City Council’s Office. The publication referenced herein is
for information purposes only and does not impose any obligations on the City Council that do
not otherwise exist under California law.
MEETINGS
The City Council holds various types of meetings. All meetings of the City Council (except
closed sessions held pursuant to state law) are open to the public.
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South San Francisco City Council Procedures and Protocols Handbook Quorum
A majority of the Council in office constitutes a quorum for the transaction of business, but a
lesser number may adjourn from time to time and may compel by a notice the attendance of
absent members refusing or neglecting to attend meetings under Government Code Section
36813. Disobedience of the notice may be punished at the discretion of the Council by a fine.
The notice may be by any means giving actual notice to appear and may be given by the City
Clerk or any person authorized by the Council.
When there is no quorum, the Mayor, Vice-Mayor, or any Councilmember may adjourn a
meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting.
Regular Meetings
Regular meetings are held on the second and fourth Wednesdays of each month at 6:00 p.m. in
the Council Chambers of the Municipal Services Building, 33 Arroyo Drive, South San
Francisco, CA. In the event it becomes necessary to change the place of the meeting, public
notice must be given by posting the change at the entrance to the regular meeting place.
Whenever any regular meeting falls on a public holiday, the regular meeting is held on the
following business day. The Successor Agency meets the second Wednesday of each month, in
the same location, starting at 6:30 p.m.
Special Meetings
A special meeting may be called at any time by the presiding officer or by a majority of the
Councilmembers, by delivering written notice twenty-four (24) hours in advance to each member
of the Council by personal delivery or any other means that ensures receipt, and to each local
newspaper of general circulation, radio, and television station requesting notice in writing.
Written notice may be dispensed with for any member who at or prior to the time the meeting
commences files a written waiver of notice or for any member who is actually present at the time
the meeting convenes. Notice of the meeting must be posted at least twenty-four (24) hours prior
to the special meeting in a location freely accessible to members of the public. Only business
described in the notice may be transacted and the notice requirements apply even if the entire
meeting is a closed session.
Emergency Meetings
An emergency meeting dealing with matters upon which prompt action is necessary due to the
disruption or threatened disruption of public facilities may be held without complying with either
the twenty-four (24) hour notice or posting requirements. However, the presiding officer must
inform any newspaper and radio or television station who requested notice of special meetings
one (1) hour prior to the emergency meeting, if possible. After the meeting, the Council must
post the minutes, the people notified of the meeting, the roll call vote and any action taken. This
information must be posted in a public place for ten (10) days.
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South San Francisco City Council Procedures and Protocols Handbook Adjourned Meetings
The City Council may adjourn any meeting to a later time, date and place. If the subsequent
meeting is conducted within five (5) days of the original meeting, matters on the agenda for the
original meeting may be considered at the subsequent meeting. Less than a quorum may
adjourn. A copy of the order or notice of adjournment must be conspicuously posted on or near
the door of the place where the meeting was held within twenty-four (24) hours after the time of
the adjournment. When an order of adjournment of any meeting fails to state the hour at which
the adjourned meeting is to be held, the meeting is held at the usual hour specified for regular
meetings. No adjournment may be for a longer period than the next regularly scheduled
meeting.
Closed Sessions
Closed sessions, sometimes called executive sessions, are duly held meetings or portions of
meetings, which are not open to the public and news media. Closed sessions must be held in
accordance with the provisions of the Brown Act. Matters discussed in closed session are
considered confidential. The Council may vote to sanction any Councilmember the City
Manager or City Attorney who, without authorization, discloses the substance of any discussion
which took place during a closed session.
Additionally, attendance at a closed session should be limited to those actually necessary to
advise or take direction from the Council. This may include the City Attorney, senior
management staff, experts, negotiators or consultants. Third parties not serving as agents of the
City cannot attend, with the exception of witnesses in the event of a closed session to hear
charges or complaints under Government Code Section 54957.
Study Sessions
Study sessions or work sessions, if needed, are generally held at City Hall in the main conference
room on the third Wednesday of each month and generally begin at 5:00 p.m. Study sessions are
considered special meetings pursuant to the Brown Act. The time and location for such sessions
may be changed by the City Manager with appropriate notice. Study/work sessions are open to
the public and are meetings for the purposes of the Brown Act, but such sessions are not intended
to constitute regular meetings. Usually, at such sessions, no motions are to be offered and no
formal action is to be taken. The primary purpose of such sessions is to provide background
information to members of the Council. Public comments at study sessions are limited to the
subject of the study session and will be received during the public comments section of the study
session.
Teleconference Meetings
The City Council Procedures provisions concerning Teleconference meetings shall apply to City
Council members. Requests by Council Members to attend a Council meeting via telephonic
appearance are actively discouraged. Telephonic attendance shall be permitted not more than 3
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South San Francisco City Council Procedures and Protocols Handbook times a year. In addition, at least a quorum of the Council must participate from a location within
the City (Government Code Section 54953(b)(3)).
If these two threshold requirements are met, the Council Member who will be appearing
telephonically must ensure that:
∗ The meeting agenda identifies the teleconference location and is posted at that location in
an area that is accessible and visible 24 hours a day for at least 72 hours prior to the
meeting.
∗ The teleconference location is open and fully accessible to the public, and fully accessible
under the Americans with Disabilities Act, throughout the entire meeting. These
requirements apply to private residences, hotel rooms, and similar facilities, all of which
must remain fully open and accessible throughout the meeting, without requiring
identification or registration.
∗ The teleconference technology used is open and fully accessible to all members of the
public, including those with disabilities.
∗ Members of the public who attend the meeting at the teleconference location have the
same opportunity to address the Council from the remote location that they would if they
were present in Council Chambers.
∗ The teleconference location must not require an admission fee or any payment for
attendance.
∗ If the meeting will include a closed session, the Council Member must also ensure that
there is a private location available for that portion of the meeting.
If the Council Member determines that any or all of these requirements cannot be met, he or she
shall not participate in the meeting via teleconference.
Approved Teleconference Guidelines for Council Members:
∗ Five days written notice in advance of the publication of the agenda must be given by the
Council Member to the City Clerk’s office; the notice must include the address at which
the teleconferenced meeting will occur, the address the Council packet should be mailed
to, who is to initiate the phone call to establish the teleconference connection, and the
phone number of the teleconference location. If cellular telephones are used to participate
in teleconferenced meetings, Council members need to ensure the speaker phone option
is functioning.
∗ The Council Member is responsible for posting the Council agenda in the remote
location, or having the agenda posted by somebody at the location and confirming that
posting has occurred. The City Clerk will assist, if necessary, by emailing or mailing the
agenda to whatever address or fax number the Council Member requests; however, it is
the Council Member’s responsibility to ensure that the agenda arrives and is posted. If the
Council Member will need the assistance of the City Clerk in delivery of the agenda, the
fax number or address must be included in the five-day advance written notice above.
∗ The Council Member must ensure that the location will be publicly accessible while the
meeting is in progress.
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South San Francisco City Council Procedures and Protocols Handbook ∗ The Council Member must state at the beginning of the Council meeting that the posting
requirement was met at the location and that the location is publicly accessible and must
describe the location.
Virtual Council Meetings
During the novel coronavirus pandemic, the city used a virtual meeting tool that allowed the City
Council, Council Boards, Commissions and Committees to continue to hold meetings and
provide a way for the public to participate in meetings. Recognizing that public participation is a
critical component of the civic process and valuing the input it receives from members of the
public during meetings. The City established a Remote Public Participation Policy outlining
roles and responsibilities to host virtual meetings.
Councilmembers should endeavor to always have their video on so that the public, staff, and
colleagues can see that they are listening. A minimum of three members must be on video to
constitute a quorum. Brief turnoffs are understandable and permitted, but for example, having
video off throughout public comments and then turning it back on when it is time for
Councilmembers to speak is not appropriate for a public meeting. The Chair will strive to give
ten-minute breaks every two hours.
Meeting Cancellation
Any meeting of the Council may be cancelled in advance by a majority of the Council. The City
Manager may cancel a meeting in the case of an emergency or when a majority of members have
provided notice of their unavailability to attend a meeting.
CONDUCT OF MEETINGS
The Council should refer to one another formally during Council meetings as Mayor, Vice-
Mayor or Council Member followed by the individual’s last name. Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and information are legitimate
elements of a free democracy in action. Be respectful of diverse opinions. Council Members
have a public stage to show how individuals with disparate points of view can find common
ground and seek a compromise that benefits the community as a whole. Council Members are
role models for residents, business people, and other stakeholders involved in public debate.
Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the
following order. The City Manager, with prior approval of the Mayor, is authorized to make
changes to the agenda of the Council, and the City Clerk shall publish the agenda. The City
Council may take matters up out of order upon approval by a majority vote of those present:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
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South San Francisco City Council Procedures and Protocols Handbook 4. Agenda Review
5. Announcements from staff
6. Presentations
7. Public Comments
8. Council Comments/Requests
9. Consent Calendar
10. Public Hearing
11. Administrative Business
12. Items from Council – Committee Reports and Announcements
13. Closed Session
14. Adjournment
Call to Order and Roll Call
The presiding officer takes the chair at the hour appointed for the meeting and calls the Council
to order. Before proceeding with the business of the Council, at the request of the presiding
officer, the City Clerk calls the roll. In the absence of the Mayor and the Vice-Mayor, the City
Clerk calls the Council to order, whereupon a temporary presiding officer is elected by a
majority of the Councilmembers present. Upon the arrival of the Mayor or the Vice-Mayor, the
temporary presiding officer relinquishes the chair at the conclusion of the business then before
the Council.
Order of Business
Unless the reading of minutes is requested by a Councilmember, minutes may be approved
without reading as part of the consent calendar if each Councilmember has previously received a
copy. Thereafter, the order of business is as presented on the Council agenda, prepared at the
direction of the City Manager. With the approval of a majority of the Council, an item may be
taken out of order. Appendix 2: Sample guide to conducting Council meetings.
Continued Items
Any item or hearing may be continued to any subsequent meeting in accord with the procedures
set forth for the adjournment of meetings. If a hearing is continued to a time less than twenty-
four (24) hours after the time specified in the original hearing notice, a copy of the notice of
continuance of the hearing must be posted immediately following the meeting at which the
determination to continue the matter was made.
Introduction of Items After 11:00 PM
The City Council makes every effort to end its meetings before 11:00 p.m. The Council also
generally does not take up new matters after 11:00 p.m. The meeting shall continue only on the
matter being discussed and the remaining items on the agenda shall be carried over, unless the
Council chooses to take up new items.
Presentations
The total amount of time for all presentations shall not exceed fifteen minutes per meeting
unless otherwise approved by the Council.
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South San Francisco City Council Procedures and Protocols Handbook
Councilmember Participation
Every Councilmember desiring to speak addresses the chair, and upon recognition by the
presiding officer, may speak on the matter before the Council. A member, once recognized,
shall not be interrupted when speaking unless it is to call the person to order. If a member, while
speaking, is called to order, the member shall cease speaking until the question of order has been
determined, and, if in order, the member shall be permitted to proceed. Questions of staff should
be directed through the chair.
Public Participation
Any person desiring to address the Council on any item on the regular meeting agenda may do so
at the time designated for that item after first being recognized by the presiding officer. Any
person desiring to address the Council on an item on the consent calendar or on an item not on
the agenda may do so at the time designated on the agenda as "Public Comments" after first
being recognized by the presiding officer. Individuals speaking under “Public Comments”
generally are limited to three (3) minutes. In compliance with Assembly Bill 1787 (“AB 1787”),
which requires local agencies to provide at least twice the allotted time for public comment to
speakers who require translation services. When a member of the public is addressing the
Council or one of its Committees, and when time limits have been placed on public comments,
the Mayor or Vice-Mayor, shall allow persons requesting interpretation assistance, by another
individual, to testify for twice the amount of the time limit, thereby providing uniform time for
the speaker’s testimony, as well as the time necessary for the interpretation of the testimony for
the benefit of the Council and the public.
Individuals speaking under “Public Comments” are limited to topics on the consent calendar or
on items that are not otherwise on the agenda. It is acknowledged that individuals may wish to
address the Council under “Public Comments” for the purpose of obtaining general information
or receiving responses to specific questions.
In general, the Mayor shall ascertain whether the Council or staff is able to provide the requested
information immediately. If this is not possible because the information is not readily available,
the matter may be referred to staff for a written response. Unless the matter raises issues of an
extraordinary nature, it is expected that a response will be presented to the Council by its next
regular meeting. If it is not possible to do so by this date, the Council will be advised as to when
a response will be forthcoming.
Speakers at meetings are requested, but not required, to identify themselves and fill out cards
placed near the public microphone. The information is used to help prepare the minutes of the
meeting. All remarks should be addressed to the Council as a body and not to any individual
member. Time limits may be imposed upon speakers. No person, other than the
Councilmembers and the person having the floor, should be permitted to enter into any
discussion, either directly or through a member of the Council, without the permission of the
presiding officer. No question is to be asked a Councilmember or staff member except through
the presiding officer. After a motion is made by the Council, no person shall address the Council
without first securing the permission of a majority of the Councilmembers present to do so.
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South San Francisco City Council Procedures and Protocols Handbook
Decorum
While the Council is in session, the Councilmembers must preserve order and decorum, and no
Councilmember should, by conversation or otherwise, delay or interrupt the proceedings or the
peace of the Council nor disturb any Councilmember while speaking, or refuse to obey the orders
of the Council or other presiding officer.
The United States Constitution and California Constitution protect individuals’ rights to free
speech and expression. Accordingly, the City can only remove an individual if they are actually
disrupting a meeting. Courts have struck down rules of decorum that allow for removal of a
speaker for personal attacks, slanderous speech, or insolent behavior when such conduct did not
actually disturb the meeting. Courts hold that a “disruption” means something more than a bare
violation of a rule of decorum. For example, an expressive sign or the use of profanity, by
themselves, do not warrant removal from a meeting. The conduct must cause the meeting to be
disrupted or impede the City from conducting its business. Courts often measure whether
something is a disruption by its effect on the audience, and not by its effect on members of the
legislative body.
Given these restrictions on being able to remove a speaker, the Chair should be careful to ensure
that the following steps are applied to all speakers equally, regardless of their particular
viewpoints:
1. Reminder to the Speaker or Audience Member: If a speaker goes beyond his or her
allotted time, continues to speak on matters unrelated to District business or otherwise
violates the rules on public comment, it is appropriate to remind the speaker of the City’s
rules on public comment. A reminder to an audience member who violates the rules by
calling out or interrupting a speaker is also recommended.
2. Direction to the Speaker: If a speaker continues to violate the rules on public comment
by exceeding his or her time, speaking on topics unrelated to City business or otherwise,
the Chair should request the speaker to finish his or her comments and allow for the next
speaker to address the Council.
3. Declare a Violation of the Rules on Public Comment and Request a Police Officer to
Escort the Speaker to His or Her Seat: If the speaker continues to violate the time or
topic regulations and the Council is impeded from continuing its business, the Chair
should:
a) Inform the speaker that he or she has failed to comply with the rules;
b) Inform the speaker that he or she is impeding City business by violating the public
speaking rules; and
c) Request the City Manager, or his designated Sergeant-at-Arms, to escort the speaker
to his or her seat.
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South San Francisco City Council Procedures and Protocols Handbook
4. Instruct the Sergeant-at-Arms to Remove the Individual or Arrest The Individual If
He or She Refuses to Leave: If the speaker refuses to comply with Step 3, the Chair
should:
(a) Declare that the individual is disrupting the meeting and impeding City business, and
(b) Instruct the City Manager, or his designated Sergeant-at-Arms, to remove the
individual from the room and arrest the individual if he or she refuses. This should
occur on the record.
(c) The Chair then proceeds immediately to Step 5.
(d) The individual should be informed by the Sergeant-at-Arms that: If he or she refuses
to comply with the request to leave the meeting room, He or she will be escorted out
of the meeting room by officers and ordered to not return; or
5. Immediately Invite a Motion for a Recess: After instructing the Sergeant-at-Arms, the
Chair should invite a motion for a ten-minute recess. Council members should leave the
dais area and allow for the officer to communicate with the individual.
6. Continuing Disturbances: If an actual disturbance is caused by one person or a group,
such that order cannot be restored by the Chair after following the above steps, the Chair
should:
(a) Declare on the record that an actual disturbance has occurred;
(b) Order the room to be cleared by the Sergeant-at-Arms and his or her designees;
(c) Allow any members of the public and the press who did not take part in the
disturbance to return to the meeting room; and
(d) Continue the meeting.
Cellular telephones or any other telecommunications device should be in the silent mode or
turned off during the City Council meeting.
Literature distribution or petition circulation is not permitted when Council is in session. Such
activity may occur outside the meeting room, provided access is not blocked.
The Chief of Police or the representative of the Chief of Police is the ex officio sergeant-at-arms
of the Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given
by the presiding officer for the purpose of maintaining order and decorum in the Council
Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-
arms to eject any person, place the person under arrest or both.
As set forth in Government Code Section 54957.9, in the event any meeting is willfully
interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible,
and order cannot be restored by the removal of individuals who are willfully interrupting the
meeting, the presiding officer may order the meeting room cleared and continue in session.
Smoking Prohibited
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South San Francisco City Council Procedures and Protocols Handbook It is unlawful for any person to smoke in any room in which a Council meeting open to the
public is being held.
COUNCIL ACTIONS
Several different types of action may be taken by the Mayor and/or the City Council.
Proclamations
Proclamations are issued by the Mayor without formal action by the Council. Proclamations are
public announcements directing attention to a person, an organization or event, such as Citizen of
the Year, a retiring employee, Girl Scout Week, or International Year of the Child.
Proclamations will be issued to Board and Commissioner members who have served the
authorized maximum number of terms to acknowledge their contributions to the City of South
San Francisco. Proclamations may be requested by any member of the Council.
Commendations/Certificates of Recognition
Commendations/Certificates of Recognition are acknowledgements of the activities of a person
or organization, issued by the Mayor or by all Councilmembers without formal action being
taken. Commendations/Certificates of Recognition typically acknowledge exceptional endeavors
or are given to departing Board and Commission members and Councilmembers and are
presented at an appropriate function or Council meeting.
Ordinances
Legislative acts of the City Council are known as ordinances. Ordinances may be general or
special, depending upon their effect. Those which relate to the health, safety, and welfare of the
community and are intended for long-term application throughout the city are known as general
ordinances. Special ordinances are those with limited application. General ordinances are
codified in the South San Francisco Municipal Code. Subject to certain state law exceptions,
most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent
meeting.
An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance,
(2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to
impose regulations on persons or property which impose a penalty by fine, imprisonment or
forfeiture for the violation.
Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to
the Council when ordered by a majority vote of the Council, or when requested by the Mayor or
the City Manager, or when prepared on the City Attorney's own initiative.
Resolutions
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South San Francisco City Council Procedures and Protocols Handbook
Resolutions are Council actions which become effective upon adoption and encompass the
business not addressed through ordinances. They are typically used to handle routine business
and administrative matters requiring some type of formal memorialization. Resolutions are used
for various reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another agency, or where the frequency of future
reference back to its contents warrants a separate document to facilitate reference and research.
Motions
The least formal of Council actions, motions typically are used for procedural matters (such as to
continue items) or for administrative matters (such as to accept reports). An adopted motion is
as legally effective and binding as an adopted resolution but generally is recorded simply as an
item entry in the minutes.
Minute Orders
A minute order is a brief notice documenting an action taken by the Council and distributed
subsequent to the meeting at which the action is taken. It is used only occasionally, generally
when the Council wishes to provide notice other than in the minutes that it adopted a particular
motion.
Finality of Administrative Actions
For the purpose of judicial review, all administrative actions by the City Council become final on
the date taken, except where (1) state or local law provides that the action becomes final on a
later date; or (2) a request for reconsideration is made in a timely fashion.
MINUTES
The preparation of accurate intelligible minutes is the responsibility of the City Clerk. In general,
action minutes are used to record proceedings. Action minutes contain very little narrative. The
record focuses on who spoke and the motions and votes. Recordings are used in order to serve a
number of administrative, legal and historical functions and to provide a verbatim record of
meetings. Failure to record does not affect the validity of any proceedings or action taken by the
Council.
The City Clerk may be directed by the presiding officer, with the consent of the Council, to enter
in the minutes a synopsis of the discussion of any matter coming before the Council. The
synopsis should be in complete sentences.
A Councilmember may request, through the presiding officer, the privilege of having a
previously prepared written abstract summarizing the major points of his or her statement on any
subject under consideration entered into the minutes. If the Council consents, such an abstract is
entered into the minutes.
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South San Francisco City Council Procedures and Protocols Handbook
Items such as letters which individuals request "to have entered into the record" are referred to
in, but do not become a part of, the minutes. Changes in substantive matters may be made only at
the direction of a majority of the Council. Clerical corrections are to be made when discovered
in order to maintain accuracy.
BASIC PROCEDURES - MAIN MOTIONS
In conjunction with the agenda for a Council meeting, business is brought before the City
Council by the motion of a member. A motion may itself bring a subject to City Council's
attention or it may follow the presentation of a report or other communication. A motion is a
formal proposal that the City Council take a certain action.
The proposed action may be of a substantive nature, or it may consist in expressing a certain
view, or directing a specific investigation and report back, or the like.
The basic form of motion, the form which brings business forward, is known as a "main motion".
The main motion sets a pattern from which all other motions are derived.
The steps by which a motion is normally processed are (1) a member makes (or moves or offers)
a motion, (2) another member seconds the motion and (3) the chair states the motion. After a
main motion is made and before the question is stated by the chair, any member can informally
suggest one or more modifications in the motion, which the member can accept or reject. Once
stated, the motion is pending and open for discussion/debate. The chair then puts the matter to a
vote and announces the result. If the Council decides to do what a motion proposes, it adopts the
motion; if the decision is against what the motion proposes, the motion is rejected.
Effective January 1, 2014, California Senate Bill 751 amended the Brown Act to require that all
legislative bodies “publicly report” any “action taken” and the vote or abstention on that action
of each member present for the action. “Action taken” is defined in the Brown Act as a collective
decision made by a majority of the members of a legislative body upon a motion, proposal,
resolution, order or ordinance. The Brown Act previously required legislative bodies to report
certain actions taken in closed session. Now, those reporting requirements will extend to actions
taken by legislative bodies in open session.
PARLIAMENTARY PROCEDURE MOTIONS
Processing of Motions
After a main motion is made and seconded, it must be stated by the presiding officer before it
can be debated. Until the presiding officer states the motion, the maker has the right to modify
or withdraw it. Once stated, a main motion may not be withdrawn by the mover without the
consent of the person seconding it.
Precedence of Motions
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South San Francisco City Council Procedures and Protocols Handbook Once the main motion is properly placed on the floor, several related motions may be employed
in addressing the main motion, and if properly made and seconded, must be disposed of before
the main motion can be acted upon.
1. Fix the time to which to adjourn
2. Adjourn
3. Recess
4. Raise a question of privilege
5. Call for the orders of the day (raise a point of order)
6. Lay on the table
7. Previous question (close debate)
8. Limit or extend limits of debate
9. Postpone to a certain time (postpone definitely)
10. Postpone indefinitely
11. Refer or Commit
12. Amend
13. Motion to reconsider
These motions have precedence in the order indicated above, except that a motion to reconsider
has precedence over all motions.
Types of Motions/Purpose
1. Fix the time to which to adjourn. A motion to fix the time to which to adjourn requires a
second, is amendable and is debatable only as to the time to which the meeting is
adjourned. The purpose is to set a time for continuation of the meeting.
2. Motion to adjourn. A motion to adjourn requires a second and is not debatable except to
set the time to which the meeting is adjourned. A motion to adjourn shall be in order at
any time, except as follows:
a. When repeated without intervening business or discussion;
b. When made as an interruption of a member while speaking;
c. When the previous question has been ordered;
d. While a vote is being taken.
3. Motion to recess. A motion to recess requires a second, is amendable, but is not
debatable. Its purpose is to interrupt the meeting and is usually done by Mayor's
declaration.
4. Motion to raise a question of personal privilege. Any Councilmember at any time during
the meeting may make a request of the chair to accommodate needs such as reducing
noise, adjusting heating or cooling system, etc. In situations in which a Councilmember's
integrity, character, or motives are questioned, or to where the welfare of the Council is
concerned, the maker of the motion may interrupt another speaker if the presiding officer
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South San Francisco City Council Procedures and Protocols Handbook recognizes the "privilege". The motion does not require a second, is not amendable, and
is not debatable.
5 Motion to call for the orders of the day. A motion to call for the orders of the day does
not require a second, is not amendable, and is not debatable. Purpose is to require
adherence to the agenda. By a two-thirds vote, the orders of the day may be set aside.
Changes are frequently handled by consensus.
6. Motion to lay on the table. Purpose is to interrupt current business for more urgent
business. A motion to lay on the table requires a second, is not amendable, and is not
debatable. It temporarily suspends any further discussion of the pending motion without
setting a time certain to resume debate. If the motion prevails, and the subject is tabled, a
member must move that the matter be "taken from the table" at the same meeting or at the
next regular meeting of the Council. Otherwise, the motion that was tabled dies,
although any Councilmember may request the subject be placed on an agenda for a later
City Council meeting.
7. Motion to move the previous question. The purpose of this motion is to close debate and
a two-thirds vote is required for passage. A motion to move the previous question must
be made and seconded without interrupting one who already has the floor. It is not
debatable and is not amendable. It applies to all previous motions on the subject unless
otherwise specified by the maker of the motion. If the motion to move the previous
question fails, debate is reopened; if it passes, then a vote is taken on the pending motion.
8. Motion to limit or extend debate. A motion to limit or extend debate requires a second, is
amendable and is not debatable. The motion requires a two-thirds vote. Its purpose is to
limit or extend debate.
9. Motion to postpone to a certain time. A motion to postpone to a certain time requires a
second, is amendable, and is debatable as to propriety of postponement and time set.
Purpose is to postpone the pending question to a specified time.
10. Motion to postpone indefinitely. A motion to postpone indefinitely requires a second, is
not amendable, and is debatable. If the motion is adopted, the principal question shall be
declared lost. The purpose of the motion to postpone indefinitely is to avoid a direct vote
on the main motion. Its correct use is when the intent is not to vote on the matter at all.
It should not be confused with the motion to lay on the table, which is a means of
temporarily bypassing a subject.
11. Motion to refer or commit. A motion to refer requires a second, is amendable, and is
debatable only as to the propriety of referring. The substance of the subject being
referred shall not be discussed at the time the motion to refer is made. Purpose of the
motion is to send subject to another city department, board, commission, committee or
officer for further study and report back to Council, at which time subject is fully
debatable. The motion may or may not contain directions or a return date.
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South San Francisco City Council Procedures and Protocols Handbook 12. Motion to amend. A motion to amend requires a second, is amendable, and is debatable
only when the motion to which it applies is debatable. A motion to amend an amendment
is in order, but one to amend an amendment to an amendment is not. An amendment
modifying a motion is in order, but an amendment substituting a new motion or raising an
independent question is not in order. Amendments take precedence over the main
motion. Amendments to amendments are voted first, then the amendment, then the main
motion as amended.
14. Motion to reconsider. Except for votes regarding matters which are quasi-judicial in
nature or matters which require a noticed public hearing a motion to reconsider any
action taken by the Council may be made during the meeting at which the action was
taken or at an adjourned meeting thereof. A motion to reconsider requires a second, is
debatable, and is not amendable. The motion must be made by a Councilmember who
voted in favor of the motion originally, but may be seconded by any Councilmember. If
the motion to reconsider is successful, the matter to be reconsidered takes no special
precedence over other pending matters. The purpose is to bring back the matter for
review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration
may not be moved more than once on the same motion.
Division of Question
14. Division of question. If the motion contains two or more propositions, each of which is
capable of standing on its own if the others are removed, the presiding officer may, and
upon request of a member shall (unless appealed), divide the motion.
15. Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action
taken with reference to any legislative or administrative matter so long as the action to
rescind, repeal or annul complies with all of the rules applicable to the initial adoption
and no rights have intervened to create an estoppel, unless otherwise specified by law.
16. Suspend the Rules. Any Councilmember may move to suspend the rules if necessary to
accomplish a matter that would otherwise violate the rules. A second and a two-thirds
vote is necessary.
Robert’s Rules of Order
Procedural matters not otherwise covered by either city ordinance, city resolution, state law, or
this handbook, are handled in accord with Robert's Rules of Order. No provision in Robert's
Rules is to be construed to supersede any procedure adopted by the City Council or required by
state law.
It is recognized that Robert's Rules applies to deliberative assemblies, but that the City Council
also functions as a quasi-judicial body. Due process considerations impose certain procedural
requirements and are sometimes different than the provisions of Robert's Rules. For example, a
City Council cannot reconsider or rescind a quasi-judicial decision after the decision is final, in
the absence of statutory authority to the contrary. In addition, the Government Code sometimes
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South San Francisco City Council Procedures and Protocols Handbook imposes different rules, such as providing that the chair does participate in debate. (Section
36803).
Rules adopted to expedite the conduct of business in an orderly fashion are procedural only. The
failure to observe a procedural rule does not affect the jurisdiction of the Council or invalidate
any action taken at a meeting that is otherwise held in conformance with the law.
Parliamentarian
The City Attorney serves as parliamentarian during City Council meetings. The role of the
parliamentarian is advisory and consultative; the chair has the power to rule on questions of
order.
VOTING
Votes are taken by voice or roll call and entered in full upon the record. Votes are by voice vote,
unless a request for a roll call vote is made by any member or the motion requires more than a
majority. During the roll call, it is not in order for any member to explain a vote.
Silence constitutes an affirmative vote. Councilmembers who are silent during a voice vote shall
have their vote recorded as an affirmative vote, except when individual Councilmembers have
stated in advance that they will abstain.
It is the responsibility of every Councilmember to vote unless disqualified. When someone
chooses not to vote, the person in effect "consents" that a majority of the Councilmembers
present may act for him or her.
A Councilmember may change a vote or withdraw an abstention and vote if a timely request to
do so is made immediately following the announcement of the vote and before the next item in
the order of business is taken up.
Disqualification. A Councilmember disqualified because of any financial interest or other
interest proscribed by law, may not participate in the discussion or the vote.
Tie Votes. Tie votes are lost motions. Tie votes may be reconsidered on motion by any member
of the Council voting aye or nay during the original vote. Before a motion is made on the next
item on the agenda, any member of the Council may make a motion to continue the matter to
another date. Any such continuance suspends the running of any time in which action of the City
Council required by law. Any Councilmember may place on an agenda for a subsequent meeting
a matter which resulted in a tie vote.
When less than all Councilmembers are present and a matter under discussion remains
unresolved as the result of a tie vote on all motions made on such matter, the matter is
automatically continued to the next Council meeting.
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South San Francisco City Council Procedures and Protocols Handbook Voting requirements for specific actions. Certain actions require a minimum number of
affirmative votes for approval. These include:
1. Approval of a general plan or specific plan amendment – 3 Affirmative Votes
2. Approval of a Resolution of Necessity – 4 Affirmative Votes
3. Approval of an ordinance or expenditure of funds – 3 Affirmative Votes
4. Approval of an urgency ordinance – 4 Affirmative Votes
5. Approval of a general tax – 4 Affirmative Votes plus Majority Voter Approval
PUBLIC HEARINGS
By their nature, all hearings (except personnel matters) are public. The Council has the
prerogative of conducting a public hearing on any item on its agenda, whether or not the matter
has had formal notice as a public hearing. Certain matters are formally noticed in advance as
public hearings, pursuant to various provisions of state law. Unless otherwise specifically
required by federal, state or local law, all public hearing dates and times are set administratively.
Public hearings tend to be of two types: legislative or quasi-judicial. Legislative hearings
generally result in the adoption of policy or regulation. Quasi-judicial hearings are those in
which the Council applies existing laws (State and/or local) to a particular project or action. For
example, an application for a variance or conditional use permit would involve a quasi-judicial
hearing. Quasi-judicial hearings are also occasionally referred to as an adjudicatory hearing. In
a quasi-judicial hearing, the Council will often make findings based on the facts presented to the
Council.
Formally noticed public hearings generally are conducted in the following format:
a. Staff review
b. Questions of staff by Council
c. Comments from public
d. Questions by Council
e. Discussion by Council
f. Action by Council.
The presiding officer conducts the hearing in such a manner as to provide for freedom of speech
and expression of opinion, subject to the limits of courtesy and respect of others. Comments and
questions from the public are limited to the subject under consideration. Depending upon the
extent of the agenda and the number of persons desiring to speak on an issue, the presiding
officer may limit a speaker's time. Any person speaking may be questioned by members of the
City Council.
In those instances where there is a specific applicant for a matter which is the subject of a public
hearing, the applicant is entitled to make a presentation at the commencement of the public
hearing, and also is entitled to make any concluding remarks just prior to closure of the public
hearing.
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South San Francisco City Council Procedures and Protocols Handbook Councilmembers should not speak on an issue until the public hearing has been closed. Once a
hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a
Councilmember, as addressed through the chair.
When the Council conducts a quasi-judicial hearing, particularly when it is hearing an appeal of
a decision by a Board or Commission, on a case-by-case basis the City Attorney determines if
alternate hearing procedures are necessary and advises the City Council accordingly.
All persons interested in the matter which is the subject of a hearing are entitled to submit
written or photographic evidence relevant to the issue for consideration by the Council, in
addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council
feels that material is relevant but that due to its quantity or complexity there is insufficient time
to fully review it, the hearing may be recessed or continued. All evidence considered by the
Council in reaching its decision must be retained by the City as part of the record, as a
supplement to but not as a part of, the minutes. The Council retains discretion to accept or to
reject new documentation furnished on the night of the Council meeting.
Advocates of a matter before the City Council who furnish documentation on the night of the
Council meeting are expected to furnish sufficient copies for the City Council, City Clerk, and
City Manager. Failure to do so may cause the Council to reject consideration of such
information, or cause the item to be continued.
If a Councilmember has met with a proponent or opponent of a matter which is the subject of a
hearing, that meeting should be acknowledged on the record prior to the opening of the hearing
at the Council meeting.
BOARDS AND COMMISSIONS
Boards and Commissions (except the Housing Authority, Design Review Board, General Plan
Community Advisory Committee, and Measure W Citizens’ Oversight Committee) are
established by ordinance and set forth in the Municipal Code. The purpose of Boards and
Commissions is to provide advice to the City Council to aid in its decision making and to handle
matters within its area of expertise. Boards and Commissions should submit their
recommendations to the Council in writing. Once Council has reached a decision after due
consideration of a matter, it is inappropriate for a Board or Commission to criticize or attempt to
change a decision made by Council. Appendix 7: Staff Liaisons to Boards and Commissions.
No member of any Board or Commission may be a member of any other Board or Commission
or hold any paid position with the City, unless otherwise approved by the Council. In order to be
eligible for an appointment to any Board or Commission, a person must be a resident of the City,
unless otherwise provided by law.
The members of each Board or Commission (except the Design Review Board) are appointed by
the Council in accordance with governing law. The number of members, length of terms, time of
appointment, and method of appointment differ. Members are subject to removal by a vote of
three Councilmembers. Board and Commission members are appointed to serve for one term at
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South San Francisco City Council Procedures and Protocols Handbook a time. Terms continue until a successor is appointed and qualified. Except when appointed as a
Commissioner Emeritus by the Council, no Board or Commission member may serve more than
the authorized number of terms on any one Board or Commission as set forth in the Municipal
Code. Appendix 8: Board and Commission Roster.
Boards and Commissions are authorized to appoint advisory committees to assist them in
performing their duties. A member of the Board or Commission shall be designated as
chairperson of these advisory committees upon approval of the appointing Board or
Commission. The advisory committees shall be assigned functions consistent with the duties of
the appointing Board or Commission and shall report to at the times and in the manner which the
appointing Board or Commission may require.
All Board and Commission members except members of the General Plan Community Advisory
Committee, Housing Authority Tenant Commission, Measure W Citizens’ Oversight Committee,
Colma Creek Flood Zone Advisory Committee, and San Mateo County Mosquito and Vector
Control District, Emeritus Members, Ex Officio Members, and Council representatives to the
Conference Center Authority are compensated at a rate of $50.00 per regular meeting.
From time to time the Council may establish non-compensated citizen committees or task forces
of limited duration to focus on specific topics.
Procedure for Making Appointments and Reappointments
Any person desiring to be considered for an appointment to any City Board or Commission
should submit an online application indicating on which Board or Commission he or she desires
to serve. Paper applications must be typed and may be submitted on an on-going basis. For
applications submitted after a deadline has passed, the City Clerk shall present the late
application for consideration by the City Council but note that the application was submitted
after the deadline passed. Applications are considered current for one year from the date
received. Appendix 9: Commissions, Boards, and Committees Application Process Council
Procedures.
Any appointees must comply with appropriate provisions of law regarding disclosure of financial
interests, if applicable. It is the policy of the City Council not to appoint any person to a Board
or Commission who would have continually recurring conflicts of interest requiring abstentions,
or an excessively high percentage of such situations.
Appointments are for a single term. At the conclusion of this term, after consideration of the
member's record (including attendance), an individual may be reappointed for a second term.
Vacancies in any board or commission are filled by appointment in the same manner as original
appointment. When a vacancy occurs leaving an unexpired portion of the term, any appointment
is for the unexpired portion of the term. The interest of the city is best served by actual and
regular participation by Board and Commission members.
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South San Francisco City Council Procedures and Protocols Handbook Committee and Board members may be removed by a majority vote of the City Council
following three excused or two unexcused absences during the course of one fiscal year. An
absence is considered excused when a committee or board member notifies the secretary of the
intended absence at least twenty-four (24) hours prior to the scheduled meeting time. All other
absences are considered unexcused.
Thus, upon the second excused absence or first unexcused absence from a regular meeting within
a twelve-month period, the staff liaison shall notify the Board or Commission member in person
or via telephone regarding the absentee policy. The staff liaison shall remind the Board or
Commission member that with one more absence, the Mayor may report to the City Council the
member’s absences for further discussion and possible removal. If the City Council determines
that the absences occurred for legitimate reasons, the City Council may excuse one or both of the
absences.
Upon the third excused absence or second unexcused absence, the City Manager’s Office shall
draft a letter from the Mayor to the Board or Commission member regarding the absentee policy
and inquire as to whether the Mayor wishes to bring the matter to the Council. Members are also
encouraged to give advance notice of their absence from a meeting to the staff liaison as well as
the City Clerk’s office with a brief explanation for the absence. This absentee policy as
expressed in the Council Handbook shall be as provided on the Board and Commission form and
provided in the congratulatory letter welcoming new Board and Commission members.
The preceding procedures shall not apply to non-voting Emeritus Members of appointed Boards
and Commissions. Any member of an appointive Board or Commission may also be removed by
simple majority vote of the City Council.
Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a
special vacancy notice shall be posted within twenty days (20) after the vacancy occurs and that
final appointment to fill such vacancy shall not be made for at least ten (10) working days after
such posting. The special vacancy notice must be posted in the City Clerk’s Office and the
City’s Internet website or at a designated public library.
Pursuant to Government Code Section 54972, on or before December 31st of every year the City
Clerk shall prepare the Local Appointment List of all Board and Commission members that
details when all appointive terms will expire during the next calendar year, the name of the
incumbent appointee, the date of appointment, the date the term expires, and the necessary
qualifications for the position, as well as a list of all members who serve at the pleasure of the
City Council and the necessary qualifications for each position. In compliance with the Maddy
Act, Government Code Section 54973, a copy of the Local Appointments List shall be posted on
the City’s Internet website or designate the public library with the largest service population
within the City to receive a copy of the list.
Procedures for granting Emeritus Status
A termed out or otherwise resigning Board or Commission Member may apply to the City
Council for Emeritus Status related to the particular Board or Commission on which he or she
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South San Francisco City Council Procedures and Protocols Handbook served. The Criteria for granting Emeritus Status, limitations on granting authority and the role
of an Emeritus Board or Commission Member are set forth below:
Emeritus Criteria
• The applicant must have over 50 years of uninterrupted service to the City in various
capacities, including but not limited to, as an employee, a volunteer, and/or a Commissioner.
• The applicant must be an active participant in the Community.
• The applicant’s historical/institutional knowledge must contribute to the Agency’s
discussions.
Limitations on Granting Emeritus Status: There is to be only one seated Emeritus Member on
any single Board or Commission at any given time.
The Role of an Emeritus Board or Commission Member
• The Emeritus will be a recognized Board and Commission Member, appearing on all rosters
and being invited to all Board and Commission events with Emeritus Status noted.
• The Emeritus will receive all Commission paraphernalia, including, but not limited to,
nametags, meeting placards, jackets, T-shirts, etc. with Emeritus Status noted.
• The Emeritus is not subject to the Board and Commission absence Policy.
• The Emeritus will sit on the dais and participate in discussion at meetings of the respective
Board or Commission.
• The Emeritus does not have a voting role on the Commission.
• The Emeritus’ presence is not necessary for a quorum.
• The Commission may schedule a meeting even if the Emeritus cannot attend.
• The Emeritus will not participate in Closed Sessions of the respective Board or Commission.
• In the case of the Personnel Board, the Emeritus cannot participate in a Personnel Board
Disciplinary Hearing, whether held in open or closed session.
• Due to the non-voting role, the Emeritus will not receive a stipend for meeting attendance.
Council of Cities/City Selection Committee
On the first vote for a position selected by the Council of Cities/City Selection Committee, the
City’s designated representative must vote in accordance with the City Council’s direction. All
subsequent votes are left to the discretion of the designated representative.
POLICY ON EXPRESSIONS OF CITY OR COUNCIL POSITIONS
Be cautious in representing City Positions on Issues. Individual City Councilmembers are not
authorized to speak on behalf of the City or the Council with regard to City or Council policy or
positions, except when such policy or position has been clearly established or when the
Councilmember has been designated as a spokesperson on a given subject.
Periodically the City Council is requested to formally support or oppose state or federal
legislation. In considering whether or not to take such action, it is Council policy to determine
first if the legislation involves matters pertaining directly to the City of South San Francisco or
its residents as a whole. If the subject matter does not relate directly to city business or to local
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South San Francisco City Council Procedures and Protocols Handbook citizens, then the Council declines to take a position. If the legislation could be expected to
affect the city or its citizens, then the Council may elect to take a position.
POLICY ON COMMUNITY FUNDING
In making grants available to community organizations, the City Council adheres to the
following policy:
1. Grant awards are made only for purposes which are legal.
2. Grant funds are to primarily benefit South San Francisco residents/taxpayers.
3. One-time grants for capital items, or seed money, for new or expanded services are
preferred to continuing grants for operations.
4. Recipients are asked to provide financial and performance accountability.
5. Requests for funds must be received in a timely fashion. Applications received beyond
established deadline dates will not be considered.
6. Preference will be given to requests which are of a matching nature.
7. Other sources of available funds should have been diligently sought or are generally
unavailable in the amounts needed.
POLICY ON DEDICATION OF PUBLIC FACILITIES
Dedication of new public facility shall occur only after the building is completed and ready
occupancy. Dedications should recognize the efforts of prior City Councils in designing and
facilitating construction of the public facility.
APPENDIX 1
Selection of Mayor and Vice Mayor/Council Reorganization
As set forth in the City Council Handbook, the Vice-Mayor is usually selected as the Mayor. The
City Council believes the community benefits by ensuring the positions of Mayor and Vice-Mayor
are held at various times by all council members. The City Council also believes the experience
as a council member will assist those who ultimately serve as Mayor or Vice-Mayor. To that end,
the following process is hereby adopted for the future selection of Mayor and Vice-Mayor. This
process will remain in effect until modified by a subsequent City Council.
Commencing at the end of the present Mayor’s term, the Vice-Mayor will become Mayor and the
most senior council member who has not within the previous three (3) years served as Mayor or
Vice-Mayor, will serve as Vice-Mayor. This process for selection will also apply in subsequent
years, provided that a council member will first become eligible for service as Mayor or Vice-
Mayor once the Councilmember has served for two (2) years. In the event new council members
are elected in the same year, the ranking of the newly elected council members amongst themselves
will be in the order of the highest number of votes received to the lowest number. If any council
member declines a nomination during a year when they would have been eligible to be appointed
as Mayor or Vice-Mayor, the next eligible council member in sequence shall be nominated for that
position. The council member that declined the nomination will then move to the bottom of the
rotational order as if they had just completed serving a year as Mayor.
Based on Councilmember Addiego’s appointment as Mayor on December 9, 2020, and assuming
all current council members are re-elected, the succession according to the current policy would
be as follows:
Year Mayor Vice-Mayor
2021-2022 Nagales Nicolas
2022-2023 Nicolas Nagales
2023-2024 Nagales Coleman
2024-2025 Coleman Flores
2025-2026 Flores Addiego
Installation and Reorganization Costs
Council members shall contribute to the cost of light snacks/deserts and refreshments for the
reception following the Installation and Reorganization Meeting. Each council member’s
contribution shall not exceed $200. During any year in which the City Treasurer and City Clerk
are up for election, the City Clerk and City Treasurer shall each contribute up to $200 for the cost
of light snacks/deserts and refreshments for the reception following the Installation and
Reorganization Meeting. The incoming Mayor may choose to separately pay for additional snacks
and refreshments beyond those normally provided every year.
Recognition of Outgoing Mayor and/or Council Members
The Installation and Reorganization Meeting will also include recognition of the outgoing Mayor
and any outgoing council member(s). As part of the recognition, the City may provide the outgoing
Mayor and any outgoing council member(s) with a nominal gift recognizing their service to the
City.
APPENDIX 2
GUIDE TO CONDUCTING MEETING
Call to Order: “The meeting of the South San Francisco City Council for will come to
order.” (Mayor may also advise the audience of any special circumstances or announcements.)
Roll Call: “Madam Clerk, Roll Call please.”
Pledge of Allegiance/Invocation: “Please stand for the Pledge of Allegiance and remain
standing for the invocation that will be given by “
Agenda Review: “City Manager______ are there any changes to the order of the Agenda?”
Announcements from Staff: “City Manager______ are there any announcements from staff?”
Proclamations/Presentations
Public Comment: Begin to singly announce the names on the speaker cards and ask them to
provide their name for the record. If there are no speaker cards, ask if anyone would like to
address the Council on a matter not on the Agenda.
Council comments/requests: Council announcements and requests.
Consent Calendar: “Madam Clerk would you please read the Consent Calendar.”
• Ask for motion to approve.
• If any items are pulled, announce: “Item Nos. (cite numbers) will be taken off the Consent
Calendar for discussion.”
• Ask for a motion and a second, “All in favor, oppose?”, “The motion passes.”
• Items taken from the Consent Calendar should be considered one at a time and the
appropriate staff member will approach the table to answer Council’s question(s) or
concerns(s)
• Ask for a motion and second for approval for each item.
(Any Councilmember should abstain from approving minutes from a meeting they were not
present)
Public Hearings
• Ask the Clerk to read the item.
• Open the public hearing.
• Call for the staff report.
• Inquire if the applicant is present and if so, would he/she like to speak after applicant speaks,
ask if there are any more speaker cards for this item and commence reading the speaker
cards.
• When everyone has spoken, declare the hearing closed.
APPENDIX 2
• Council discussion – when discussion is complete, ask “Do I have a motion?”, “A second?”,
“All in favor/oppose?”. On sensitive items and on motions requiring 4/5 or 2/3 vote, a roll
call vote is advisable. State: “Motion passes”.
• If no second is made, announce that the motion died for lack of a second.
• If an amendment is made to the original motion after it is seconded, obtain a motion and a
second on the amendment first.
• If a motion for approval fails, obtain a motion, second and vote to deny.
Administrative Business
• City Clerk will read each item.
• Staff Report
• Discussion
• Vote
Legislative Business
• City Clerk will read each item.
• Staff Report
• Discussion
• Vote
Items from Council: Committee Reports and Announcements
Closed Session
• City Clerk will read item.
• Reporting out – if no item(s) approved, state “direction given no action taken”; if item(s)
approved, have City Attorney report.
Adjournment
• When all business concluded, ask for motion and second to adjourn
• Gavel the meeting adjourned.
APPENDIX 4
APPENDIX 4
CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT
1050973
APPENDIX 5
1. Legal Background:
Government Code section 37350 authorizes the City to authorize the acquisition of
personal (i.e. computers, chairs, cars, telephones, etc.) property. That section also authorizes the
City to establish controls for the use of such property. One limitation on the use or disposition
of public property is the gift of public funds prohibition in Article 16, Section 6 of the California
Constitution. That section prohibits the Legislature from authorizing cities to make gifts of
public money or things of value to any individual. The courts have, however, upheld
expenditures which have an incidental private benefit, where the primary purpose of the
expenditure is for a public purpose.
The ability of councilmembers to receive information or communicate with city staff and
constituents through telephone contact or e-mail or to research city-related business on the
Internet does serve a public purpose. Thus, providing telephones and computers with e-mail and
Internet capabilities for use for city business does not violate the gift of public funds prohibition.
A secondary issue is whether this equipment may be used for personal, non-city related business.
There is no case law which would expressly prohibit such use provided that the use is incidental
to the primary use of the computer for city business.
2. Usage Policy for Telecommunications Equipment:
A. City-owned telecommunications equipment including cellular telephones,
computers and fax machines (collectively "telecommunications equipment") shall be used
primarily for public purposes. Such public purposes include, but are not limited to, usage related
to City business, communication with City employees, communications with constituents, and
communications with other persons related to City business. The communications equipment
may be used for incidental private purposes. "Incidental private purposes" means that usage of
the telecommunications equipment for non-public purposes constitutes 33% or less of the total
usage of the telecommunications equipment and does not involve the City incurring any
additional expense.
B. Each councilmember shall receive on a quarterly basis an invoice of all calls
associated with his or her cellular telephone for the three month period ending on the last day of
the preceding month. Within thirty days of receipt of the invoice, each councilmember shall
reimburse the City for all private telephone calls shown on the invoice.
C. No data related to usage for incidental private purposes shall be stored on the
City-owned computer's hard drive. If a councilmember desires to download data or files for
incidental private purposes, the data or files shall only be downloaded to a diskette or other
storage media purchased by the councilmember. A councilmember may load commercially
available, properly licensed, software into their computer.
CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT
1050973
APPENDIX 5
D. With respect to software and data files that the user did not create on the
computer, the user shall not load either onto the computer unless they have been provided by
the City or they have been checked for viruses. This limitation is intended: (1) to limit the
potential exposure of the city system to viruses; and (2) with regard to new software, to allow
the City to possess proper evidence of authorized ownership of all software on City-owned
computers.
E. The telecommunications equipment shall not be used for any campaign activities
or any partisan election purposes. The telecommunications equipment may be used for
objective, non-partisan informational purposes.
F. All usage of the telecommunications equipment shall comply with the restrictions
of the Brown Act.
G. Upon leaving office, a councilmember shall have the option of purchasing
surplus City-provided telecommunications equipment at market value. The value of the
equipment should be determined by standard market evaluation processes for personal
property, which include searches on online auction sites such as EBay and identification of
South San Francisco book value. All non-surplus City-provided equipment shall be returned
to the City. Equipment shall be considered "surplus" when at the end of the normal usage
period.
APPENDIX 6
CITY OF SOUTH SAN FRANCISCO
INTEROFFICE MEMORANDUM
DATE: July 25, 2019
TO: Honorable Mayor and City Council
FROM: Jason Rosenberg, City Attorney
SUBJECT: Donations to the City of South San Francisco
This memo addresses whether any potential conflict of interest may exist for individual
Councilmembers when donations are made to the City to be used to underwrite the cost of a City
sponsored event or City facility.
The conflict-of-interest laws generally apply when a gift in the form of a donation is made to a
particular councilmember. However, where such a donation is made to the public agency rather than
to the public official, it does not qualify as a gift under the conflict of interest laws pursuant to
California Code of Regulation Section 18944. Thus, under the limited circumstances of a gift to the
public agency and provided that such gift is made consistent with the provisions of Section 18944,
the gift does not create a conflict of interest should the donor of the gift be an individual or business
that may at some point in the future have an item before the City Council for consideration.
Specifically, Regulation 18944 provides that a payment shall be deemed a gift to the public agency
and not a gift to the public official if all of the following requirements are met:
(1) The payment is used for official agency business.
(2) The agency head controls use of the payment.
(3) The agency reports the payment on FPPC Form 801 (Payment to Agency Report) that is
maintained as a public record and includes the following information:
(a) A description of the payment, the date it was received, the intended purpose and
the amount of the payment or the actual or estimated fair market value of the
goods or services provided, if the amount is unknown.
(b) The name and address of the individual donor. If the donor is an entity, the report
must also describe the business activity, or the nature and interests of the entity. If
the donor has raised funds from another person for the specific purpose of making
the payment to the agency, the report must contain the name of each person and
the amount given by each person.
(c) The use of the payment, and the name, title, and department of the agency official
who used the payment.
(d) The signature of the agency head.
(e) For any quarter when payments aggregate to $2,500.00 or more since the last
filing, the local agency must submit a copy of the form(s) or a detailed summary
of the information on the form to the filing officer who receives the agency
employees' statements of economic interests, within 30 days after the close of the
quarter. The filing officer shall post a copy of the form or the information in the
form on its website, in a prominent fashion within 30 days after the close of any
quarter in which the agency receives payments aggregating to $2,500.00 or more
since the last filing.
Department Liaisons to Boards and Commissions
2021 Boards, Commissions, and Committees
Bicycle and Pedestrian Advisory Committee
(BPAC)
Public Works Department
Conference Center Authority Executive Director
Cultural Arts Commission Parks and Recreation Department
Design Review Board Economic and Community Development
Department/Planning Division
General Plan Community Advisory Committee Economic and Community Development
Department - Lisa CostaSanders (Consultant)
Housing Authority Executive Director
Library Board Library Department
Measure W Citizens’ Oversight Committee Finance Department
Parks & Recreation Commission Parks and Recreation Department
Parking Place Commission Economic and Community Development
Department
Traffic Safety Commission Economic and Community Development
Department
Planning Commission Economic and Community Development
Department/Planning Division
South San Francisco Commission on Racial
and Social Equity
City Manager’s Office
Personnel Board Human Resources Department
Colma Creek Flood Zone Advisory Committee San Mateo County Public Works Department –
Ann Stillman, Deputy Director
Mosquito & Vector Control District San Mateo County Mosquito & Vector Control
District - Brian Weber District Manager
APPENDIX 7
CITY OF SOUTH SAN FRANCISCO
BOARDS, COMMISSIONS, AND COMMITTEES
Number of
Members
Term
Length
Term Limit Method of
Appointment
Bicycle and Pedestrian
Advisory Committee (BPAC)
7 4 years 3 City Council
Conference Center Authority 9 4 years 3 City Council
Cultural Arts Commission 11 4 years 3 City Council
Design Review Board
5
4 years
None
Planning
Commission
General Plan Community
Advisory Committee
10
2 years
Limited
Appointment
City Council
Housing Authority
5
4 years
4
City Council
Housing Authority Tenant
Commission
2
2 years
None
City Council
Library Board 5 3 years 4 City Council
Measure W Citizens’ Oversight
Committee
5
4 years
Limited
Appointment
City Council
Parks & Recreation
Commission
7 4 years 3 City Council
Parking Place Commission 3 3 years 4 City Council
Traffic Safety Commission 5 3 years 4 City Council
Planning Commission 7 4 years 3 City Council
South San Francisco
Commission on Racial and
Social Equity
12
7/15/2021
N/A
Mayor
Personnel Board 5 4 years 3 City Council
Colma Creek Flood Zone
Advisory Committee
3 City
Appointed
Representative
(9 members)
4 years
3
City Council
recommends
appointment to
the SMC Board
of Supervisors
Mosquito & Vector Control
District
1 City
Appointed
Representative
(21 members)
2 or 4 years
None
City Council
recommends
appointment to
the SMC Board
of Supervisors
Updated: 07/2021
APPENDIX 8
Revised 07/2021 APPENDIX 9
Commissions, Boards, and Committees Application Process
Council Procedures
Application
Procedures
Anyone interested in serving on a City Commission, Board or
Committee must complete and submit a City Commissions, Boards,
and Committee application. Forms are available in the City Clerk’s
Office. If there is no vacancy, the City Clerk will hold the application
on file for one (1) year from receipt. If there is a vacancy, the City
Clerk will notify the applicant of the date, time, and location of the
Biannual City Council meeting for Board and Commission
interviews/appointments.
Eligibility Review All applications received by the filing date are reviewed by the City
Clerk for conflict of interests, qualifications, and residency.
For applications submitted after the deadline has passed, the City
Clerk shall present the late application for consideration by the City
Council but note that the application was submitted after the deadline
passed.
Other than those City employees who are currently serving on a
Commission, Board, or Committee, City employees are generally
considered to have a conflict of interest and generally will not be
appointed (but may be re-appointed). However, any retired or former
City employee is eligible, and prior employment with the City is not
considered a conflict of interest.
Appointment
Procedures/Criteria
Except for the Conference Center Authority and the Bicycle and
Pedestrian Advisory Committee, Council may consider any
Commission, Board, or Committee applicant who is a resident in the
City of South San Francisco.
The Council will receive all qualified candidate application materials
for review prior to interviews. The City Clerk (or Council sub-
committee) will develop questions for a structured interview process.
Interview appointments will be scheduled and candidates will be
notified by the City Clerk.
During the interview, applicants will be assessed for background
information that would make the candidate a good appointee, any
continually recurring conflicts of interest, and reasons for wanting to
serve the City. Only those candidates who support the Council’s
philosophy and who can regularly attend meetings will be appointed.
Commission, Board, and Committee Application Process Page 2
City Council Procedures
APPENDIX 9
Reappointment
Process
Three (3) months prior to a term expiring, the Commissioner, Board
Member, or Committee Member will be asked about their interest in
reappointment. If not interested, a letter declining reappointment
should be forwarded to the City Clerk. If interested in reappointment,
an application must be submitted to the City Clerk by the final filing
date. Not less than sixty (60) days prior to the term ending, the
appointment will be advertised to notify other interested persons. The
Commissioner, Board Member, or Committee Member who is
interested in reappointment, as well as any other qualified persons,
who have applied, will be considered in the selection process.
Reappointment
Procedures/Criteria
The Council may not reappoint anyone who has demonstrated non-
support for the Council’s philosophy, who has been absent from more
than one-third of the regular meetings within a rolling 12-month
period, or who has a continually recurring conflict of interest.
Term of Office Other than the Library Board, Parking Place Commission, and
Cultural Arts Commission, appointments to a specific Commission,
Board, or Committee are limited to a maximum of three consecutive
terms. For purposes of calculating consecutive terms, service of at
least eighteen months plus one day during a term shall be counted as a
complete term; all prior continuous service of existing trustees shall be
counted.
Orientation Each new Commissioner, Board Member, or Committee Member will
have an orientation by the Department liaison for which the
Commission, Board, or Committee has responsibility, by the City
Attorney to review legal issues, and by the Mayor or designee to
communicate council philosophy.
APPENDIX 10
CITY COUNCIL POLICY REGARDING
REIMBURSEMENT OF COUNCILMEMBER EXPENSES
Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be
used for authorized City business. Expenses incurred in connection with the following
types of activities generally constitute authorized expenses, as long as the other
requirements of this policy are met: (1) Communicating with representatives of regional,
state and national government on City adopted policy positions; (2) Attending
educational seminars designed to improve officials’ skill and information levels; (3)
Participating in regional, state and national organizations whose activities affect the
City’s interests; (4) Recognizing service to the City (for example, thanking a longtime
employee with a retirement gift or celebration of nominal value and cost); (5) Attending
City events; (6) Implementing a City-approved strategy for attracting or retaining
businesses to the City, which will typically involve at least one staff member; (7) Direct
expenses, including mileage reimbursement and audio or video tape or DVD costs,
related to participation in community outreach programs (that do not involve any political
advocacy); and (8) Meetings such as those listed above for which a meeting stipend is
expressly authorized under this policy.
All other expenditures require prior approval by the City governing body.
Examples of personal expenses that the City will not reimburse include, but are not
limited to: (1) The personal portion of any trip, including meals, lodging, and other
incidental expenses; (2) Political or charitable contributions or events; (3) Family
expenses, excluding spouse or significant other’s registration or meal expenses when
accompanying Councilmember on City-related business within San Mateo County;
(4) Entertainment expenses, including theater, movies (either in-room or at the theater),
sporting events (including gym, massage and/or golf related expenses), or other cultural
events; (5) Non-mileage personal automobile expenses, including repairs, traffic
citations, insurance or gasoline; (6) Costs of alcoholic beverages and (7) Personal losses
incurred while on City business. Any questions regarding the propriety of a particular
type of expense should be resolved by the City Council before the expense is incurred.
Cost Control
To conserve City resources and keep expenses within community standards for public
officials, expenditures should adhere to the following guidelines. In the event that
expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the
City will be limited to the costs that fall within the guidelines.
APPENDIX 10
Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct and
time-efficient route. Charges for rental vehicles may be reimbursed under this provision
if more than one Councilmember is attending an out of town conference, and it is
determined that sharing a rental vehicle is more economical than other forms of
transportation. In making such determination, the cost of the rental vehicle, parking and
gasoline will be compared to the combined cost of such other forms of transportation.
Government and group rates must be used when available.
Airfare. When possible, Councilmembers should arrange for air travel to be paid for in
advance by the City at the most economical and reasonable round-trip fare consistent
with the Councilmember’s scheduling needs. If advance arrangements cannot be made
due to lack of advance warning or other extenuating circumstances, Councilmember’s
may be reimbursed for the expense of the airfare, so long as it is the most economical and
reasonable round-trip fare consistent with the member or employee’s scheduling needs.
Automobile. Councilmembers shall use City vehicles for travel in performance of
official duties, when available. A log sheet shall be provided in all City Council vehicles
for Councilmembers to log in destination, dates and mileage for all travel. If a City
vehicle is unavailable Councilmembers may be reimbursed for expenses incurred in
traveling by personal vehicle on official business at the annual Internal Revenue Service
Standard Mileage Rate. The distance of travel will start from the place of work or
from home, whichever is closer to the destination point of official business.
Reimbursement shall include road and bridge tolls. Councilmembers shall be responsible
for procuring and maintaining liability insurance for their personal vehicles.
Car Rental. Councilmembers should arrange for car rentals to be paid for in advance by
the City at the most economical rate available for cars of standard size or smaller. If
advance arrangements cannot be made due to lack of advance warning or other
extenuating circumstances, Councilmembers may be reimbursed for the expense of car
rental. Since the City has no insurance coverage on the first $5,000 of property damage
and the first $100,000 of liability coverage, optional insurance coverage for rental cars is
both reimbursable and recommended.
Public Transportation Taxis/Shuttles. Because of the relatively high cost of car
rentals, Councilmembers should weigh the cost effectiveness of using taxis, shuttles, or
public transportation when travelling out of town and choose the most economical means
consistent with time and scheduling constraints. Taxis or shuttle fares may be reimbursed,
including a 15 percent gratuity per fare.
APPENDIX 10
Regional Non-Profit or Service Organization Events
Annual Limit for Regional Events and Dinners. Each Councilmember is subject to a
reimbursement limit of $1,500 per fiscal year for attendance at events, including dinners,
that benefit non-profit/service organizations (e.g., Kiwanis, Rotary, and Lion’s clubs) and
associations of government (e.g. CCAG, ABAG, LOCC Peninsula Davison, San Mateo
County Council of Cities) in the San Francisco Bay area. The Mayor is subject to an
annual reimbursement limit of $2,500 per fiscal year for attendance at said events. If the
Mayor requests that another councilmember attend an event in the place of the Mayor,
the costs for that event shall be charged against the Mayor’s annual reimbursement limit.
Charges for these expenses shall be to City Account Number 4380.
Expenses for attendance at conferences outside of the Bay area (e.g. LOCC state
conferences or committee meetings) are not subject to the annual reimbursement limit.
The annual limit for this category of expenses shall be determined as part of the annual
budget process.
Membership dues for any non-profit or service organization are not reimbursable
expenses.
Lodging
Lodging expenses will be reimbursed or paid for when the location of the official City
business is greater than 50 miles from the Councilmember’s work or home, whichever is
closer to the destination.
When possible, Councilmembers should arrange for lodging expenses to be paid in
advance by the City at the most economical and reasonable rates for single occupancy
lodging that is in a location that is reasonable and convenient in relation to the
Councilmember’s scheduling and official business needs.
Conferences/Meetings. If such lodging is in connection with a conference, lodging
expenses must not exceed the group rate published by the conference sponsor for the
meeting in question if such rates are available at the time of booking.
Other Lodging. Travelers must request government rates, when available. Lodging
rates that are equal or less to government rates are presumed to be reasonable and hence
reimbursable for purposes of this policy. Actual lodging costs that exceed the government
rate for the area may be reimbursed conditioned upon performance of a good faith effort,
evidenced by documentation (e.g., internet search, phone calls) that demonstrate an
attempt to find median-priced lodging.
APPENDIX 10
Meals
Councilmembers may be reimbursed for expenses incurred for meals consumed in
conjunction with travel on official business. Reimbursable meal expenses and associated
gratuities will not exceed $75 per day, excluding alcohol. In compliance with the City’s
Administrative Instruction Section IV, No. 2 – Travel and Training Policy and
Reimbursement of Expenses.
Such amounts will be annually adjusted beginning January 1, 2009, to reflect changes in
the cost of living in accordance with statistics published by the United States Department
of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the
San Francisco Metropolitan Area. (The annual adjustment will be based on this area
whether travel is within the area or not.)
If a meal is provided by a conference or organized educational activity, or otherwise
included in the payment of registration fees, Councilmembers may not be reimbursed for
meals purchased in lieu of, or in addition to, the provided meal. Meal expenses incurred
by a Councilmember’s spouse or immediate family shall not be reimbursed.
Definition of Nominal Value related to Meals for FPPC Gift Reporting Purposes.
Meals with a value of $15 or less are considered to be of nominal value. Any meal with a
value that is not nominal, must however be reported if the value of the meal or a
combination of meals exceeds the $50-dollar annual reporting requirements for gifts.
Additional Incidental Expense Reimbursement
Councilmembers may be reimbursed for actual and necessary incidental expenses
incurred in connection with a conference, organized educational activity, or other
performance of official duties. Incidental expenses include reasonable gratuities for hotel
and airline employees, baggage fees, parking fees, cab fares, public transportation costs,
tolls, telephone calls, telegrams, faxing, and special delivery services related to the
performance of official duties, telephone calls of a personal nature, hotel internet charges,
and other such incidental expenses. Councilmembers may be reimbursed for such
incidental expenses related to reasonable gratuities for which receipts are not customarily
given.
Because the City provides cell phones to Councilmembers, phone reimbursement while
travelling out of town should be submitted only if no cell phone coverage exists.
Reimbursement for expenses incurred in placing telephone calls of a personal nature shall
be limited to $10 per day for travel within California, and $20 per day for travel outside
of California.
All other actual and necessary expenses incurred in the performance of official duties that
are not described in this Policy shall not be reimbursed unless approved before the
expense is incurred.
APPENDIX 10
Prohibited Expense Reimbursements
Councilmembers shall not be reimbursed for non-business expenses including, but not
limited to, entertainment expenses such as movie rental fees, theater tickets or sporting
event fees, fines for parking citations, laundry, replacement fees for lost keys, fees
assessed for damage to lodging premises, and expenses incurred pursuant to personal
portions of business travel, including extra lodging and meals.
Expense Report Content and Submission Deadline
All Councilmember expense reimbursement requests must be submitted on the Expense
Reimbursement Form found in Appendix 3 of this Handbook
Expense reports must document that the expense in question met the requirements of this
policy. For example, if the meeting is with a legislator, the local agency official should
explain whose meals were purchased, what issues were discussed and how those relate to
the City’s adopted legislative positions and priorities.
Councilmembers must submit their expense reports within 30 days of an expense being
incurred, accompanied by receipts documenting each expense. Restaurant receipts, in
addition to any credit card receipts, are also part of the necessary documentation.
Inability to provide such documentation in a timely fashion may result in the expense
being borne by the Councilmember.
Reimbursements will not be made until after review and approval by the City Manager
and the Finance Director (or their designees) for compliance with AB 1234.
Audits Of Expense Reports. All expenses are subject to verification that they comply
with this policy.
Reports To Governing Board. At the following City governing body meeting, each
official shall briefly report on meetings attended at City expense. If multiple
Councilmembers attended, a joint report may be made.
Compliance With Laws. Councilmembers should keep in mind that some expenditures
may be subject to reporting under the Political Reform Act and other laws. All agency
expenditures are public records subject to disclosure under the Public Records Act,
among other laws.
Violation Of This Policy. Use of public resources or falsifying expense reports in
violation of this policy may result in any or all of the following: (1) loss of
reimbursement privileges; (2) a demand for restitution to the City; (3) the agency’s
reporting the expenses as income to the elected official to state and federal tax
authorities; (4) civil penalties of up to $1,000 per day and three times the value of the
resources used; and (5) prosecution for misuse of public resources.