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HomeMy WebLinkAbout04.19.2023 @500 SP CCWednesday, April 19, 2023 5:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Hall - City Manager Conference Room 400 Grand Avenue, South San Francisco, CA Special City Council BUENAFLOR NICOLAS, Mayor (District 3) MARK NAGALES, Vice Mayor (District 2) MARK ADDIEGO, Councilmember (District 1) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (District 5) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer SHARON RANALS, City Manager SKY WOODRUFF, City Attorney Special Meeting Agenda 1 April 19, 2023Special City Council Special Meeting Agenda 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. How to submit written Public Comment before the City Council Meeting: Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 3:00 p.m. on the meeting date. 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. Page 2 City of South San Francisco Printed on 4/20/2023 2 April 19, 2023Special 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 Continued Study Session regarding proposed amendments to the City Council Handbook. (Sky Woodruff, City Attorney and Rosa Govea Acosta, City Clerk) 1. ADJOURNMENT Page 3 City of South San Francisco Printed on 4/20/2023 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-309 Agenda Date:4/19/2023 Version:1 Item #:1. . ..Title Continued 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 continue to review the City Council Handbook (Handbook),the suggested revisions, and provide direction regarding the policies set forth in the Handbook. 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. 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 discussion. 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. 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:The Handbook contains comments and feedback from Councilmembers,the City Attorney City of South San Francisco Printed on 4/13/2023Page 1 of 2 powered by Legistar™4 File #:23-309 Agenda Date:4/19/2023 Version:1 Item #:1. and City Clerk. 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 and feedback from Council. ·Appendix 2:Includes changes to meeting format allowing for Public Comment to be heard before Consent Calendar. ·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 Finance Director has provided the current Reimbursement Form to reflect current mileage per IRS guidelines. ·Appendix 7:The suggested update removes appointments to County Board Commissions and Committee and 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, including a suggested increase to the Library Board. ·Appendix 9:The suggested update reflects changes as proposed by Council for the current Board and Commission recruitment process. CONCLUSION After review and discussion,Councilmembers should provide feedback for additional changes to the Handbook. Attachments: 1)2023 City Council Handbook and Appendices with recommended changes. City of South San Francisco Printed on 4/13/2023Page 2 of 2 powered by Legistar™5 1 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook        CITY OF SOUTH SAN FRANCISCO CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK    Prepared by: Office of the City Clerk Rosa Govea Acosta, City Clerk Adopted on August 25, 2021, Resolution No. 155-2021 6 2 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Table of Contents 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. ........................................................................................ 62  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 bienniallysh, 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.62  MISSION STATEMENT ...................................................................... 62  CORE VALUES ................................................................................... 72  PRESIDING OFFICER ...................................................................... 162  SEATING ........................................................................................ 172  ADMINISTRATION OF OATHS ......................................................... 172  SUBPOENAS ................................................................................... 172  COUNCILMEMBER OBLIGATION AS TO CONTINUED MATTERS ........ 172  ABSENCES FROM COUNCIL MEETINGS ........................................... 182  COUNCIL COMMITTEES .................................................................. 182  COMPENSATION OF COUNCILMEMBERS ......................................... 192  COUNCIL MAIL ............................................................................... 192  STAFF ASSISTANCE ........................................................................ 192  EQUIPMENT AND SUPPLIES PROVIDED TO CITY COUNCIL ............. 212  REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS ...................................................................................................... 212  CITY SEAL ...................................................................................... 222  CONCURRENT ROLES ...................................................................... 222  Successor Agency to the Redevelopment Agency ........................... 232  Recreation and Park District .......................................................... 232  Prepared by: Office of the City Clerk Rosa Govea Acosta, City Clerk Adopted on August 25, 2021, Resolution No. 155-2021 7 3 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Willow Gardens Parks and Parkways Maintenance District ............ 232  CONFLICT OF INTEREST ................................................................. 232  BROWN ACT ................................................................................... 242  Permitted Closed Sessions ............................................................. 252  MEETINGS ...................................................................................... 272  Quorum .......................................................................................... 272  Regular Meetings ........................................................................... 282  Special Meetings ............................................................................ 282  Emergency Meetings ...................................................................... 282  Adjourned Meetings ....................................................................... 282  Closed Sessions ............................................................................. 292  Study Sessions ............................................................................... 292  Approved Teleconference Guidelines for Council Members: ........... 302   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 shoul 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. ....................................... 302   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 th 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. ....................................................... 302   The Council Member must ensure that the location will be publicly accessible while the meeting is in progress. .................................. 302   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. .................... 312  Virtual Council Meetings ................................................................ 312  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 8 4 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. ................. 312  Meeting Cancellation ...................................................................... 312  CONDUCT OF MEETINGS ................................................................. 312  Call to Order and Roll Call .............................................................. 322  Order of Business ........................................................................... 322  Public Comments ........................................................................... 332  Individuals speaking under “Public Comments” generally are limited to a maximum of three (3) minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). 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. In instances where there is a technical or audio issue, the member of the public will not be held against the running time and the clock will be reset to allow for the total time without interruption..................... 332  Continued Items ............................................................................ 362  Introduction of Items After 11:00 PM ............................................ 362  Presentations ................................................................................. 362  The total amount of time for all presentations shall not exceed fifteen minutes per meeting unless otherwise approved by the Council. This includes presentation from staff, community members or a group, or by a councilmember. ............................................................................. 362  Councilmember Participation ......................................................... 372  Public Participation ........................................................................ 372  Decorum ........................................................................................ 392  4. Honor the role of the Mayor in maintaining order. ......................................... 392  5. Not demean, embarrass or speak-down to city staff or senior management members. 392  Smoking Prohibited ........................................................................ 422  9 5 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook COUNCIL ACTIONS ......................................................................... 422  Several different types of action may be taken by the Mayor and/or the City Council. ................................................................................... 422  Proclamations ................................................................................ 422  Commendations/Certificates of Recognition .................................. 422  Ordinances ..................................................................................... 432  Resolutions .................................................................................... 432  Motions .......................................................................................... 432  Minute Orders ................................................................................ 432  Finality of Administrative Actions .................................................. 442  minutes are the only official record. ............................................................. 442  MINUTES ........................................................................................ 442  BASIC PROCEDURES - MAIN MOTIONS ........................................... 452  PARLIAMENTARY PROCEDURE MOTIONS ....................................... 452  Processing of Motions .................................................................... 462  Precedence of Motions ................................................................... 462  Types of Motions/Purpose ............................................................. 462  Division of Question ....................................................................... 482  VOTING .......................................................................................... 492  PUBLIC HEARINGS ......................................................................... 502  BOARDS AND COMMISSIONS ......................................................... 522  Procedure for Making Appointments and Reappointments ............. 532  San Mateo ...................................................................................... 572  Council of Cities/City Selection Committee .................................... 572  POLICY ON EXPRESSIONS OF CITY OR COUNCIL POSITIONS ......... 572  POLICY ON COMMUNITY FUNDING ................................................ 582  10 6 | Page South San Francisco City Council Procedures and Protocols Handbook 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 bienniallysh, 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 termterm. 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, inclusive, 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. South San Francisco is a place where everyone can thrive. Its high quality of life, divers and inclusive community, livable neighborhoods and excellent services, culture of innovation, and environmental leadership ensure all people have the opportunity to reach their full potential. Values  Diversity and Inclusion  Livability  Sustainability  Innovation Guiding Principles  Affordable, Safe, Attractive Amenity-Rich Neighborhoods  High-Quality and Accessible Services, Facilities, and Amenities for Residents at All Stages of their Lives  A Safe, Convenient, and Accessible Transportation Network Well-connected to the Region 11 7 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook  A Resilient Community  A Prosperous Downtown and Local Economy 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, inclusive, 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, equity, and inclusion 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.  Promoting and maintaining open and constructive communication.  Encouraging skill development and professional growth. 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 largeelected at district-level seats by each of the City’s 5 districts to four-year terms on a staggered biennial basis. (first election in Districts 2, and 4 on every other year cycles towas in 2020 and in Districts 1, 3, and 5 seatsin 2024).. 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. The powers of a City Council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or 12 8 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook preempted by state or federal law. Specifically, the City Council shall have the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants, which are not specifically forbidden by the Constitution and laws of the State of California. The South San Francisco City Council acts as a body. While the Mayor has some additional ceremonial and administrative responsibilities, no Councilmember has any power or additional votes beyond those of the other members or the mayor. In the establishment of policy, voting and in all areas except those identified below, all members are equal. Except where the law requires a certain number of affirmative votes, a majority vote of the City Council establishes policy and makes decisions for the City. While an individual member may disagree with a decision of the City Council, a decision of the majority does bind the City Council to a course of action. In turn, it is city staff’s responsibility to ensure that the policy of the City Council is implemented. Actions by city staff to implement a decision of the City Council do not reflect any bias against a Councilmember who held a minority view on that issue. City Council-Manager Form of Government and the Role of the City Manager The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City who works for five independently elected officials. The City Council and City Manager should be a participatory team. Councilmembers should avoid situations that can result in the City staff being directed by one or two members of the Council. Regular communication between the City Council and the City Manager is important in managing open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. The City Council is to evaluate the performance of the City Manager on an annuala regular basis to ensure that both the City Council and the City Manager are in agreement about performance and goals. As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager’s power and authority include the ability to: ・ Review all agenda documents before preparing the agenda for any regular or special meeting of the City Council. ・ Direct the work of all appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly 13 9 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook to the City Council. These include City advisory bodies, committees, boards, and commissions. ・ Recommend to the City Council adoption of polices or procedures that the City Manager may deem necessary for the health, safety or welfare of the community. ・ Conduct research in administrative practices in order to bring about greater efficiency in City government. Execute and issues out letters of support in communication with the mayor for funding support and requests only and not issue letters of support on positions for legislative or federal bills unless otherwise directed by a majority of the City Council. Appointment of City Manager and City Attorney The City Council appoints two positions within the city organization: the City Manager and the City Attorney (currently a contract attorney). Both positions serve at the will of the City Council. The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment including an annual performance evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City with the exception of the City Attorney’s office. Other Council Appointments: The city council also holds the authority of deciding whether to hold an election or issue an appointment of any of the other city elected roles, should any become open and available for any reason, including the roles of councilmembers (any district); city treasurer, and city clerk. 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 and provided the same opportunities for discussion and dialogue during deliberations considered by council.. 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. 14 10 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook  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.  Represent their respective elected districts and bring forth issues of concern that they might have particular knowledge of that affect that district and have an impact citywide.  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.  Represent the city on regional appointed bodies (boards, associations and commissions) and ensure that the voice of the city and not theirs is brough forth in all votes and matters addressed in those bodies.  Sign on to city issued proclamations, commendations and certificates of recognition when possible.  Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town. Roles and Responsibilities – Mayor, Vice Mayor and Councilmembers Mayor ・ Is appointed by a majority vote of the Council for a term of one year, occurring and beginning on a special council meeting held after the final certification of the county elections officer and prior to the first general councilmeeting in December during election years, and on a special held council meeting prior to the first general councilmeeting in December in non-election years. ・ Is appointed by the Council for a term of one year. ・ Serves as the presiding officer of the City Council, preserving strict order and decorum at all publicly noticed meetings of the City Council; announces City Council decisions on all subjects; and decides all questions of order, including items to be placed on the regular council meeting agenda in communication with the city manager, subject to modification by the City Council. ・ Leads the City Council into an effective, cohesive working team. Plans and organizes with city manager and city staff the annual City Council strategic priorities retreat. ・ Is recognized as the ceremonial spokesperson for the City. ・ Selects a substitute for City representation when unable to attend and speak. 15 11 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook ・ May call for special meetings or council study sessions as necessary in response to the scope and timing of the City Council’s workload and schedule. ・ Signs minutes or other required documents on behalf of the City when Mayor’s signature is required. Appoints and checks-in with other councilmembers on their current assigned appointments to regional or county govt bodies, association, boards, and commissions. Rotates the assignment of councilmembers to internal assigned committees that focus on direct internal city work. ・ Responds to correspondence submitted to the full City Council on non-agenda Items, regular mail or electronic. items. ・ Charged with the administration of proclamations and plaques. Following City Council adopted standards, the issuance of proclamations and plaques is at the Mayor’s discretion, without formal action by City Council. However, any councilmember may submit a request to the mayor for such items. Certificates of recognition and commendations may be issued by all members without formal approval action being taken. ・ Coordinates the annual performance evaluation of the City Manager and City Attorney. ・ Serves as the City Council’s spokesperson toin the media. However, when a direct inquirty is made to Councilmembers from media, members should apprise the mayor and director of communications with any media outreach, interview or presentations, when possible and if timing permits. ・ Is entitled to vote on all matters and vote counts only once but does not have veto power or ability to break any form of vote ties. Has the discretionary decision-making authority of time-allotment given to speakers or members of the public during special or regular council meetings. Vice Mayor ・ Serves as the presiding officer when the Mayor is absent. ・ Performs all of the duties of the Mayor in the Mayor’s absence or specific duties at the request of the Mayor. ・ Represents the City at ceremonial functions at the request of the Mayor. Commented [AR1]: Since this is a new proposal, Council should consider whether they want to authorize individual members to take these actions without a vote of the Council as a whole. 16 12 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Councilmembers (including Mayor and Vice Mayor) ・ Participate in all scheduled City Council meetings in person or virtually as allowed by AB2449 and in other public forums while demonstrating respect, consideration and courtesy to others. ・ Serve as a model of leadership, public service and civility to the community. ・ Inspire public confidence and respect in City government. ・ Demonstrate honesty and integrity in every action and statement. ・ Prepare in advance of City Council meetings and be familiar with issues on the agenda. This includes making every effort to consult with the city manager and ask questions with enough time for a response to be provided prior to the city council meeting. ・ Seek authorization from the City Manager if any request of staff will require more than one hour of staff time to complete. This provision does not apply to City Council questions related to agenda reports or for informational topic-related meetings for purposes of background or general information sharing. ・ Shall not take action on any matter that has no direct effect on the local affairs of the City and over which the City has no jurisdiction, including and not limited to the council district they have been elected to represent. This includes writing or authoring letters of support or other documents without prior authorization from the mayor and city council. ・ Shall be respectful of other people’s time, stay focused and act efficiently during public meetings. ・ Commit to spending time each year outside of regular City Council meetings to work with the City Manager and staff on setting goals and priorities for the City government, including the District they represent, and by attending the annual council retreat and/or and to work on issues that may be inhibiting the maximal achievement of City goals. ・ May represent the City at ceremonial functions at the request of the Mayor. ・ Serve on City Council regional, boards, associations, adhoc committees, and city committees as appointed by the Mayor. ・ Represent the City Council on County, area, district or state boards, committees or commissions, and other public agencies, or quasi-public agencies, as appointed by the Mayor with City Council confirmation. The confirmation should be held at a publicly noticed meeting with a roll-call vote of approval by members. ・ Complete all required training in a timely manner, including State-mandated AB 1234 Ethics Training and legally mandated harassment training, and IT safety training. ・ File in a timely manner all required Fair Political Practices Commission documentation, including the annual Statement of Economic Interests and campaign statements as well as for all bodies that require it (successor agency, and other regional bodies) . 17 13 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Role in Disaster The City Council has some special, extraordinary powers in the case of a disaster. Some meeting restrictions and expenditure controls are eased in such extreme situations. In critical situations the City Council may be directed to assemble in the City’s Emergency Operations Center (EOC), to provide policy guidance and to receive information in an emergency. Order of Decision making and Succession: Should the City Council not be available during an emergency, state law specifies a hierarchy of others who may serve in place of the City Council. The list of hierarchy and succession is as follows: STATE THE LIST of hiearchy HERE. Example: 1. City Manager 2. City Attorney 3. City Clerk 4. City Treasurer 5. Assistant City Manager 6. Chief of Police 7. Fire Chief 8. Deputy City Manager 9. Director of Public Works 10. Director of Parks and Recreation 11. Library Director 12. Human Resources Director Provide a legal note of what that constitutes above. 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. NEWLY ELECTED MEMBERS Newly elected Council Members are sworn into office generally at a special meeting in December following a regular municipal election on even election years.. Newly elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office. They are officially sworn in when they submit and file their paperwork and statement of candidacy. Thus, meetings between incumbents and newly elected members or candidates of a legislative body, such as a meeting between two outgoing members and a member- Commented [AR2]: Refer to Chapter 2.72 of the Municipal Code, which establishes the disaster council under state law, and the City’s Emergency Operations Plan. 18 14 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook elect of a five-member body, could violate the Brown Act (California Government Code Section 54952.1). A reception is traditionallywill be held immediately following the reorganization meeting provided that there is no other emergent matter occurring at that time or a declared state of emergency. 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 or before the Tuesday that immediately precedes the Wednesday of the first regularly scheduled meeting of the City Council in December, unless the Mayor andor City Council select a different date in discussion with the City Clerk’s office.. In even numbered years in which a regular City Council election occurs, the reorganization shall follow certification of the election results by the County of San Mateo elections office.. Selection of Mayor and Vice Mayor There are several problems with the current rotation. First, the districts that have a higher proportion of immigrants, people of color, renters, and low income residents will always have lower voter turnout and thus a lower number of votes. In addition to this, districts that are held in midterm election years will always have a lower number of votes than those elected in general election years. There is also the issue of council members that are elected through uncontested elections always naturally having a higher vote count than those who run and win in contested elections. Also, councilmembers who run against multiple candidates will naturally have lower vote counts than those who run against one candidate. Here are some proposals to change our rotational policy to make it more equitable. Option A: Members are rotated in order of the district number they represent. With the advent of district elections, it is important to ensure that every district has an equal chance at representation through the Mayorship. In the event of new councilmembers being elected and beginning their term on their district’s “mayor year,” it will be required for any new council member to start their first year as Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor. The order will temporarily skip that district’s new councilmember to the next in line, until that new council member is in their third year, where they will have some experience that allows them to serve more effectively. The order will resume itself following the temporary displacement. This will allow for newly elected council members to gain experience instead of immediately assuming the Mayor role. A councilmember does not have to be Vice Mayor the year immediately preceding their Mayoral year. 19 15 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook For example: a regular District 1 councilmember through this order will serve as Mayor in Y1 and Y6. A NEW D1 councilmember is Mayor in Y3 and Y6… because if the District 1 council member is new, they will serve as such in the following years: Y1: Councilmember (new council member assumes office, D2 Mayor) Y2: Vice Mayor (D3 Mayor) Y3: Mayor Y4: Councilmember (order resumes, D4 Mayor) Y5: Vice Mayor (D5 Mayor) Y6: Mayor Under this policy, the order would be: 2021 D1: Mayor Addiego, VM Nagales 2022 D2: Mayor Nagales, VM Nicolas 2023 D3: Mayor Nicolas, VM Coleman 2024 D4: Mayor Coleman, VM Flores 2025 D5: Mayor Flores, VM Addiego 2026 D1: Mayor Addiego, VM Nagales Option B: Members are rotated by seniority, but rather than going in order of vote total, the order would be determined by: % of votes earned by the winning candidate - (100 / total number of candidates) This would allow candidates who earned a larger proportion of votes and performed better than if every voter voted randomly. This also removes the influence of voter turnout in the Mayoral rotation. 2020: Nagales = 100 - (100 / 1) = 0 Coleman = 52 - (100 / 2) = 2 2022: Nicolas = 100 - (100 / 1) = 0 Addiego = 66 - (100 / 2) = 16 Flores = 54 - (100 / 3) = 21 Under this policy, the order would be: 2021: Mayor Addiego, VM Nagales 2022: Mayor Nagales, VM Nicolas 2023: Mayor Nicolas, VM Coleman 2024: Mayor Coleman, VM Nagales 2025: Mayor Nagales, VM Flores 2026: Mayor Flores, VM Addiego 2027: Mayor Addiego, VM Nicolas 20 16 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 annual meeting when a quorum of the body is present in person. If there is no quorum in person, the election shall not take place virtually. This is the first order of business. This item shall precede and happen first prior to any/all other business items are addressed, including votes or appointments.. 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 current City Council after the election of the Mayor during the same meeting. meeting when a quorum of the body is present in person. If there is no quorum in person, the election shall not take place virtually. 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 physical and virtual absence of the Mayor, the Vice-Mayor is the presiding officer. If both the Mayor and Vice-Mayor are absent in person and virtually, and if there is a quorum, the remaining Councilmembers who are in person select a presiding officer. The presiding officer should preserve strict order and decorum at all virtual and in person meetings. The presiding officer votes on all questions as do other members of the Council and has the authority to make and second a motion. 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. Vacancies In the event of four council members unable to agree on the appointment of the 5th council member, the acting Mayor shall have the ability to act as the tiebreaker to select the 5th after a period of thirty days of gridlock has passed. If there is no acting Mayor, the previous year’s mayor will have the tiebreaker vote. If that councilmember is no longer serving, then the most recent of the former-Mayor council members shall act as the tiebreaker. If no sitting Commented [AR3]: Council to review as this constitutes a significant change in current practice. 21 17 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook councilmember has served as Mayor, then the longest serving council member shall have the tiebreaker vote. If there are two council members who are first elected in the same year, the councilmember with the largest [proportion of the vote - (100 / total number of candidates)] number in the most recent election will act as tiebreaker. Government Code Section 36512 and Section 2.18.040 of the Municipal Code govern the filling of City Council vacancies. Under those law, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The City Council may appoint someone to fill the balance of the term of the office vacated or may appoint someone temporarily until someone assumes the office after a special election. A special election to fill a vacancy shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. including ethics rules And that the seat is open to either an at-large city wide representation and/or a specific district depending on who the vacated seat represented. SEATING The Mayor always sits in the middle seat at all formal in person Council meetings. The Vice- Mayor always is seated immediately on the right side next to the Mayor. The previous mayor, if still in office, will sit on the left of the Mayor, if not the assignment will be left at the will of the current mayor. The other councilmembers will join in as per the will of the current mayor. The new mayor shall exercise the right to assign the seats of the two councilmembers accordingly. 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. 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, meeting with the city manager to get updated and if possible, listening to, or viewing the recording and reading the minutes of the meeting. 22 18 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. . The city attorney will determine if there is a just-cause reason and if so, the member including mayor or vice mayor may be eligible to participate virtually following statues of AB 2449, which states:”…………………” The city attorney will determine if there is a just-cause reason and if so, the member including mayor or vice mayor may be eligible to participate vritually following statues of AB 2449, which states:”…………………” 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 about the basis for granting or denying permission to be absent. Such a determination is left to the Council as a whole. Add in a whole section how there could be option to attend remotely under AB2449 but no more than 2 times per year for a meeting. 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 every year. Members are appointed in January of each year. 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. There should be rotational every year for city internal committees and ad-hoc bodies in order for all members of the council to gain knowledge, provide feedback and expertise on city matters. The external/regional assignments shall stay the same year over year, unless there is a vacancy created by termination of term of office, death, or other physical restrictions that do not allow a Commented [WS4]: I suggest having these issues addressed in the proposed new section about attending via teleconference under AB 2449. 23 19 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook member to continue in that role. The consistency of members in each of the regional bodies is important for the representation of the city and for contextual business knowledge of the topics of that body. 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 salary schedule will be reviewed and adjusted according to COLA every election year or when a new member of the council comes into a new term. The salary schedule will be reviewed and adjusted according to COLA every election year or when a new member of the council comes into a new term. 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 or its immediate designee is authorized to receive and open all regular post office mail addressed to Councilmembers, and to give it immediate attention. Mail specifically sealed and marked “personal” or “confidential” will be transmitted to the Councilmembers unopened. Administrative business referred to in mail opened by the City Manager or designee and not requiring Council action is promptly attended to and Councilmembers are informed of both the issue and its disposition. 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. Each councilmember including mayor and vice mayor shall exercise the best use of city letterhead in all correspondence. Councilmembers are allowed to correspond to constituents directly via mail using city letterhead and or other elected officials as long as they don’t officially state an opinion on behalf of the city or entire city council in the correspondence. 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. Commented [WS5]: Under Government Code section 36516 and 36516.5, Council compensation can only be adjusted by ordinance. Changes only go into effect when a member of Council begins a new term. Increases can only be 5% per year since the last adjustment. 24 20 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 tothrough the City Manager or designee. The City Manager should be copied on any request to Department Heads or other city employees.. Council Members should not set up meetings with department staff directly, butdirectly but work through the City Manager’s Office. Routine, easily retrievable information will be provided to a requesting Councilmember as expeditiously as possible. 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 MmembersMembers 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. They should not be shared publicly or to department heads. 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, update the councilmember on past or current action items or legislation pertaining to that body, support the councilmember with correspondence to that body, scheduling with those meetings and at times attend the meeting with the councilmember, as deemed appropriate by the city manager 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 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. City council members may alert staff through the city manager, or while copying the city manager, of any requested amendments or suggestions to agenda items, so that staff may have adequate time to prepare such amendments ahead of council meetings. COUNCIL CONDUCT WITH STAFF 25 21 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Treat All Staff as Professionals: Clear, honest communication that respects the abilities, experience, and dignity of everyone is expected. No demeaning or belittling of staff during public meetings shall occur. If there is a particular incompetency of performance the matter shall be addressed privately with the City manager via correspondence or via conversation As with Council colleagues, practice civility, respect and decorum in all interactions with City staff. Do nNot aAttend any city sStaff or departmental mMeetings uUnless rNot Attend Staff Meetings Unless Requested by sStaff. This includes and not limited toStaff: Even if the Council Member does not say anything, the Council Mmember’sMember’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 electronically or otherweise 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 written request for information shall be distributed to all Councilmembers. The councilmember should not need to be identified when the information is shared to all councilmembers. EQUIPMENT AND SUPPLIES PROVIDED TO CITY COUNCIL The City provides Councilmembers with a computer, cellular telephone, iPad its corresponding peripherals and a city 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 receipts can also be submitted electronically as long as the description of said charges is made clear. 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 To ensure all Council Member views are represented, council agendas contain sections titled "Council Comments/ Requests" and “Items from Council – Committee Reports and Announcements”. These portions of the meeting allow any Council Member to request an agenda item for a future meeting and allow the City Council to have a short discussion on the request (but not on the substance of the item). Any request must include an explanation of the issue and the 26 22 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook goal of the proposed Council discussion. If there is no dissenting or opposing articulated action fromIf a majority of the Council Members when indicate the support for the request at that time is made, then the item shall be placed on a future agenda. Upon support for the request, the Councilmember may suggest andCouncil will provide direction to the city manager and staff on information that is desired to be presented and when the item is placed on a future agenda. 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. 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. Councilmembers who abuse the use of the city seal in intentional political and campaign activities, such as paid campaign advertisements, shall apologize publicly over their abuse of city resources. The councilmember will also do whatever is in their power to cease and desist the spread and distribution of such campaign materials. CONCURRENT ROLES Members of the City Council serve as members of other entities operating on behalf of South San Francisco. 27 23 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. 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 or log off if attending by teleconference and refrain from participation on the item. Once a year, and within thirty (30) days of assuming office, Councilmembers must file disclosure Commented [WS6]: Refine to clarify that a member may remain on the dais for consent items, as long as they are voted on with other consent items and note taken up individually. 28 24 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook statements for all governing or regional bodies it sits on, indicating potential conflicts of interest for both the Councilmember and the Councilmember’s spouse and dependent children. 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 or log off if virtually attending and refrain from participation on the item. Once a year, and within thirty (30) days of assuming office, Councilmembers must file disclosure statements for all governing or regional bodies it sits on, 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 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 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 virtual meeting, 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. Add in social media description and restrictions of Brown Act. Add in AB2449 components relating to Brown Act and not needing to post meeting agendas, etc.. 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 29 25 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 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. 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-thirds 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 30 26 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. 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. 31 27 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. Add in something about meetings are also made available virtually to the public as deemed by the city council under AB2449. 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 either in person or a combination of in person and virtual, the Mayor, Vice-Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting. 32 28 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 unless the meeting needs to happen remotely.. 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, at council chambers, 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 providing a written notice twenty-four (24) hours in advance to each member of the Council electronically 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. Is this meeting able to be held virtually under special circumstances or emergency declaration? 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. Commented [AR7]: Change will need to be made to the Municipal Ordinance Chapter 2.04 City Council - Meetings 33 29 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 or fine any Councilmember, the City Manager or City Attorney, or city department head 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 or legal teams.. 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 council chambers. 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 or vote 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. No council comments, special recognitions or committee reports shall occur at study sessions. Teleconference Remote 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 teleconference (audio-visual platform or telephone) are governed by the Brown Act, as amended by AB 2449. Teleconference attendance under the provisions of the Brown Act other than those added by AB 2449 shall be permitted not more than 3 times a year, unless the entire Council is meeting by teleconference. In addition, at least a quorum of the Council must participate from a location within the City (Government Code Section 54953(b)(3)). Additional limitations apply to attendance by teleconference under the provisions of the Brown Act added by AB 2449. 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 City Council Procedures provisions concerning Teleconference meetings shall apply to City Council members. Requests by Council Members to attend a Council meeting irtually or via ia telephonic Commented [AR8]: Suggested change to remove location and time. Commented [AR9]: Is zoom or similar platform considered "teleconference"? Commented [WS10R9]: This should be updated to reflect teleconference meetings under the old Brown Act rules and 2449. 34 30 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook appearance are actively discouraged.are held under the statutes of AB 2449, which states: “………………………………………..” Telephonic attendance shall be permitted not more than 3 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. 35 31 | Page South San Francisco City Council Procedures and Protocols Handbook 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 as much as possible 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. CouncilmCouncil 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. CouncilmCouncil Members are role models for residents, business people, and other stakeholders involved in public debate. At meetings council members should agree to sit at the dias, use the microphone and chair assigned to them and not sit elsewhere during a meeting. 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. In an effort to highlight an agenda item, or to address the growing interest of a particular agenda item, tThe City Council, may direct the city manager to review and change the agenda and may take matters up out of order, any member may bring this up and a vote will be taken if there is a dissent from any 36 32 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook of the members present. The Order shall be as follows: 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 4. Agenda Review 5. Announcements from staff 6. Presentations 7. Council Comments/Requests 7.8.Public Comments 8.1.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 or it designee calls the roll. In the absence of the Mayor and the Vice-Mayor, the City Clerk or its designee 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 For a regular or special meeting, the City Council will take up its business for consideration and disposition in the order prescribed as follows; however, the City Council, may direct the city manager to review and change the agenda and may take matters up out of order; any member may bring this up and a vote will be taken if there is a dissent from any of the members present. with the consent of a majority of the Councilmembers present, matters may be taken out of order. Items may be placed on the Consent Calendar by the City Manager when such items are expected to be routinely approved without discussion or debate. The Consent Calendar shall be voted upon as one item, provided, however, that Councilmembers or members of the public may request that an individual item be removed from the Consent Calendar, in which case the item shall be considered after the vote on the remainder of the Consent Calendar. Any item pulled from the consent agenda may be up for discussion and a brief staff explanation will be provided as to provide context or answer the question or reason the item was pulled/removed from the consent calendar. When an item is pulled/removed by a member of the public, that individual will only have one opportunity to address the council on ALL items of the consent calendar it wishes to speak on; there will not be separate time alotted for each individual item on the consent calendar, if more than one item is pulled/removed by a member of the public. 37 33 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. Public Comments Individuals speaking under “Public Comments” generally are limited to a maximum of three (3) minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). 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. In instances where there is a technical or audio issue, the member of the public will not be held against the running time and the clock will be reset to allow for the total time without interruption. Members of the public will be afforded the opportunity to speak, upon request, regarding all items under the subject matter jurisdiction of the City Council. The Mayor has the authority to modify the time limits set forth below based on the size of the agenda and the likely number of speakers. The agenda for any regular meeting shall provide an opportunity for members of the public to address the City Council on matters within the City Council’s jurisdiction that do not otherwise appear on the agenda for that meeting. During special or study session meetings, the public may address the City Council only on items on the agenda. Therefore, public testimony on agendized items will occur during City Council consideration of the item. The public should not ask direct questions to city staff, city manager, city attorney or other non-elected or appointed members of the council, but should address their comment to the city council only. Due to the number of items on the agenda and the length of City Council meetings, and to ensure equal treatment of all speakers, the following time limits have been set: 38 34 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook The Mayor has the authority to modify the time limits set forth above based on the size of the agenda and the likely number of speakers. Speakers may not assign unused time to other speakers. During Public Hearing or Consideration items, group spokespersons are allotted 10 minutes in-lieu of other members of the group speaking on the item. A final warning by the city clerk or designee will be issued when the decided public comment time limit has been reached. The public commenter will have ten seconds to wrap up their testimony. To be fair, public comments that go beyond ten seconds past the decided time limit will be cut off by the city clerk. All members who are cut off will be informed that they are able to submit the remainder of their public comment through email to the city clerk and council. For city council meetings, members of the public will have the ability to participate remotely and give public comment virtually through Zoom. Agenda Section Time Limits Public Communications  A maximum of 3 minutes for each person whether an individual or group spokesperson.  Total time allocated at beginning of meeting: 30 minutes; additional time for public comment may be allocated at the end of the meeting if necessary. The Mayor shall allocate the 30 minutes among as many different topics as feasible. Times may be modified by the Mayor in some circumstances. Public Hearings OR Consideration Items Order of presentation: Minutes: Staff presentation As needed Appellants (when not applicants) 15 Applicants 15 Organized presentation by group spokesperson 10 Individual speakers 3 Rebuttal by applicant 5 Rebuttal by appellant 5 Agenda Section Time Limits Public Communications  3 minutes for each person whether an individual or group spokesperson.  Total time allocated at beginning of meeting: 30 minutes this includes time for public comment on consent calendar agenda items; additional time for public comment may be allocated at the end of the meeting if necessary. The Mayor shall allocate the 30 minutes among as many different topics as feasible. Times may be modified by the Mayor in some circumstances. Public Hearings OR Consideration Items Order of presentation: Minutes: Staff presentation As needed Appellants (when not applicants) 15 Applicants 15 Organized presentation by group spokesperson 10 Individual speakers 3 Rebuttal by applicant 5 Rebuttal by appellant 5 Commented [AR11]: Suggested change. 39 35 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Upon a majority vote of the city council, a period for additional public comment may be opened following a round of council deliberations. Remove the thirty-minute time limit for public comment. The mayor already has the discretion to modify public comment time limits. When to Speak During Public Communications, the presiding officer will recognize persons who wish to speak on matters that are not on the agenda and are within the subject matter jurisdiction of the City Council. Public comment on agenda items will be taken when the City Council considers the item. All remarks shall be addressed to the City Council as a legislative body and not to any individual Councilmember or other non-elected officials including city staff, city manager or city attorney. Councilmembers may ask questions of a speaker at the close of a speaker's testimony. Staff may be given the opportunity to clarify public comments on matters of fact before closing for City Council deliberations. For hybrid meetings, the city clerk will first call on the members of the public that are present at the in-person meeting location. Following the conclusion of those comments, the city clerk or its designee will turn to the virtual members of the public who have expressed interest in providing public hand by signaling either verbally or by raising a “virtual hand” or emoticon, that they wish to comment. Members of the public who provide comments virtually shall be given the same amount of time as members of the public who attend a meeting in public. Unless there is technical or audio issues. Members of the public are not required to identify themselves or turn on their virtual cameras but as a courtesy to council, could if they wanted to identify themselves and their place of residence. Failure to Speak Any failure of a member of the public to request to speak on an item, or any failure by the City Council to afford an opportunity to speak on an item, shall not affect the City Council's right to act on that item or the validity of any action subsequently taken by the City Council. Staff Staff may be provided the opportunity to present a summary of each staff report and will be available to answer questions of Councilmembers and not questions from a member of the public or group of persons. Spokesperson for a Group of Persons 40 36 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook When any group of persons wishes to address the City Council on the same subject matter, the presiding officer may ask the group to select a spokesperson to address the City Council. A group spokesperson shall ask the presiding officer to acknowledge him or herthem as a group spokesperson prior to beginning to address the City Council. Addressing the Council during Council Deliberations Council deliberations are defined as, the time when city council has heard staff or consultant presentation, has allowed time for public comment and has then proceeded to discuss and deliberate the item amongst themselves prior to a motion or vote. No person may address the City Council following the time for public testimony and during City Council deliberations, this includes during or after a presentation, unless a majority of the City Council agrees or in answer to a specific question directed to the individual by a member of the City Council. Continued Items When a meeting is adjourned or an item is continued to another date, generally the continued item will be placed first on that portion of the agenda at that meeting; however, where deemed necessary, the City Clerk, with the concurrence of the City Manager and Mayor, may place a continued item in a different order on the agenda. 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 local time. The Council also generally doeswill 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.so votes. The mayor may ask the city manager to identify any time-sensitive matters needed to be addressed by council and shall prioritize those items over any others than warrant a lengthier or more substantive discussion. The City Council will endeavor to conclude its remaining business that evening in an expeditious manner by continuing all other items of other than a routine nature. Presentations The total amount of time for all presentations shall not exceed fifteen minutes per meeting unless otherwise approved by the Council. This includes presentation from staff, community members or a group, or by a councilmember. It should be the aim that the total amount of time for all presentations shall not exceed fifteen minutes per meeting. The council may motion to vote to move presentations to future meetings or to the end of the meeting after fifteen minutes has passed. Commented [AR12]: Suggested change. 41 37 | Page South San Francisco City Council Procedures and Protocols Handbook 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. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). 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. State law prevents Council from responding to public comments or acting on matters not on the agenda. 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. Digital Speaker Cards and Other Protocol. If aA member of the public who wishes to address the City Council and they are attending the meeting in person, they will be asked to complete a digital speaker card for the record; which includes the speaker's name, address and other contact information, and the number of the agenda item. The completion of a public comment card is not necessary to address the City Council but will aid the City Clerk in maintaining an accurate record. The digital speaker card Commented [AR13]: Suggested change. 42 38 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook will be made available via an electronic kiosk at the meeting location. Those attending the meeting virtually will not be required to fill out a speaker’s card but will make every effort to signal their interest in speaking or providing comment by raising their “virtual hand” or verbally letting know of their interest. To ensure accuracy of the record, members of the public addressing City Council should speak in an audible tone of voice into the microphone. For those members of the public addressing the council virtually, they should be aware of when the clerk of its designee unmutes them and allows them to start their comments. 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 any city staff member or consultant. 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. Council Discussions To assist the City Council in the development of a structure for orderly discussion of items, rules have been prepared which represent accepted practices for the management of City Council meetings. 1. Obtaining the floor. A member of the City Council or staff shall first address the Mayor to gain recognition. Comments and questions should be limited to the issue before Council. Cross-exchange between Councilmembers and public should be avoided. 2. Questions to Staff. A Councilmember shall, after recognition by the Mayor, address questions to the Department Director or designated staff member. If a Councilmember has questions on an agenda item, that member should make every reasonable effort to express and share those questions to the city manager and with their knowledge, contact staff prior to the meeting in order to allow staff time to research a response/answer for the meeting. If staff answers a written question from a councilmember about an item on the agenda via written form, that response should be copied to all other Councilmembers. 3. Interruptions. Once a Councilmember has the floor, other Councilmembers may not interrupt except to make a point of order or point of personal privilege. The public may not interrupt or interfere with a councilmembers comments. 4. Discussion Limit. A Councilmember should not speak more than once on a particular subject until every other Councilmember has had the opportunity to speak, unless that item is of high concern to the district that councilmember represents. 43 39 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 5. Tabling Procedure Tabling an item immediately stops discussion and causes a motion and a vote to postpone a matter indefinitely or to a time and date certain. This requires the majority vote of council members. 6. Right of protest. A Councilmember is not required to state reasons for a dissenting vote. 7. Calling for the question. The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A Councilmember may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable, and no further action or public comment may be taken and the City Council must vote on it. 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. Unless that councilmember is calling a point of order on the speaking councilmember. To assist the City Council in working with a wide variety of backgrounds, personalities, opinion, values, and goals, additional protocols are outlined below: 1. Use Formal Titles. Councilmembers should refer to one another formally during public meetings as “Mayor,” “Vice Mayor,” or “Councilmember,” followed by the individual’s last name. 2. Technology. Cellular telephones or any other telecommunications devices should be in the silent mode or turned off during the City Council Meeting.All Brown Act rules should be followed regarding technology devices. However, it is understood that during hybrid meetings councilmembers may utilize their devices to aid them in the meeting. 3. Practice civility, respect and decorum in discussions and debates. 4. Honor the role of the Mayor in maintaining order. 5. Not demean, embarrass or speak-down to city staff or senior management members. 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 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 44 40 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. Warnings. The Mayor shall ask that any person violating the rules of decorum be orderly and silent. The warning shall be in substantially the form described below. If, after receiving a clear verbal warning from the Mayor, the person persists in disturbing the meeting, the Mayor may order a brief recess of the City Council to regain order. If the person persists in disturbing the meeting, despite having been previously warned, the Mayor may order him or her to leave the City Council meeting. If the person does not depart the City Council Chamber of his or her on their own volition, the Mayor may order any law enforcement officer who is on duty at the meeting as Sergeant-at-Arms of the City Council to escort that person from the City Council Chamber. If the member of the public causing a disturbance is attending virtually, the city clerk or designee will remove the individual from the virtual meeting and/or mute them or block them from entering the virtual meeting again. The Mayor shall deliver the requisite warning in substantially the following form. If the member is attending virtually this will also be provided in written form via virtual mode for the individual to read clearly. It will state as follows: You are hereby advised that your conduct is in violation of the Rules of Order and Decorum of the City Council and California Penal Code Section 403, and you are directed to be orderly and silent. Penal Code Section 403 states that any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor. Continued disruption of this City Council meeting will result in your removal from the meeting by the Sergeant-at-Arms and you will not be permitted to return to City Council Chamber for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for your being arrested and charged with a misdemeanor. Do you understand this admonition? Misdemeanor. Any person who willfully disturbs or breaks up a City Council meeting may be arrested and charged with a misdemeanor, pursuant to California Penal Code Section 403. 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 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. Commented [WS14]: I suggest that we blend these deleted provisions with the text added above. 45 41 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. 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. For members of the public, city staff or other attending a meeting in person: Cellular telephones or any other telecommunications or two-way communication device should be in the silent mode or turned off during the entirety of the City Council meeting. Literature distribution or petition circulation is not permitted when Council is in session or during council meeting recess.. 46 42 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook Such activity may not occur outside the meeting room, parking lot or within the vicinity of the meeting and access to councilmembers, the public or city staff or city employees may not blocked. Such activity may not occur outside the meeting room, parking lot or within the vicinity of the meeting and provided access to councilmembers, the public or city staff or city employees may 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. The City Clerk or its designee shall act also as such in any virtual or hybrid setting. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms or the city clerk or its designee to eject any person from an in person or virtual meeting. The Chief of polic or the representative of the Chie of police has the additional right to, 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 in-person and virtually and continue in session. Smoking Prohibited It is unlawful for any person to smoke in any room in which a Council meeting open to the public is being held. This includes areas where there will be closed session or utilized during council meeting recess. 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 to be presented at an appropriate function. Proclamations are public announcements directing attention to a person, an organization or event, or bringing awareness or commemorating a holiday or cause of historic significance. They can also be issued to individuals 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. They will be presented are regular council meetings and the mayor may designate a councilmember to read the proclamation into the record. All members of the city council should due every effort to sign the proclamation prior to the start of the council meeting in which it will be presented, unless unforeseen circumstances prevent from doing so. Commendations/Certificates of Recognition Commented [WS15]: This change requires legal review. Commented [AR16]: Suggested change. 47 43 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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/or Councilmembers and are presented at an appropriate function or Council meeting. Councilmembers may request certificate of recognition for a particular cause, organization or person or event happening in their respective districts. 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 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 48 44 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. This minute orders shall be delivered by the City Managers office via electronic form to all residents and posted outside of city hall. The City Manager will consult with the City Clerk and Communications director to ensure consistency and factual information and votes/motions from the meeting are recorded and publicly shared. 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. City Council Meetings Video Streamed and Broadcast All City Council meetings held in the City Council Chamber or via virtual platforms are broadcast live and rebroadcast on the City’s government access channel, web-streamed on the City’s web site, and digitally archived. The recordings of the City Council meetings are not the official record of those meetings. The minutes are the only official record. MINUTES The City Clerk shall ensure the preparation of the minutes of each City Council meeting, and these minutes will comprise the official record of the actions of the City Council. City Council minutes are action minutes, wherein little narrative is included, for televised meetings. Nontelevised meetings may contain additional information. Councilmembers have the authority to make revisions to the minutes subject to a majority vote of the City Council. Councilmembers having only typographical corrections to minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. To make amendments to the minutes of a City Council meeting, a Councilmember should notify the City Clerk in writing of the proposed changes in advance of the meeting. In doing so, this will allow the City Clerk to prepare an amended set of minutes for distribution either prior to or during the City Council meeting. 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. 49 45 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. Once the minutes are approved by the City Council, the Mayor and City Clerk will sign the minutes verifying their accuracy. The City Clerk will maintain the minute archives. 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 Commented [AR17]: For Council review 50 46 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 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. 51 47 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 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 or call the 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. 52 48 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. 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. 53 49 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 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. During the roll call, it is not in order for any member to explain a vote. 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. If a member of council is joining in remotely and as per AB2449, all votes will be made by roll call. Silence constitues an abstention vote. Councilmembers who are silent during a voice vote shall have their vote recorded as abstaining. For the purposes of counting votes, a “present and voting” system will be used. Abstention votes on a motion will not be counted. Members who abstain are counted for purposes of determining quorum (the member is “present”), but an abstention vote on a motion will be treated as if it did not exist (the member is not “voting”). When a Councilmember recuses themselves to comply with the Political Reform Act and FPPC regulations and they leave meeting, they will be counted as absent. When a Councilmember recuses themselves for other reasons where they are not legally required to do so, their recusal will be treated as an abstention. In which case, a stated reason as to the recusal should be provided. Silence constitues an affirmative vote.absention vote. Councilmembers who are silent during a voice vote shall have their vote recorded as bstaining nan affirmative vote, except when individual Councilmembers have stated in advance that they will recuse themselves. In which case, a stated reason as to the recusal should be provided. 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. Commented [AR18]: Removed as votes are currently taken by roll call. 54 50 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. A councilmember may submit in written form to the city attorney and city clerk its intention to change and withdraw a previously given vote if there is substantial new information that the councilmember was not aware of and has been brought to the attention of the member since casting the orignal vote. Disqualification and recusal of a vote. 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. If there is a permanent vacancy on council as a result of a resignation, legal action or an election and there are only four members of the council, all important and major votes on agenda items will be postponed until there is an appointment or an election of a new member to bring the total composition of the city council to five members. If there is a permanent vacancy on council as a result of a resignation, legal action or an election and there are only four members of the council, all important and major votes on agenda items will be postponed until there is an appointment or an election of a new member to bring the total composition of the city council to five members. 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 6. Approval of a new member of council either by appointment or the call of a special election to elect a new member. – 3 Affirmative Votes PUBLIC HEARINGS Commented [WS19]: If Council is interested in adding something for this situation, I suggest a procedure such as the following: - At the next regular meeting after the vote, the Councilmember may request that the item be agendized at a subsequent meeting for reconsderation. - If a majority of Council votes affirmatively to reconsider the item, it will be scheduled for a future meeting. - Any Councilmember may change their vote as part of the reconsideration. Commented [WS20]: If Council is interested in adding this, an exception should be added for matters that are legally required to be considered during the vacancy. 55 51 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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, this should also take into account number of members of the public also joining in virtually and speaking remotely.. 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. Councilmembers should not speak on an issue until the public hearing has been closed and public comment has been received or read.. 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 56 52 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 will 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 or its members to criticize verbally or written or via social media the council 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, or be an elected or appointed official of another governing body in public service 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, and in some instances a resident of the specific council district representing, 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 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 57 53 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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$100.00 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. Rotation of Chair and Vice Chair in Boards, Commissions or Committees As to resemble the same process as city council, each January each body shall reorganize itself from its current filled seats and select a chair, vice chair and in some instances a secretary. The Chair should be the next most senior member of the body that has held the job of vice chair. In the event of a vacancy(s) the Chair should have served at minimum two years within the body. The vice chair should be elected from existing members of the body and should have served at minimum a period of one year in that body. For those bodies who hold the position of secretary, any new or existing member may hold the position. All reorganizations of the bodies will take place in person. No member of the body not in attendance may be nominated for an officer role. There will be no skipping of members in the roles. Any objection to the election of officers should be submitted in writing to the Mayor and city council and council will determine wether to take up that item for action or not. Procedure for Making Appointments and Reappointments Commissioners are appointed by a majority vote of the City Council and serve staggered terms. The process begins with the City Council interviewing current commissioners who are up for reappointment. All new and those seeking reappointment will submit a completed application via the city clerk’s office. In the event that a current commissioner or board member does not seek reappointment, an official letter of resignation stating the date of final service should be submitted to City Clerk’s office and shared with city council. If a current seat holder does not seek reappointment there will be an additional two weeks of recruitment open to advertise, and publicize the opening of that position. After reappointments are complete, the City Clerk recruits for open seats utilizing multiple types of advertising, socialthe media, and various languages including via city newsletter, and mayor’s weekly email and networking opportunities to present qualified candidates to the City Council for consideration. 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. This should be filled out completely and not handwritten. 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 acknowledge that he application is past the filing deadline and that it will not be considered in the upcoming recruiting cycle. present the late application for consideration by Commented [AR21]: Stipend increased to $100.00 Commented [AR22]: Notices are done in English and posted on the website where they can be translated via Google Translate. 58 54 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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. It is the responsibility of the applicant to be aware of the date of submittal and track its date of expiration of the application. All interviews will be held in person unless indicated by an emergency declaration. No hybrid interviews will be considered unless under special circumstances. Any applicant who fails to attend their interview will be disqualified and their application will be removed from consideration from the date of the interview and until a year. There will be no excused absences for interviews or rescheduled interviews for applicants who failed to attend their interview. Appendix 9: Commissions, Boards, and Committees Application Process. Any appointees must comply with appropriate provisions of law regarding disclosure of financial interests, if applicable. It is the policy of Tthe City Council will 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. Appointments to successive teams automatic by Council majority. At the conclusion of this term, after consideration of the member's record (including attendance), an individual may be reappointed for a second term if it receives a majority vote from a quorum of city council. Vacancies in any board or commission are filled by appointment in the same manner as original appointment, unless that role or seat was appointed by a councilmember representing a specific district.. 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. 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 a twelve-month period. 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 email and telephone via email 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 will be informed of 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 staff liaison shall inform the City Clerk and the City Manager’s Office shall draft a letter from the Mayor to the Board or Commission member regarding the absentee policy and request for an explanation before the inquire as to whether the Mayor wishes to bringsbring the matter to the Council. The mayor shall provide a report to council on a quarterly basis via a report created by City Clerk’s office of any current appointments that require action or attention due to unexcused absences. Commented [AR23]: Suggested change Commented [AR24]: The language aligned to reflect 12-month period for absences. 59 55 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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 or to city liaison committees with other governing bodies.. 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. The interview and selection of candidates is an open process. The City Council reviews the applications and votes to select the most qualified applicants to interview. Following the interviews, the City Council ballots and appoints the applicant(s) receiving the highest number of votes. 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 number of terms that the incumbent appointee has served, 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. To reduce confusion, each board and commission will have its own application tailored to its duties. Boards and Commission applicants shall be encouraged to submit a resume and cover letter for their first choice commission. A brief description of each board and commission and their associated responsibilities will be included with the application. All applications that have a portion of an applicants’ submitted answers cut off, shall be notified and have the opportunity to edit and resubmit complete applications within one day of being notified. 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. No applications submitted after a week following the deadline will be considered. Commented [AR25]: Suggested change. 60 56 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook If an applicant applies to a board or commission with no vacancy whether it be singular or through an application applying to multiple commissions, that applicant shall be notified and have the opportunity to revise and resubmit the application. 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. Applications will be circulated advertising all positions for reappointment. By the end of the application period, if all incumbents are not termed out and all plan to reapply, the city council will be notified. If two or more of the city council members wish to open the interview process to all applicants, they shall notify the city clerk anonymously within one week. If two or more council members wish to open the interview process, then all applicants will have an opportunity to interview. If two or more are not reached, the council will have the option to not hold the interview. If any incumbent member who is not termed out does not decide to reapply for an additional term, the application for that board or commission will be extended by two weeks and the city council will be notified. 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 shethey have served. The applicant will submit this request in writing to the city council via the City Clerk’s office. 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 25 years of uninterrupted service to the City in various more than one capacityiescapacities, including but not limited to, as an employee, a volunteer, and/or a board member or cCommissioner, or a former elected official having served within that board or commission.Commissioner.  The applicant must be an active participant in the cCommunity and in the area in which it hopes to gain emeritus status from.Community.  The applicant’s historical/institutional knowledge must contribute to the Agency’s boards/commission 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/or 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 communicationsparaphernalia, including, but not Commented [AR26]: Suggested change to reduce 50 years. 61 57 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook 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.  The Emeritus will not be held under Brown Act rules. San Mateo Council of Cities/City Selection Committee On the first vote for a position opened and advertised and subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s designated representative which can be the(i.e., Mayor or Vice Mayor or the presiding officer indicated via a formal proxy) must vote in accordance with the City Council’s direction. If the mayor is not able to attend the monthly San Mateo Council of Cities/City Selection Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy by submitting a formal document and submitting, it to the county clerk of the board. At these meetings, the Mayor, Vice Mayor or the most senior member of council (determined by election date) will introduce the council delegation attending and representing the city at these events/meetings. All subsequent votes are left to the discretion of the designated representative. Before each Council of Cities meeting, the Mayor shall consult the city council on the direction for the first vote for a position. 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. It should do this in conjunction and working with the City Manager and considering the city’s hired consultants specializing in public policy/affairs in legislative matters Commented [AR27]: Suggested change 62 58 | Page South San Francisco City Council Procedures and Protocols Handbook South San Francisco City Council Procedures and Protocols Handbook at the state or federal level. The Council may also weigh the position of the California League of Cities in such policy considerations. If the subject matter does not relate directly to city business or to local 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. Every Councilmember will be allowed to send letters of support or opposition with their individual name signed on it, and without any other councilmember’s name on it unless consent is given. It will be clearly stated on the letter that the statement is a reflection of a singular councilmember’s words, and not the official position of the city or the entire city council. For legislative matters that are voted on during council meetings, letterhead and signatures of the Mayor, Vice Mayor, AND three council members will all be included in the letter. Legislative letters of support or opposition passed in this manner will be the official position of the city or city council, and the letter will state it as such that its contents was voted on by a majority or unanimously by the council members. 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 or unrestricted funding. 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. A majority vote from city council will be required for all building dedications. All new dedications of naming of individuals or buildings should also be reviewed by the City Council naming committee. Commented [AR28]: Suggested deletion Commented [AR29]: Suggested change 63 APPENDIX 1 Selection of Mayor and Vice Mayor/Council Reorganization This appendix addresses the selection and rotation of the roles of Mayor and Vice Mayor. As set forth in the most updated City Council Handbook, the Vice-Mayor is usually selected as the Mayor. The City Council believes the community benefits and is represented by ensuring the positions of Mayor and Vice-Mayor are held at various times by all council members who represent five distinct districts within the City. 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 until it is modified reviewed and modified by a new composition of City council or a subsequent elected 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. The member should have at least one year serving and having completed to become Vice Mayor. The member should have two years serving and having completed to become 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 determined by several factors. All of these need to be heavily weighted before any rotational order is created. 1. First, the number of votes received to the lowest received does not work as council now is elected district-elections and not city-wide. 2. Second, there may be members who have 1 or more opponents running against the incumbent which separates out the vote count when compared to an incumbent who runs unopposed. 3. The District composition and number of registered voters should be a factor, as some districts will have a lower turn out than others where majority of resident’s vote. 4. District seats for Districts 2 and District 4, which are held on presidential election years will constitute a higher voter turnout and off-year elections when Districts 1, District 3 and District 5 are held. 5. The fair and equal representation from Districts that have not had a representative as vice mayor or mayor in the last 3 years should precede the above factors in order to ensure that each city elected district has representation in the roles of vice mayor and mayor. 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, that adheres to the factors above in sequence shall be nominated for that position, exception by agreement between two Councilmember and Council vote. Rotation should complete for all councilmembers.. 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. 64 APPENDIX 1 In the event of a vacancy, either by resignation, death, illness or legal repercussions, the role will be filled by the rotation of order. No new elected or appointed member may hold the position or vice or mayor until it has completed the set timeframe as described above. Based on Councilmember Addiego’s appointment as Mayor on December 9, 2020, and assuming all current council members are re-elected, Tthe 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 FloresAddiego 2025-2026 FloresAddiego AddiegoFlores The election of the Mayor and Vice -Mayor shall be by vote of a majority of members of the City Council. The Mayor shall be seated and assume the duties of presiding officer immediately following the election of Mayor and before the election of the Vice Mayor unless a motion is carried to elect and seat the Mayor and Vice Mayor at the same time. The mayoral rotation system can be changed at any time by a Council majority vote. The council reorganization and election of the mayor and vice mayor should be held and occur prior to any other official city council meeting occurring in the month of December and before any agenda item is considered in any special or regular meeting, this includes appointments or elections or motions or votes on any legislative or policy making matter. The planning details and agenda of the reorganization special meeting, including the program will be coordinated by the City Manager and its office or its designee and overseen by the current vice mayor along with a member of council who is not up for election that current year. The meeting shall occur at a public meeting space in South San Francisco, large enough to accommodate members of the public who wish to attend. There are several problems with the current rotation. First, the districts that have a higher proportion of immigrants, people of color, renters, and low income residents will always have lower voter turnout and thus a lower number of votes. In addition to this, districts that are held in midterm election years will always have a lower number of votes than those elected in general election years. There is also the issue of council members that are elected through uncontested elections always naturally having a higher vote count than those who run and win in contested elections. Also, councilmembers who run against multiple candidates will naturally have lower vote counts than those who run against one candidate. Here are some proposals to change our rotational policy to make it more equitable. 65 APPENDIX 1 Option A: Members are rotated in order of the district number they represent. With the advent of district elections, it is important to ensure that every district has an equal chance at representation through the Mayorship. In the event of new councilmembers being elected and beginning their term on their district’s “mayor year,” it will be required for any new council member to start their first year as Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor. The order will temporarily skip that district’s new councilmember to the next in line, until that new council member is in their third year, where they will have some experience that allows them to serve more effectively. The order will resume itself following the temporary displacement. This will allow for newly elected council members to gain experience instead of immediately assuming the Mayor role. A councilmember does not have to be Vice Mayor the year immediately preceding their Mayoral year. For example: a regular District 1 councilmember through this order will serve as Mayor in Y1 and Y6. A NEW D1 councilmember is Mayor in Y3 and Y6… because if the District 1 council member is new, they will serve as such in the following years: Y1: Councilmember (new council member assumes office, D2 Mayor) Y2: Vice Mayor (D3 Mayor) Y3: Mayor Y4: Councilmember (order resumes, D4 Mayor) Y5: Vice Mayor (D5 Mayor) Y6: Mayor Under this policy, the order would be: 2021 D1: Mayor Addiego, VM Nagales 2022 D2: Mayor Nagales, VM Nicolas 2023 D3: Mayor Nicolas, VM Coleman 2024 D4: Mayor Coleman, VM Flores 2025 D5: Mayor Flores, VM Addiego 2026 D1: Mayor Addiego, VM Nagales Option B: Members are rotated by seniority, but rather than going in order of vote total, the order would be determined by: % of votes earned by the winning candidate - (100 / total number of candidates) This would allow candidates who earned a larger proportion of votes and performed better than if every voter voted randomly. This also removes the influence of voter turnout in the Mayoral rotation. 2020: Nagales = 100 - (100 / 1) = 0 Coleman = 52 - (100 / 2) = 2 2022: Nicolas = 100 - (100 / 1) = 0 Addiego = 66 - (100 / 2) = 16 Flores = 54 - (100 / 3) = 21 66 APPENDIX 1 Under this policy, the order would be: 2021: Mayor Addiego, VM Nagales 2022: Mayor Nagales, VM Nicolas 2023: Mayor Nicolas, VM Coleman 2024: Mayor Coleman, VM Nagales 2025: Mayor Nagales, VM Flores 2026: Mayor Flores, VM Addiego 2027: Mayor Addiego, VM Nicolas 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 refreshmentsincidentals beyond those normally provided every year. The reorganization meeting should be a special meeting and no other action or business item or presentation will/shall take place unless by approval of the entire council and councilmember-elect members. Formal invitations to the installation and reorganization will be created by the City Manager’s Office free of charge to the elected members. Each member being sworn in or installed will receive a predetermined number of invitations to distribute. The cost of mailing will be covered by the City Manager’s Office. The City Manager’s office will also create a graphic invite to publicize and invite members of the public, via social media and/or other communication channels. Recognition of Outgoing Mayor and/or Council MembersElected Officials The Installation and Reorganization Meeting will also include recognition of the outgoing Mayor and any outgoing council member(s) or City Treasurer or City Clerk . As part of the recognition, the City may provide the outgoing Mayor elected members and any outgoing council member(s) with a nominal gift, proclamation and plaque recognizing their time of service to the City. Swearing in of Mayor, Vice Mayor and newly or re-elected members: All members elected or re-elected to the city will be ceremonially sworn-in at the installation/reorganization meeting unless there is a declared state of emergency that requires this to take virtually or in other form. The City Clerk shall work with each member to be sworn in to ensure proper legal compliance exists of those who will be executing the oath of office. 67 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 City Clerk or Assistant/Deputy 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 Council comments/requests: Council announcements and requests. Public Comment: Ask City Clerk or designee if there are members of the public wishing to speak on non-agendized items. First to begin with in-person attendees and then continue on with members joining remotely. A total count of members of the public (both in person and remotely) should be disclosed prior to determining the time allotted for all speakers to address the council. 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. Under the Public Comment section of the agenda, members of the public may speak on any item not listed on the Agenda and on items listed under the Consent Calendar. Council comments/requests: Council announcements and requests. Consent Calendar: “Madam City Clerk would you please read the Consent Calendar.” Ask if there are any members of the public wishing to provide public comment on one or all items.  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, unless they review the minutes of the meeting missed. ) 68 APPENDIX 2 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 and the both in-person and remote members of the public have provided public comment, then, declare the hearing closed.  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 advisablewill then proceed. State: “Motion passes or nays or those voting in abstention or recusal”.  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. 69 Rev 1/2023 To: Accounts Payable, Finance Dept. Department Division Period Hotel Other B L D Code For Other Expenses:TOTAL: A Taxi, Bus or Car Fare B Telephone C Parking Fees Mileage: Include mileage summary &/or mapquest printout. D Train/Plane Fares (attach receipts)Miles @ = E Registration Fees (attach receipts) Jul 2022- Dec 2022 Jan 2023- Dec 2023 Miles @ = F Guest Expenses (Name & Title) G Miscellaneous (attach receipts)Total Amount of Claim H Tips (program will calculate amounts entered) I Per Diem NOTE: Safety shoes, uniform and tools allowance requests - fill out "Reimbursement Form - Payroll (Boots/Uniforms/Tools)" and forward to PAYROLL with original receipt(s) attached. For Wellness and Personal & Professional reimbursements-complete "Personal and Professional Reimbursement Form," attach original receipt(s) and forward to HUMAN RESOURCES. ** Due to IRS regulations, reimbursements for meals for one day (non-overnight) travel are not allowed unless the meal is part of the cost of registration itself or if the meal is for a work meeting. I have received an advance of $ I certify that this claim is a true record of expenses incurred on official business of the City of south San Francisco during the above period. Amount of Claim Acct. No.Amount: Less Advance $ Acct. No.Amount: Acct. No.Amount:Net Amount Due APPROVED BY:Acct. No.Amount: For Use by the Department of Finance PRE AUDIT APPROVAL APPROVAL By:Date: Director of Finance Date Date Paid:Check No. $ $ $ $ Date $ $ $ $ $ $ $ Date Explanation Meals ** Daily Total CITY OF SOUTH SAN FRANCISCO STATEMENT OF EXPENSE 2023 Administrative Instruction IV.2 Name 0.625 0.655 For employee reimbursements, scan completed form including supervisor signature and attach all receipts & event flyers along with any other supporting documentation to Eden invoice entry. ClassificationEmployee , which should be deducted from the above expense. 70 Department Liaisons to Boards and Commissions 2021 2023 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 Personnel Board Human Resources Department Planning Commission Economic and Community Development Department/Planning Division Public Safety & Equity Commission City Manager’s Office/Equity Officer Traffic Safety Commission Economic and Community Development Department Youth Commission City Manager’s Office County Board Commissions and Committee – Appointed by the City Council as representative of the City of South San Francisco 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 Updated: 08/2021 APPENDIX 7 71 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 – proposal to increase to 7 members. 5 3 years 4 City Council Measure W Citizens’ Oversight Committee 5 4 years Limited Appointment City Council Parking Place Commission 3 3 years 4 City Council Parks & Recreation Commission 7 4 years 3 City Council Personnel Board 5 4 years 3 City Council Planning Commission 7 4 years 3 City Council Public Safety & Equity Commission 7 2-years; 4 years (based on elected members of council) None City Council Traffic Safety Commission 5 3 years 4 City Council Youth Commission 15 2 years Age limit 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: 08/2021 72 APPENDIX 8 73 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 fully complete and submit electronically a City Commissions, Boards, and Committee application. Forms are available online at in theat City Clerk’s Office website. The application should adhere to the stated instructions and should not exceed a total of 4 pages including the two original questions. The responses to each question should be limited to 150 words and submittal of the application should be typed, not handwritten. All handwritten applications will not be considered. If there is no vacancy for a seat, or the applicant is not selected, the City Clerk will hold the application on file for one (1) year from receipt. It is the responsibility of the applicant to note the date of this one year submission. If there is a vacancy, the City Clerk will notify the applicant(s) of the date, time, and location of the Biannual City Councilspecial council meeting for Board and Commission interviews/appointments. If there is a vacancy as a result of an incumbent, the application period for that position will be extended an additional 2 weeks for purposes of fully advertising and publicizing the position via all communication and social media channels. Eligibility Review All applications received by the filing date and cutoff time are will be processed and reviewed by the City Clerk Office for conflict of interests, qualifications, and confirmation of South San Francisco residency as well as reviewed for full completion of the entire application and adhering to instructions specified (word limit, page limit, and typed). For applications submitted after the deadline and time 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. not accept the application and let the applicant know that they have missed the deadline, however that their application will be kept for a period of (1) year for future openings/consideration. 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. 74 Commission, Board, and Committee Application Process Page 2 City Council Procedures APPENDIX 9 Appointment Procedures/Criteria Except for the Conference Center Authority, and the Bicycle and Pedestrian Advisory Committee, and the Youth Commission. Council may consider any Commission, Board, or Committee applicant who is a resident in the City of South San Francisco. For the Public Safety & Equity Commission members may need to reside in a specific geographic/council district region in order to be eligible for appointment. The Council will receive all qualified candidate application materials for review prior to interviews. The City Clerk and their office will ensure that all answers and documents are legible and able to be reviewed by councilmembers. The City Clerk (or Council sub- committee)A yearly mayor appointed council ad-hoc committee will develop questions for a structured interview process for each of the boards and commissions for that year. Interview appointments will be scheduled and held in person unless there is a declared emergency or circumstance. All councilmembers should attend this special meeting. The interview/special council meeting will be held at a public venue if council chambers are not available, and candidates will be notified by the City Clerk of the date and time of their interview. Any candidate who does not attend the interview will be immediately disqualified from the current application process. Their application will be held in file for a period of (1) year. No rescheduling of interviews will occur. 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. Councilmembers will rotate questions created by the council ad-hoc committee and a reasonable amount of time will be given so that each councilmember has the opportunity to ask the candidate questions. Those candidates who demonstrate a vested interest on the board/commission/committee applying will be appointed. Only those candidates who support the Council’s philosophy and who can regularly attend meetings will be appointed. Reappointment Process Three (3) months prior to a term expiring, the Commissioner, Board Member, or Committee Member will be asked by the city clerk or its office designee about their interest in reappointment. If not interested, a letter declining reappointment should be forwarded to the City Clerk 75 Commission, Board, and Committee Application Process Page 3 City Council Procedures APPENDIX 9 and shared with the city council stating the reason as to why they are not seeking reappointment. If the incumbent will not seek reappointment a period of additional (2) weeks of advertising the position will occur. If interested in reappointment, an application must be submitted to the City Clerk by the final filing date, even if the incumbent has held the seat for a number of terms. Not less than sixty (60) days prior to the term ending, the appointment will be advertised to notify other interested persons for an additional period of (2) weeks. 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, spoken against or criticized the council, 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 or who has been absent or not attended one- third of that bodies events during the current year. "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." 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 oath administered by the City Clerk or designee, and orientation by the Department liaison for which the Commission, Board, or Committee has responsibility, by the City Attorney to review legal 76 Commission, Board, and Committee Application Process Page 4 City Council Procedures APPENDIX 9 issues, and by the Mayor or designee to communicate council philosophy. 77 Agenda Item 1. 23-309 Continued Study Session regarding proposed amendments to the City Council Handbook. (Sky Woodruff, City Attorney and Rosa Govea Acosta, City Clerk) Legislation Text Final Council Handbook Edits for Review.pdf APPENDIX 1 - Selection of Mayor.pdf APPENDIX 2 - Guide to Conducting Meeting edits.pdf Appendix 3 - Reimbursement Forms FY 2023.pdf APPENDIX 7 - Department Liaisons to Boards and Commissions Edits.pdf APPENDIX 8 - Boards Commissions and Committees edits.pdf APPENDIX 9 - Commissions Boards and Committees Application Process edits.pdf 2 Public Comments • Samir Elmojahid at April 17, 2023 at 10:28pm PDT Support The proposal suggests painting a prominent crosswalk in Oyster Point with the LGBTQIA+ flag ahead of Pride Month and in light of recent efforts to increase diversity in healthcare, pharma, and biotech. The project encourages representation in pharma for improved clinical trial diversity, increased investments in minority disease, and is a tribute to all disenfranchised groups who the pharmaceutical industry has historically overlooked. I offer to lead fundraising efforts and have deep familiarity with executing projects within budget, resources, and timelines as an senior project manager within the industry. • Cynthia Marcopulos at April 14, 2023 at 2:13pm PDT Support My question is: If a member of the public speaks under the "public comment" portion of a council meeting, are they allowed then to also speak under an agenda item, and/or pull a consent item and speak on that? Thank you, 78