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HomeMy WebLinkAboutReso 130-2000 RESOLUTION NO. 130-2000 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE CITY COUNCIL HANDBOOK NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the City Council Handbook attached hereto as Exhibit A. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the 25th day of October ,2000 by the following vote: AYES: Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, Mayor Pro Tem Joseph A. Fernekes and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. F:\File Cabinet\RESO~handbook.doc ATTEST: 0rity Clerk Exhibit A to Resolution No. 130-2000 CITY OF SOUTH SAN FRANCISCO City Council HANDBOOK The City of South San Francisco is a municipal corporation. It 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. This handbook is designed to be periodically updated, in order to reflect either changes in the law or Council procedure or policy. This handbook is not intended to be a legal statement, and is not written in legal terms. Various statutory provisions are paraphrased; these are intentionally not presented in "legalese." October 2000 1 of 28 -, TABLE OF CONTENTS City Council .................................................................. 2 Mayor ................................................................. 2 Vice Mayor (Mayor Pro Tempore) .......................................... 2 Presiding Officer ........................................................ 2 Seating ................................................................ 3 Administration of Oaths ................................................... 3 Subpoenas ............................................................. 3 Councilmember Obligation as to Continued Matters ............................ 3 Absences from Council Meetings ........................................... 3 Council Committees ..................................................... 4 Compensation of Councilmembers .......................................... 4 Council Mail ........................................................... 5 Staff Assistance ......................................................... 5 Equipment and Supplies Provided to City Council .............................. 6 Requests to Add Items to the Agenda or for Ordinances or Legal Opinions ........... 6 City Seal ............................................................... 6 CONCURRENT ROLES ........................................................ 7 Redevelopment Agency ................................................... 7 Surplus Property Authority ................................................ 7 Industrial Development Authority ........................................... 7 Recreation and Park District ............................................... 7 CONFLICT OF INTEREST ..................................................... 7 BROWN ACT ................................................................ 8 Permitted Closed Sessions ................................................. 9 MEETINGS ................................................................. 11 Regular Meetings ....................................................... 11 Special Meetings ....................................................... 12 Emergency Meetings .................................................... 12 Adjourned Meetings ..................................................... 12 Closed Sessions ........................................................ 12 Study Sessions ......................................................... 13 Quorum .............................................................. 13 Cancellation ........................................................... 13 CONDUCT OF MEETINGS .................................................... 14 Call to Order and Roll Call ............................................... 14 Order of Business ....................................................... 14 Continued Items ........................................................ 14 Introduction of Items After 11:00 p.m ....................................... 14 Councilmember Participation ............................................. 14 Public Participation ..................................................... 15 Decorum .............................................................. 16 Smoking Prohibited ..................................................... 16 COUNCIL ACTIONS ......................................................... 17 Proclamations ......................................................... 17 Commendations ........................................................ 17 Ordinances ............................................................ 17 Resolutions ............................................................ 18 Motions .............................................................. 18 Minute Orders ......................................................... 18 Finality of Administrative Actions ......................................... 18 MINUTES .................................................................. 18 BASIC PROCEDURES - MAIN MOTIONS ....................................... 19 PARLIAMENTARY PROCEDURE MOTIONS .................................... 20 Processing of Motions ................................................... 20 Precedence of Motion ................................................... 20 Types of Motions/Purpose ................................................ 20 Division of Question .................................................... 22 Rescind, Repeal or Annul ................................................ 23 Suspend the Rules ...................................................... 23 Robert's Rules of Order .................................................. 23 Parliamentarian ........................................................ 23 VOTING ................................................................... 23 Disqualification ......................................................... 24 Tie Votes ............................................................. 24 Voting Requirements for Specific Actions .................................. 24 PUBLIC HEARINGS ......................................................... 24 BOARD AND COMMISSIONS ................................................. 26 Procedures for Making Appointments and Reappointments ...................... 27 COUNCIL POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ........... 27 COUNCIL POLICY ON COMMUNITY FUNDING ................................. 28 ii 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 Constitution and laws adopted by the State Legislature. South San Francisco has a five member City Council elected at large. Mayor The Mayor is elected from those on the Council at the first meeting following certification of election results and swearing in ofcouncilmembers in odd-numbered years, and at the final meeting in November in even-numbered years. This is the first order of business. Usually, the former Vice Mayor is elected Mayor. Appendix 1 provides an 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 the approved minutes for all City Council meetings. The Mayor must execute such documents as directed by vote of the Council. A sample guide to conducting council meetings is included as Appendix 2. Vice Mayor (Mayor Pro Tempore) The Vice Mayor is elected from those on the Council after the election of the Mayor during the same meeting. Often, the councilmember who received the highest number of votes in the most recent election in odd-numbered years is elected Vice Mayor. In the absence of the Mayor, the Vice Mayor possesses the powers and performs the duties of the Mayor. Presiding Officer The Mayor presides at all Council meetings. In the absence of the Mayor, the Vice Mayor is the presiding officer. If both the Mayor and Vice Mayor are absent, the remaining councilmembers select a presiding officer. The presiding officer should preserve strict order and decorum at all meetings. The presiding officer votes on all questions as do other members of the Council. 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 2 of 28 sustained?" A majority vote sustains the presiding officer's determination. Otherwise, the ruling is reversed. If in doubt on a point, the presiding officer may submit the question to the Council, in which case a majority vote prevails. Seating The Mayor always sits in the middle seat at all formal Council meetings. The Vice Mayor always is seated immediately next to the Mayor. Administration of Oaths The Mayor may require any person addressing the Council to be sworn as a witness and to testify under oath, and must so require if directed to do so by a majority of the Council. The Mayor may administer oaths. This rarely occurs. Appeals and revocation hearings are the most likely instances when testimony is taken under oath. 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 clerk may be issued in the name of the city. Disobedience of a subpoena or the refusal to testify on other than constitutional grounds may be deemed contempt. Councilmember Obligation as to Continued Matters Any matter may be continued to a subsequent meeting. When a councilmember is absent from an earlier meeting at which a matter is discussed and that matter is continued, it is the duty of that member to become acquainted with the issues discussed by reviewing relevant documents, reading any available minutes and, if possible, listening to the tape recording of the meeting. Absences from Council Meetings On occasion a councilmember cannot attend a council meeting. Whenever a councilmember knows in advance that he or she will be absent from a council meeting, it is the responsibility of that member to notify the City Manager or City Clerk as soon as possible of the impending absence. Califomia Government Code §36513 provides that ifcouncilmember is absent from all regular City Council meetings without permission for sixty days consecutively from the last regular meeting attended (or seventy days if the Council meets once a month), the seat held by that councilmember becomes vacant. The law is silent with regard to the basis for granting or denying permission to be absent. Such a determination is left to the Council as a whole. 3 of 28 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. Each councilmember shall be assigned by the Mayor to various standing committees. Participation and attendance at those committee meetings is important. Continued absences from meetings without good cause may result in removal from a committee at the discretion of the Mayor, taking into consideration advice from other committee members. From time to time ad hoc committees may be organized by the Mayor to address special concerns which may be of short duration. Additionally, each councilmember may be assigned by the Mayor as liaison to various boards, committees and commissions, and other public agencies or quasi-public agencies. It is the prerogative of the Mayor, taking into consideration relative length of council service, individual councilmember preference and equivalency, to assign individual councilmembers to various committees. Compensation of Councilmembers Each member of the City Council receives a monthly salary as provided for in the municipal code, in conformance with the provisions of state law. Salaries are payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. The established salaries are exclusive of any amount payable to each member of the Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the City. Requests for reimbursement are to be made in writing and should be supported by receipts, where possible, and a short statement identifying the basis for the claim. There are standard forms for requests for reimbursement. (See Appendix 3). Travel by auto to meetings, conferences, or seminars when by private vehicle, is reimbursed at a rate equal to the milage rate paid by the City to its employees. The City will pay for round-trip coach flights if necessary funds are approved by the Council and the purpose of the trip is official city business. Registration fees, lodging, meals and related costs incurred in connection with approved and pertinent meetings, conferences or seminars will be reimbursed in the same manner as for city employees. 4 of 28 Councilmembers are members of the Public Employee's Retirement System and also receive Social Security coverage during their term of office. They also are provided with various insurance benefits. (See Appendix 4 for a summary of benefits) Council Mail Except when mail is marked "confidential" or "personal" the City Manager is authorized to receive and open all mail addressed to councilmembers, and to give it immediate attention. Mail specifically marked "personal" or "confidential" will be transmitted to the councilmembers unopened. Administrative business referred to in mail opened by the Manager 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. Staff Assistance In order to effectively discharge the responsibilities of elected office, councilmembers are entitled to receive assistance from city employees.: 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. Councilmembers are not permitted to direct the activities of city staff. Routine, easily retrievable information is provided to a requesting councilmember by a staffmember as expeditiously as possible. Complaints dealing with administrative matters should be directed to the City Manager for appropriate follow-up. Councilmembers serving on intergovernmental bodies receive the assistance of staff assigned by the City Manager. The primary responsibility of assigned staff is to review issues before the intergovernmental body as they may affect the city and advise and assist the councilmember in presenting issues. Requests for assistance for speech and correspondence preparation should be made through the City Manager. Secretarial 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. 5 of 28 Equipment and Supplies Provided to City Council. The City provides councilmembers with a computer, cellular telephone, pager and a credit card. The City Council should use city-provided equipment consistent with the City Council policy for use of telecommunications equipment, a copy of which is attached hereto as Appendix 5. City issued credit cards shall only be used for city expenses. Councilmembers should submit receipts for their expenditures to the City Manager' s office and should make a notation as to the nature of the expense. The City will not reimburse councilmembers for the cost of attendance at any political event. Requests to Add Items to the Agenda or for Ordinances or Legal Opinions Requests by members of Council to have items included on the agenda should be made to the City Manager. Any member of the City Council may request the City Manager or the City Attomey to prepare a proposed ordinance. Any member of the City Council 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 the 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. 6 of 28 CONCURRENT ROLES Members of the City Council serve as members of other entities operating on behalf of South San Francisco. Redevelopment Agency Pursuant to the California Community Redevelopment Law (Health and Safety Code section 33000 et seq.), the members of the City Council serve as the members of the Redevelopment Agency. The law defines redevelopment as the "planning, development, replanning, redesign, clearance, reconstruction, or rehabilitation" of properties "as may be appropriate or necessary in the interest of the general welfare." The Redevelopment Agency was established in 1979. Surplus Property Authority The Surplus Property Authority was established in 1983 pursuant to the Municipal Federal Surplus Property Authority Law (Government Code Section 40500 et seq.). The sole purpose of the Authority is to acquire federal surplus property "in or contiguous to" the City. Industrial Development Authority The Industrial Development Authority exists to issue bonds to construct industrial and/or research and development facilities. The authority was created in 1984 under the California Industrial Development Financing Act (Government Code Section 91500 et seq.). Companies receiving benefits enter into agreements to pay back the bonds. 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 board of directors may organize, promote, conduct and advise programs of community recreation, establish, maintain and operate recreation centers, parks and parkways, and provide transportation services. CONFLICT OF INTEREST A city is required to adopt a Conflict of Interests Code, which is reviewed every two (2) years and amended when circumstances change. (Gov.'t Code Section 87300 - 87313). Members of the City Council 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 7 of 28 financial interest. (Political Reform Act, Government Code Section 87100 et seq.) Contracts entered into in violation of conflict of interest provisions are void, and financial penalties are imposed for the failure to disclose. Whenever the Council is about to commence consideration of a matter and a member has or has reason to believe he or she has a conflict of interest, the reason must be disclosed on the record, a statement of intent to abstain must be made, and the councilmember must leave the Council seating area and refrain from participation on the item. Once a year, and within thirty (30) days of assuming office, members of the Council must file disclosure statements indicating potential conflicts of interest for both the councilmember and the councilmember's spouse and dependent children. Councilmembers unsure about potential conflicts are encouraged to discuss such issues with the City Attorney in advance of the Council meeting for which the items is scheduled. While the City Attorn.ey 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, a summary of which is included in Appendix 6. 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 of the deliberative processes be open and available for public scrutiny. It defines meetings broadly as a gathering of a quorum where business is discussed or transacted. An informal gathering, such as a social event, is not a meeting unless official business is discussed. Among councilmembers, a series of telephone calls, a conference call, mass e-mailing or any other informal session in which substantive matters are discussed, may constitute a meeting under the Act. 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. No action may be taken on any item not appearing on the posted agenda. "Action taken" is defined as a vote, collective decision, commitment or promise by a majority of the body. According to the Attorney General, an item which is merely 8 of 28 discussed, with no decision as to how the matter should be resolved, would not constitute taking action. Similarly, brief discussion 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 present at the meeting 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 days prior, provided the prior meeting was adjourned to the new date. Under the Brown Act, the Mayor or three members of the City Council may call a special meeting by providing twenty-four (24) hour advance notice to all of the councilmembers and to all media representatives who requested notice in writing. The notice may be delivered personally or by any other means. The notice must state the time, place, business to be transacted and 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. Emergency meetings may not be held in closed session. 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 Act. (See Gov't Code Sections 54954.5; 54956 et. seq.; 54957 et. seq.) Closed sessions may not occur in an "emergency meeting." Permitted Closed Sessions A summary listing of permitted closed sessions items under the Brown Act include: License and Permit Matters Real Estate Negotiations Conference with legal counsel on existing and anticipated litigation 9 of 28 Liability Claims Threats to public services or facilities (public security) Personnel (public employee appointment) 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 the 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 effect 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 they are concluded, the City can 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, the employee must be informed twenty-four (24) hours before the meeting of the charges against the employee, 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. 10 of 28 For agreements concluding labor negotiations, the report is required after the agreement is finalized and ratified. It must include the item approved, the voting tally, and the other party. Violations 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 tape recording 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 collection of taxes, the sale of bonds or the issuance of contracts, those actions would still be valid. Ifa 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 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. Regular Meetings Regular meetings are held on the second and fourth Wednesdays of each month at 7:30 p.m. in the Community Room of the Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. In the event it becomes necessary to change the place of the meeting, public notice must be given by posting the change at the entrance to the regular meeting place. Whenever any regular meeting falls on a public holiday, the regular meeting is held on the following business day. The Redevelopment Agency meets the same night, in the same location, starting at 7:00 p.m. 11 of 28 Special Meetings A special meeting may be called at anytime by the presiding officer or by a majority of the members of Council, by delivering personally, by facsimile, or by mail, written notice twenty- four (24) hours in advance to each member of the Council 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 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 days. 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 adjourmnent. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it is held at the usual hour specified for regular meetings. No adjournment may be for a longer period than the next regularly scheduled meeting. Closed Sessions Closed sessions, sometimes called executive sessions, are duly held meetings or portions of meetings, which are not open to the public and news media. Closed sessions must be held in accordance with the provisions of the Brown Act. Matters discussed in closed session are considered confidential. The Council may vote to sanction any councilmember, the City Manager or City Attorney who, without authorization, discloses the substance of any discussion which took place during a closed session. 12 of 28 Additionally, attendance at a closed session should be limited to those actually necessary to advise or take direction from the Council. This may include the City Attorney, senior management staff, experts, negotiators or consultants. Third parties not serving as agents of the City cannot attend, with the exception of witnesses in the event of a closed session to hear charges or complaints under Government Code section 54957. Study Sessions Study sessions or work sessions, if needed, are usually held at City Hall in the main conference room on either the first or third Wednesday of each month and generally begin at 6:00 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 are not intended to constitute regular business meetings. Usually at such sessions, no motions are to be offered and no formal action is to be taken. The primary purpose of such sessions is to provide background information to members of the Council. Public comments at study sessions are limited to the subject of the study session and will be received during the public comments section of the study session. OuorulTI A majority of the Council in office constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and may compel by a notice the attendance of absent members refusing or neglecting to attend meetings under Government Code section 36813. Disobedience of the notice may be punished at the discretion of the Council by a fine. The notice may be by any means giving actual notice to appear, and may be given by the City Clerk or any person authorized by the Council. When there is no quorum, the Mayor or Vice Mayor, or any councilmember may adjourn a meeting, or if no councilmember is present, the City Clerk may adjourn a meeting. Cancellation Any meeting of the Council may be canceled 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. 13 of 28 CONDUCT OF MEETINGS Meetings are generally conducted following the process described below. 1. Call to Order and Roll Call The presiding officer takes the chair at the hour appointed for the meeting and calls the Council to order. Before proceeding with the business of the Council, at the request of the presiding officer, the City Clerk calls the roll. In the absence of the Mayor and the Vice Mayor, the City Clerk calls the Council to order, whereupon a temporary presiding officer is elected by a majority of the councilmembers present. Upon the arrival of the Mayor or Vice Mayor, the temporary presiding officer relinquishes the chair at the conclusion of the business then before the Council. 2. Order of Business Unless the reading of minutes is requested by a councilmember, minutes may be approved without reading as part of the consent calendar if each councilmember has previously received a copy. Thereafter, the order of business is as presented on the Council agenda, prepared at the direction of the City Manager. With the approval of a majority of the Council, an item may be taken out of order. A sample guide to conducting council meetings is included as Appendix 2. 3. Continued Items Any item or hearing may be continued to any subsequent meeting in accord with the procedures set forth for the adjournment of meetings. If a hearing is continued to a time less than twenty-four (24) hours after the time specified in the original hearing notice, a copy of the notice of continuance of the hearing must be posted immediately following the meeting at which the determination to continue the matter was made. 4. Introduction of Items After 11:00 p.m. No items should be introduced 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. o 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, 14 of 28 o 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" or at a public hearing generally are limited to three (3) minutes. 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 individuals may wish to address the Council under "Public Comments" for the purpose of obtaining general information or receiving responses to specific questions. In general, the Mayor shall ascertain whether the Council or staff is able to provide the requested information immediately. If this is not possible because the information is not readily available, the matter may be referred to staff for a written response. Unless the matter raises issues of an extraordinary nature, it is expected that a response will be presented to the Council by its next regular meeting. If it is not possible to do so by this date, the Council will be advised as to when a response will be forthcoming. Each person addressing the Council is asked to step up to the podium and identify himself/herself for the records. All remarks should be addressed to the Council as a body and not to any individual member. No person, other than the councilmembers and the person having the floor, should be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question is to be asked a councilmember or staff member except through the presiding officer. After a motion is made by the Council, no person shall address the Council without first securing the permission of a majority of the councilmembers present to do so. 15 of 28 '~ ' 7. 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. Any person making offensive, insulting, threatening, insolent, slanderous, or obscene remarks or who becomes boisterous or who makes threats against any person or against public order and security during a Council meeting shall be immediately barred from further audience at the meeting by the presiding officer, unless permission to continue is granted by a majority vote of the Council. Unauthorized remarks, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who may direct that such offenders be removed from the room. Aggravated cases may be prosecuted. Cellular telephones and pagers or any other telecommunications device should be in the silent mode or turned off during the City Council meeting. Literature distribution or petition circulation is not permitted when Council is in session. Such activity may occur outside the meeting room, provided access is not blocked. The Chief of Police or the representative of the Chief of Police is the ex officio sergeant-at-arms of the Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to eject any person, place the person under arrest or both. As set forth in Government Code Section 54957.9, in the event any meeting is willfully interrupted by an individual or a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Smoking Prohibited It is unlawful for any person to smoke in any room in which a Council meeting open to the public is being held. 16 of 28 COUNCIL ACTIONS Several different types of action may be taken by the Mayor and/or City Council. 1. Proclamations Proclamations are issued by the Mayor without formal action by the Council. Proclamations are public announcements directing attention to a person, organization or event, such as Citizen of the Year, Gift Scout Week, or International Year of the Child. Proclamations may be requested by any member of the Council. 2. Commendations Commendations are acknowledgments of the activities of a person or organization, issued by the Mayor or by all councilmembers without formal action being taken. Commendations typically acknowledge exceptional endeavors or are given to retiring employees and departing board and commission members and are presented at an appropriate function or Council meeting. 3. 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. 17 of 28 4. 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 documents to facilitate reference and research. 5. 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. 6. Minute Orders A minute order is a brief notice documenting an action taken by the Council and distributed subsequent to the meeting at which the action is taken. It is used only occasionally, generally when the Council wishes to provide notice other than in the minutes that it adopted a particular motion. 7. Finality of Administrative Actions For the purpose of judicial review, all administrative actions by the City Council become final on the date taken except where (1) state or local law provides that the action becomes final on a later date; or (2) a request for reconsideration is made in a timely fashion. MINUTES The preparation of accurate intelligible minutes is the responsibility of the City Clerk. In general, action minutes are used to record proceedings. Action minutes contain very little narrative. The record focuses on who spoke and the motions and votes. Tape recordings are used in order to serve a number of administrative, legal and historical functions and to provide verbatim record of meetings. Failure to record does not affect the validity of any proceedings or action taken by the Council. 18 of 28 The 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. 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 Council by the motion of a member. A motion may itself bring its subject to Council's attention or it may follow the presentation of a report or other communication. A motion is a formal proposal that the 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 another member seconds the motion, but 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. In situations where there appears to be no opposition or the matter involves routine business, the general consent or unanimous consent procedure can be used either to adopt a motion without the steps of stating the question and putting the motion to a vote, or to take action without even the formality of a motion. To obtain general or unanimous consent, the chair states "If there is no objection..." such and such an action will be taken. 19 of 28 PARLIAMENTARY PROCEDURE MOTIONS Processing of Motions After a main motion is made and seconded, it must be stated by the presiding officer before it can be debated. Until the presiding officer states the motion, the maker has the right to modify or withdraw it. Once stated, a main motion may not be withdrawn by the mover without the consent of the person seconding it. Precedence of Motion 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. ao g. h. i. j. k. 1. m. Fix the time to which to adjourn Adjourn Recess Raise a question of privilege Call for the orders of the day (raise a point of order) Lay on the table Previous question (close debate) Limit or extend limits of debate Postpone to a certain time (postpone definitely) Postpone indefinitely Refer or Commit Amend 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 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. 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 anytime, except as follows: 20 of 28 When repeated without intervening business or discussion; When made as an interruption of a member while speaking; When the previous question has been ordered; While a vote is being taken. Co Motion to recess. A motion to recess requires a second, is amendable, but is not debatable. Its purpose is to interrupt the meeting, and it is usually done by Mayor's declaration. 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 hearing or cooling system, etc. In a situation in which a councilmember's integrity, character, or motives are questioned, or to where the welfare of the Council is concemed, 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. 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. 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. Motion to move the previous question. The purpose of this motion is to close debate and a two-thirds vote is required for passage. A motion to move the previous question must be made and seconded without interrupting one who already has the floor. It is not debatable and is not amenable. 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. 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. 21 of 28 ko 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. Motion to postpone indefinitely. A motion to postpone indefinitely requires a second, is not amendable and is not debatable. If the motion is adopted, the principal question shall be declared lost. The purpose of 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. 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. Motion to amend. A motion to amend requires a second, is amendable, and 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 and the motion to postpone precedence over the main motion and the motion indefinitely. Amendments to amendments are voted first, then the amendment, then the main motion is amended. 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 Ouestion. 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. 22 of 28 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. 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 accordance with Robert's Rules of Order. No provision in Robert's Rules is to be construed to supersede any procedure adopted by the City Council or required by state law. It is recognized that Robert's Rules applies to deliberative assemblies, but that the City Council also functions as a quasi-judicial body. Due process considerations impose certain procedural requirements and are sometimes different that 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 can 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 consultive; the Chair has the power to rule on questions of order. VOTING Votes are taken by voice or roll call and entered in full upon the record. Votes are by voice vote, unless a request for a roll call is made by any member or the motion requires more than a majority. During the roll call, it is not in order for any member to explain a vote. Silence constitutes an affirmative vote. Councilmembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual councilmembers have stated in advance that they will abstain. It is the responsibility of every councilmember to vote unless disqualified. When someone chooses not to vote the person in effect "consents" that a majority of the councilmembers present may act for him/her. 23 of 28 A councilmember may change a vote or withdraw an abstention and vote if a timely request to do so is made immediately following the announcement of the vote and before the next item in the order of business is taken up. Disqualification. A councilmember disqualified because of any financial interest or other interest proscribed by law may not participate in the discussion or the vote. Tie Votes. Tie votes are lost motions. Tie votes may be reconsidered on motion by any member of the Council voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. Any such continuance suspends the mnning 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 fewer 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. Voting requirements for specific actions. Certain actions require a minimum number of affirmative votes for approval. These include: a. Approval of a general plan or specific plan amendment - 3 affirmative votes Approval of a Resolution of Necessity - 4 affirmative votes Approval of an ordinance or expenditure of funds o 3 affirmative votes Approval of an urgency ordinance - 4 affirmative votes Approval of a general tax - 4 affirmative votes plus majority voter approval PUBLIC HEARINGS By their nature, all hearings (except personnel matters) are public. The Council has the prerogative of conducting a public hearing on any item on its agenda, whether or not the matter has had formal notice as a public hearing. Certain matters are formally noticed in advance as public hearings, pursuant to various provisions of state law. Unless otherwise specifically required by federal, state or local law, all public hearing dates and times are set administratively. Public hearings tend to be 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. 24 of 28 Formally noticed public hearings generally are conducted in the following format: ao Staff review Questions of staff by Council Comments from public Questions by Council Discussion by Council Action by Council The presiding officer conducts the hearing in such a manner as to provide for freedom of speech and expression of opinion, subject to the limits of courtesy and respect of others. Comments and questions from the public are limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may limit a speaker's time. Any person speaking may be questioned by members of the City Council. In those instances where there is a specific applicant for a matter which is the subject of a public hearing, the applicant is entitled to make a presentation at the commencement of the public hearing, and also is entitled to make any concluding remarks just prior to closure of the public hearing. Councilmembers should not speak on an issue until the public heating has been closed. Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a councilmember, as addressed through the chair. When the Council conducts a quasi-judicial hearing, particularly when it is hearing an appeal of a decision by a board or commission, on a case-by-case basis the City Attorney determines if alternate hearing procedures are necessary and advises the City Council accordingly. All persons interested in the matter which is the subject of a hearing are entitled to submit written or photographic evidence relevant to the issue for consideration by the Council, in addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council feels that material is relevant but that due to its quantity or complexity there is insufficient time to fully review it, the hearing may be recessed or continued. All evidence considered by the Council in reaching its decision must be retained by the City as part of the record, as a supplement to be not as 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 fumish sufficient copies for the City Council, City Clerk, City Manager and City Attorney. Failure to do so may cause the Council to reject consideration of such information, or cause the item to be continued. 25 of 28 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. BOARD AND COMMISSIONS Boards and commissions (except the Housing Authority) are established by ordinance and set forth in the Municipal Code. The purpose of boards and commissions (except the Housing Authority and Design Review Board) is to provide advice to the City Council to aid in its decision making and to handle matters within its area of expertise. Boards and commissions should submit their recommendations to the Council in writing. Once Council has reached a decision after due consideration of a matter, it is inappropriate for a board or commission to criticize or attempt to change a Council decision. A list of staff members who serve as primary staff contact to each commission is included as Appendix 7. No member of any board or commission may be a member of any other board or commission or hold any paid position with the City, unless otherwise approved by the Council. In order to be eligible for an appointment to any board or commission, a person must be a resident of the City, unless otherwise provided by law. The members of each board or commission (except the Design Review Board) are appointed by the Mayor or by the Council in accordance with the governing law. The number of members, length of terms, time of appointment and method of appointment differ. The accompanying chart, set forth in Appendix 8 sets forth the composition of each commission. 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 two consecutive full terms on any one board or commission. Cultural Arts Commissioners serve for an indefinite period of time. All board and commission members except Cultural Arts Commissioners and Council representatives to the Conference Center Authority are compensated at a rate of $50.00 per regular meeting. Once a year a study session is held with the City Council and each board or commission to discuss issues of mutual concern. The scheduling of such study sessions is the responsibility of the Mayor. From time to time the Council may establish non-compensated citizen committees or task forces of limited duration to focus on specific topics. 26 of 28 Procedures for Making Appointments and Reappointments Any person desiring to be considered for an appointment to any city board or commission must complete an application indicating on which board or commission he or she desires to serve. Applications may be made on an on-going basis. Applications are considered current for one year from the date received. The process for selection of commissioners is set forth in Appendix 9. Any appointees must comply with appropriate provisions of law regarding disclosure of financial interests, if applicable. It is the policy of the City Council not to appoint any person to a board or commission who would have continually recurring conflicts of interest requiring abstentions, or an excessively high percentage of such situations. Appointments are for a single term. At the conclusion of this term, after consideration of the member's record (including attendance), an individual may be reappointed for a second term. Vacancies in any board or commission are filled by appointment in the same manner as original appointment. When a vacancy occurs leaving an unexpired portion of the term, any appointment is for the unexpired portion of the term. The Council may remove a commissioner and declare the position vacant if the commissioner misses three consecutive regular meetings or more than one-third of the regular meetings within any twelve month period, or is removed by majority vote of the council. Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted within twenty (20) days 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. Pursuant to Government Code Section 54927 the City Clerk maintains a list of all board and commission members. COUNCIL POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS Individual City councilmembers are not authorized to speak on behalf of the City or the Council with regard to city or council policy or positions, except when such policy or position has been clearly established or when the councilmember has been designated as a spokesperson on a given subject. Periodically the City Council is requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of South San Francisco or its residents as a whole. If the subject matter does not relate directly to city business or to local 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. 27 of 28 COUNCIL POLICY ON COMMUNITY FUNDING In making grants available to community organizations, the City Council adheres to the following policy: Grant awards are made only for purposes which are legal. Grant funds are to primarily benefit South San Francisco residents/taxpayers. One-time grants for capital items, or seed money, for new or expanded services are preferred to continuing grants for operations. Recipients are asked to provide financial and performance accountability. Requests for funds must be received in a timely fashion. Applications received beyond established deadline dates will not be considered. Preference will be given to requests which are of a matching nature. Other sources of available funds should have been diligently sought or are generally unavailable in the amounts needed. F:\WPD\Mnrsw\405\00 l\councilhndbk.wpd 28 of 28 DRAFT Special Meeting Installation and Reorganization Purpose of the meeting: 1. Call to order 2. Roll Call 3. Oral Communications Mayor declares the purpose of the meeting a. Post colors b. Pledge of Allegiance c. Invocation 5. Introduction of Elected Officials o Clerk enters statement of election results, proof of filing of campaign statements in the minutes and adoption of resolution canvassing returns and declaring results of the General Municipal Election of South San Francisco on a. A RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SOUTH SAN FRANCISCO ON b. Oaths of Office and presentation of Certificates of Election for Councilperson-elect (if any). c. Remarks by incoming council members. Reorganization of the City Council a. Nominations for Mayor; close of nominations b. Remarks from Outgoing Mayor, passing of the gavel to Incdming Mayor and a presentation to Outgoing Mayor. c. Nominations for Mayor Pro Tern; close of nominations d. Oaths of Office for Mayor and Mayor Pro Tern e. Incoming Mayor's Remarks 8. Adjournment APPENDIX 1 GUIDE TO CONDUCTING COUNCIL MEETING Call to Order: The meeting of the South San Francisco City Council for Wednesday, , will please come to order. (Mayor may also advise the audience of any special circumstances or announcements.) Roll Call: Madam Clerk, may we have 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 Proclamations/Presentations Agenda Review: Mr. City Manager are there any changes to the order of the Agenda? Public Comment: Begin to singly announce the names on the speaker cards and ask them to give his/her name and address for the record. If there are no speaker cards, ask if any one would like to address the Council on a matter not on the Agenda. Items from Council: Community Forum/Subcommittee Reports Consent Calendar: Madam Clerk would you please read the Consent Calendar. · If any items are pulled, announce (Item Nos. ~) will be taken off the Consent Calendar for discussion. · Ask for a motion and a second (if any items have been pulled, then cite the numbers on the Consent Calendar that you are seeking approval). 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 concern(s). · Ask for a motion and second for approval for each item. Public Hearing: · 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 speakAfter applicant speaks, ask if there are any more speaker cards for this item and commence reading the speakers cards. (continued Public Hearing) · When everyone has spoken, declare the public hearing closed. · Council discussion - when discussion is complete, ask "Do I have a motion?"; a second? All in favor/oppose. On sensitive items and or motions requiring 4/5 or 2/3 vote, a roll call vote is advisable. · 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 Closed Session · 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 meeting adjourned. Expense Reimbursement Form APPENDIX 3 '1~-02-2000 2:~M ~ROM HUHAN ~ESOU~CES DEPT ~ 829 ~98 ~.2 CITY OF SOUTH SAN FRANCISCO STATEMBn OF EXN)IS NAM[ ~RIO0' Record of Other E~pe~,es Claimed 0,4. be'-- r e- 't · NlM (. Nr Oiem Alglx"ovel lecomm~ded'- Am~) of' C,J,;m $ I)~1: AUOIT APPlIOVAL COIT DISTRIBUTION ~cct. No. I ; Check Ne Summary of Benefits APPENDIX 4 City of South San Francisco Human Resources Department Benefit... Credit Union Direc! Deposit Medical Insurance Vision Tnsurance Dental Insurance Discretionary Benefit Option Life Insurance and AD/D E~ecutive 34anagement Physical Fitness Progrgm Cqrnpensatio.n .... Deferred Compensation (457 Plan,[) ._ Ptt6lic Employees' Retirement S),stern Retiree Health Benq/its Summary of Elected Officials (City Council) Benefits Effective Date: 7/1/00 J "' Provision Other Benefits I Credit Uhi0n available. Di~_e.e~t aeposi~s of payroll check can b~ made. - ..... Health Benefits Fuliy' paid by City for coun¢ihnember and eligible dependents, option to select Kaiser or Aetna Health. City pays 100% of costs for full-time employees. Depgndents quality through age 24. VSP vision plan that is fully paid by City for councilmember and eligible depeudents with a $10 deductible per visit. Dependents qualify throu~h age 24. Dental plan fully paid by Ci~ for councilmember and eligible dependents with $1500 per user per year benefit and $1000 lifetime cap for orthodontia, Dependents qualif)' through age 23. Benefits ~tart at 70% and increase per year until 100% benefit cov. e[age. City will pay 100% of the average of medical, dontal, and vision costs into deferred compensation account if employee demonstrates health coverage elsewhere, City paid life insurance and AD/D insurance ~;alued at $5000 per year provided to ¢oun~ilraemb~rs b~ Standard Insurance~ Coun¢ilmembers ar~ allowed up to $850 per fiscal year to use for physical fitness or health care costs, Other Pay and Compensation Information ..... $500.00 per month Three defen~d compensation plans are available with no City, contribution. C.ontrlbutions are de. terrain, ed by IRS regulations. Retirement ' Only those officials, elected/appointed prior {~ 1995 are eligible for PERS retirement of 2% at 55 benefit with the official contributing employee's share. The City currently contributes 3% towards the retirement system. Only those officials, elected/appointed prior to 1995 are eligible for retiree health benefits. City pays medical Coverage for. elected official for life with 5 years of service and a PERS retirement. Dependent may purchase medical insurance from City. Spouse given 2 months free medical coverage by CiD, upon retiree's death. Dental and Vision insurance ma)' be purchased fxom City, "Social Sect~riO' Councilmembers' appointed/elected after 1986 pa~llcipate in S~'cial Date of appointm~'nt Security. Medicare Couneilmembers' appointed/ele~te~ aRer !986 participate in Date of appointment Medicare. ~hen Eligible Date of appointment Date of appointment First of the momh following date of appointment First of the month following date of · appointment First of the month following 6-frill months aRer appointment Date of appointment Date of appointment Date of appointme~ Date of appointment Date of appointment Must have 5 years in PERS system and be 50 to be eligible to retire from PERS A~er 5 years Of service and at least age 50 Note: This is a summary, of benefits for Elected Officials (City Cmm¢il) and is not intended to provide all infm~'aation. Specific facts about the benefits are based on the terms and condition.~ of the City's contracts with the providers: and any limits, as stipulated by law. Summary plan documents may be obtained from Human Resourecs. I 0/03/00 CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT 1. Legal Background: Government Code section 37350 authorizes the City to authorize the acquisition of personal (i.e. computers, chairs, cars, telephones, etc.) property. That section also authorizes the City to establish controls for the use of such property. One limitation on the use or disposition of public property is the gift of public funds prohibition in Article 16, Section 6 of the California Constitution. That section prohibits the Legislature from authorizing cities to make gifts of public money or things of value to any individual. The courts have, however, upheld expenditures which have an incidental private benefit, where the primary purpose of the expenditure is for a public purpose. The ability of councilmembers to receive information or communicate with city staff and constituents through telephone contact or e-mail or to research city-related business on the Internet does serve a public purpose. Thus, providing telephones and computers with e-mail and Intemet capabilities for use for city business does not violate the girl of public funds prohibition. A secondary issue is whether this equipment may be used for personal, non-city related business. There is no case law which would expressly prohibit such use provided that the use is incidental to the primary use of the computer for city business. Usage Policy for Telecommunications Equipment: A. City-owned telecommunications equipment including cellular telephones, computers and fax machines (collectively "telecommunications equipment") shall be used primarily for public purposes. Such public purposes include, but are not limited to, usage related to City business, communication with City employees, communications with constituents, and communications with other persons related to City business. The communications equipment may be used for incidental private purposes. "Incidental private purposes" means that usage of the telecommunications equipment for non-public purposes constitutes 33% or less of the total usage of the telecommunications equipment and does not involve the City incurring any additional expense. B. Each councilmember shall receive on a quarterly basis an invoice of all calls associated with his or her cellular telephone for the three month period ending on the last day of the preceding month. Within thirty days of receipt of the invoice, each councilmember shall reimburse the City for all private telephone calls shown on the invoice. C. No data related to usage for incidental private purposes shall be stored on the City-owned computer's hard drive. If a councilmember desires to download data or files for incidental private purposes, the data or files shall only be downloaded to a diskette or other storage media purchased by the councilmember. A councilmember may load commercially- available, properly licensed, software into their computer. APPENDIX 5 CITY COUNCIL POLICY- USE OF TELECOMMUNICATIONS EQUIPMENT May 13, 1998 Page 2 D. With respect to software and data files that the user did not create on the computer, the user shall not load either onto the computer unless they have been provided by the City or they have been checked for viruses. This limitation is intended: (1) to limit the potential exposure of the city system to viruses; and (2) with regard to new software, to allow the City to possess proper evidence of authorized ownership of all software on City-owned computers. E. The telecommunications equipment shall not be used for any campaign activities or any partisan election purposes. The telecommunications equipment may be used for objective, non-partisan informational purposes. F. All usage of the telecommunications equipment shall comply with the restrictions of the Brown Act. /stm F:\WPD\Mnrsw\405\001 \APPENDIX 5.wpd CITY OF SOUTH SAN FRANCISCO INTEROFFICE MEMORANDUM DATE: July 11, 2000 TO: Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: Donations to the City of South San Francisco Mayor Matsumoto has requested that I provide advice with regards to whether any potential conflict of interest may exist for individual Councilmembers when donations are made to the City to be used to underwrite the cost of a City sponsored event or City facility. The conflict of interest laws general apply when a gift in the form of a donation is made to a particular councilmember. However, where such a donation is made to the public agency rather than to the public official, it does not qualify as a gift under the conflict of interest laws pursuant to California Code of Regulation Section 18944.2. Thus, under the limit of circumstances of a gift to the public agency and provided that such gift is made consistent with the provisions of Section 18944.2, the gift does not create a conflict of interest should the donor of the gift be an individual or business that may at some point in the future have a item before the City Council for consideration. Specifically Regulation 18944.2 provides that a payment shall be deemed a gift to the public agency and not a gift to the public official if all of the following requirements are met: (1) (2) (3) (4) The agency receives and controls the payment. The payment is used for official agency business. The agency, in its sole discretion, determines the specific official or officials who shall use the payment. The agency memorializes the payment in a written public record which embodies the requirements of subdivisions 1 through 3 above and which: (a) Identifies the donor and the official or class of officials receiving or using the payment; (b) Describes the official agency use and the nature and amount of the payment; and, (c) The report is filed with the City Clerk's office. Please call me if you have any questions. STM:pcp cc: Michael A. Wilson, City Manager F:\WPD\M nrsw\405\001 \M EMO\2000\July\ccmemodonations711 .doc APPENDIX 6 Staff Liaisons to Boards and Commissions Historic Preservation Commission Library Board Parks and Recreation Commission Parking Place Commission Personnel Board Planning Commission Housing Authority Design Review Board Cultural Arts Commission Conference Center Authority Director of Economic and Community Development Library Director Director of Parks, Recreation and Maintenance Services Director of Economic and Community Development Director of Human Resources Chief Planner Executive Director Chief Planner Director of Parks, Recreation,and Maintenance Services Executive Director APPENDIX 7 BOARDS AND COMMISSIONS Historic Preservation Library Board Number of Members 5 rerlTl Length 4 years 3 years Time of Appointment Calendar Year Fiscal Year Method of Appointment City Council City Council Parks and Recreation Parking Place Personnel Board Planning Housing Authority Cultural Arts Design Review Board Conference Center Authority Up to 15 2 Architects 2 Landscape Architects, Horticulturi Sts, or Designers 1 Building or Engineering Contractor 9 members 4 years 3 years 4 years 4 years Non-Tenant 4 years Tenant members- 2 years Indefinite 4 years 2 or 3 years Calendar Year Calendar Year Calendar Year Calendar Year April - March Calendar Year Calendar Year Calendar Year City Council City Council City Council City Council City Council City Council Planning Commission City Council APPENDIX 8 City of South San Frmcisco Commissions, Boards, and Committees Application Process Council Procedures Application Procedures Anyone interested in serving on a City Commission, Board or Committee must complete and submit a City Commissions, Boards, and Committee application. Forms are available in the City's Human Resources Department. If there is no Vacancy, the Human Resources Department will hold the application on file for one year from receipt. If there is a vacancy, the Human Resources Department will work with the Mayor to determine filing period, compose an announcement brochure, and agree upon other relevant dates, interview process, and interview questions. The City Clerk will place ads in the local Eligibility Review All applications received by the filing date are forwarded to the Human Resources Department for a conflict of interest, qualifications, and other relevant data review. Once the final filing date has passcd, the City Clerk will be apprised of candidates, who will determine and notify thc Human Resources Department of each candidate's voter status. Other than those City employees who are currently serving on a Commission, Board, or Committee, City employees arc considered to have a cOnflict of interest and will not be appointed (but may be re- appointed). However, any retired or former City employee is eligible and prior employment with the City is not considered a conflict of interest. Appointment Procedures/Criteria Except for the Conference Center Authority, Council may consider any Commission, Board, or Committee applicant who is a registered voter in the City of South San Francisco. The Mayor will receive all qualified candidate's application materials for review prior to interviews and along with the Director of Human Resources (or Council sub-committee) will develop questions for a structured interview process. Interview appointments will be scheduled and candidates will be notified by Human Resources. During the interview, applicants will be assessed for background that would make the candidate a good appointee, any continually recurring conflicts of interest, and reasons for wanting to serve the City. Only those candidates who support the Council's philosophy and who can regularly attend meetings will be appointed.