HomeMy WebLinkAboutReso 129-2011 RESOLUTION NO. 129 -2011
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION MODIFYING PORTIONS OF THE CITY
COUNCIL HANDBOOK PERTAINING TO BOARDS AND
COMMISSIONS TO ADD A SECTION RELATED TO EMERITUS
STATUS AND ALIGN THE REMAINDER OF THE SECTION
WITH RECENT LEGISLATIVE ACTION BY COUNCIL.
WHEREAS, the City Council directed the City Clerk to add language to the Boards and
Commissions Section and relevant Appendices (the "Section ") of the City Council Handbook
establishing procedures for granting, limitations on and the functions of an Emeritus Board or
Commission Member; and
WHEREAS, pursuant to review of the Section, Council and the City Clerk discovered
portions were in need of modification to reflect changes effected by: (1) Ordinance No. 1395 -2008
(amending Title 2 of the South San Francisco Municipal Code regarding terms and term limits for
Members of the City's Boards and Commissions); (2) Resolution 27 -2009 (establishing Biannual
Board and Commission Interviews in December /January and May /June of each year and establishing
procedures for Recruitment Notices); (3) Ordinance No. 1440 -2011 (Repealing Chapter 2.58 and
amending Chapter 2.56 of the South San Francisco Municipal Code to transfer the role and
responsibilities of the Historic Preservation Commission to the Planning Commission; and (4)
direction Council has given pertinent to the Board and Commission Absence Policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby establishes that the attached modifications to the City Council Handbook set forth
in pages 21 -24 of the City Council Handbook and the corresponding appendices 7, 8 and 9 are
hereby adopted.
* * * * *
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 9 day of
November, 2011 by the following vote:
AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: " vG�l� /
C Cler
CITY OF SOUTH SAN FRANCISCO
CITY COUNCIL
HANDBOOK
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 other 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 term
j■lov_ember,2011_ `-{aeraw:Auousr
a char 2010
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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 hearing has been closed. Once a
hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a
Councilmember,as addressed through the chair.
When the Council conducts a quasi-judicial hearing,particularly when it is hearing an appeal of
a decision by a Board or Commission, on a case-by-case basis the City Attorney determines if
alternate hearing procedures are necessary and advises the City Council accordingly.
All persons interested in the matter which is the subject of a hearing are entitled to submit
written or photographic evidence relevant to the issue for consideration by the Council, in
addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council
feels that material is relevant but that due to its quantity or complexity there is insufficient time
to fully review it, the hearing may be recessed or continued. All evidence considered by the
Council in reaching its decision must be retained by the City as part of the record, as a
supplement to but not as a part of,the minutes. The Council retains discretion to accept or to
reject new documentation furnished on the night of the Council meeting.
Advocates of a matter before the City Council who furnish documentation on the night of the
Council meeting are expected to furnish sufficient copies for the City Council,City Cleric, and
City Manager. Failure to do so may cause the Council to reject consideration of such
information,or cause the item to be continued.
If a Councilmember has met with a proponent or opponent of a matter which is the subject of a
hearing,that meeting should be acknowledged on the record prior to the opening of the hearing
at the Council meeting.
BOARDS AND COMMISSIONS
Boards and 5pmmissions(except the Housing Authority) are established by ordinance and set -_-{nektathc
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
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should submit their recommendations to the Council in writing. Once Council has reached a
decision after due consideration of a matter, it is inappropriate for a Board or Commission to
criticize or attempt to change a decision made by Council. A list of staff members who serve as
primary staff contact to each Board and 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 Council in accordance with 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. Teams 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 ---{/mead:e
the authorized number of terms on any one Board or Commission as set forth in the municipal
code. Bicycle and Pedestrian Advisory Committee members serve for an indefinite period of
time.
All Board and Commission members except Bicycle and Pedestrian Advisory Committee
I members. Emeritus Members, Ex Officio Members and Council representatives to the
Conference Center Authority are compensated at a rate of$50.00 per regular meeting.
From time to time the Council may establish non-compensated citizen committees or task forces
of limited duration to focus on specific topics
Procedure for Making Appointments and Reappointments
Any person desiring to be considered for an appointment to any City Board or Commission 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 -.--(Deleted:c
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.
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Vacancies in any board or commission are filled by_appointment in the same manner as original --{n.eeeed:i
appointment. When a vacancy occurs leaving an unexpired portion of the term,any appointment
is for the unexpired portion of the term. The interest of the City is best served by actual and
regular participation by Board and Commission members. Thus,upon the second absence from
a regular meeting within a twelve-month period, a member shall receive a written
communication from the Mayor advising of the potential consequences of a third absence within
the rolling twelve-month period. Any member of an appointed Board or Commission missing a
third scheduled meeting within any rolling twelve-month period max have his or her name -_-{D•kt..Nshen
automatically placed on the next regularly scheduled City Council agenda for consideration of
possible removal from the Board or Commission.
Members are also encouraged to give advance notice of their absence from a meeting. This ---=Fa inert ett Justified tine spacing:
absentee lic in the Council Handbook shall be as provided on the Board and r Net a1
Po Y as expressed
Commission form and provided in the congratulatory letter welcoming new Board and
Commission members, -'-{Cte t"m1
The preceding procedures shall not apply to non-voting Emeritus iv Ambers of appointed Boards _--{Dilated:e
and Commissions. Any member of an appointive Board or Commission may also be removed by --{maw m
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. Pursuant to Government Code Section 54927 the City Clerk maintains a list of all
Board and Commission members.
Procedures for granting Emeritus Status
A termed out or otherwise resigning Board or Commission Member may aooly to the City
Council for Emeritus Status related to the particular Board or Commission on which he or she
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 4. -- Not 1004 No
•The applicant must have over 50 years of uninterrupted service to the City in various F.►,esetad Indent Left: Fast
line: o"
capacities, including but not limited to, as an employee, a volunteer, and/or a .Font Not Rat
Commissioner. �,11e,,,p ,vat
*The applicant must be an active participant in the Community.
•The applicant's historical/institutional knowledge must contribute to the Agency's
discussions.
J.imitation on G r a n t i n g Emeritus Status ----{&" 0 d' :N tl 1
There is to be only one seated Emeritus Member on any single Board or Commission at
any given time,_ - Formatted: Not Italic
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The Role of an Emeritus Board or Commission Member '----(Forme Indent.Left: °"
•The Emeritus will be a recognized Board and Commission Member, appearing on all
rosters and being invited to all Board and Commission events with Emeritus Status noted.
•The Emeritus will receive all Commission paraphernalia,including,but not limited to,
pametags.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 notjrecessary for a quorum. ----(Fcnn t i Font:Not Rak
• 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. j
Council of Cities/City Selection Committee
On the first vote for a position selected by the Council of Cities/City Selection Committee,the
City's designated representative must vote in accordance with the City Council's direction. MI
subsequent votes are left to the discretion of the designated representative.
COUNCIL POLICY ON EXPRESSIONS 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.
COUNCIL 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.
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Hatay rren vanm tammusw®(...111 J
Staff Liaisons to Boards and Commissions
Library Board Library Director
Parks and Recreation Commission Director of Parks,Recreation and
Maintenance Services
Parking Place Commission Director of Economic and Community
Development
Personnel Board Director of Human Resources
Planning Commission Chief Planner
Housing Authority Executive Director
Design Review Board Chief Planner
Cultural Arts Commission Director of Parks,Recreation and
Maintenance Services
Conference Center Authority Executive Director
APPENDIX 7
7
BOARDS AND COMMISSIONS.
Number Term Time of Appointment Method of
of Length Appointment
Members
Library Board 5 3 years Fiscal Year City Council
Parks and 7 4 years Calendar Year City Council
Recreation
Parking Place 3 3 years Calendar Year City Council
Personnel Board 5 4 years Calendar Year City Council
Planning 7 4 years Calendar Year City Council
Housing Authority 7 Non-Tenant March City Council
4 years
Tenant
members-2
years
Cultural Arts Up to 15 4 years Calendar Year City Council
Design Review 2 Architects 4 years Calendar Year Planning
Board Commission
2 Landscape
Architects,
Horticulturis
ts,or
Designers
1 Building
or
Engineering
Contractor
Iarch _City Council _-- _ _ WOW:z a 3 Yon
Conference Center 9 members .4 years �. :�Y�
Authority
APPENDIX 8
8
Page 1:[1]Deleted 11/1/2011 12:54:00 PM
Historic Preservation Commission Director of Economic and Community
Development
9
Commissions,Boards,and Committees Application Process
Council Procedures
Application Anyone interested in serving on a City Commission, Board or
Procedures Committee must complete and submit a City Commissions, Boards,
and Committee application. Forms are available in the City Clerk's
Office and online at www.ssf.net. If there is no vacancy, the City
Clerk will hold the application on file for one year from receipt. If
there is a vacancy,the City Clerk will notify the applicant of the date,
time and location of the Biannual City Council Meetine for Board and
Commission Interviews/Apnointments. \ ---- Deleted:work with the Mayor toa
dete,mbie iibng?� . m
aooaimeaoem brochure,advertising and
agree upon other relevant dales,interview
process,and iotervidr quotient Review All applications received by the filing date are reviewed by the City
Clerk for conflict of interests, qualifications, residency and voting
status.
Other than those City employees who are currently serving on a
Commission, Board, or Committee, City employees are generally
considered to have a conflict of interest and generally will not be
appointed(but may be re-appointed). However,any retired or former
City employee is eligible and prior employment with the City is not
considered a conflict of interest.
Appointment Except for the Conference Center Authority, Council may consider
Procedures/Criteria any Commission, Board,or Committee applicant who is a registered
voter in the City of South San Francisco.
Coounci ll will receive all qualified candidate application materials for -,- Deleted:The Mayor
review prior to interviews _1 ie City Clerk for Council sub- DMMade and along w rah
committee)will develop suggested questions for a structured interview - tlaraEedt t
process. Interview appointments will be scheduled and candidates
will be notified by the City Clerk
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.
Revised 10/05 APPENDIX 9
1 0
Commission,Board,and Committee Application Process Page 2
City Council Procedures
I Reappointment No later than pne month prior to a term expiring, the Commissioner, - - Deleted:Tkirce
Process Board Member,or Committee Member will be asked about interest in f misted:
reappointment. If not interested, a letter declining reappointment
should be forwarded to the City Clerk. If interested in reappointment,
an application must be submitted to the City Clerk by the final filing
date. Die appointment will be advertised to notify other interested -_-- DsI No less dun 6O a&n ro m
persons. The Commissioner,Board Member,or Committee Member the tam t
who is interested in reappointment, as well as any other qualified
persons,who have applied,will be considered in the selection process.
Reappointment The Council may not reappoint anyone who has demonstrated non-
Procedures/Criteria support for the Council's philosophy,who has been absent from more
than one-third of the regular meetings within a rolling 12-month
period,or who has a continually recurring conflict of interest.
Term of Office Other than the Housing Authority. Appointments to a specific _ c i than the CulnuelArts
Commission, Board, or Committee are limited to a maximum of, -- t>aleo.e:four(Conference Center Authority. Cultural Arts Commission. Parks and
Recreation Commission,Parking Place Commission.Personnel Board,
and Planning Commission) or 4 (Library Board) full terms. An
appointment to serve out an unexpired term shall count as a first term
if, at the time of the appointment to the unexpired term, there
remained one-half plus one(1) day or more of the term to serve. If a
person is appointed to serve a portion of an unexpired term,which is
less than one-half of the term plus one(1)day,it shall not count as the
member's first term for the purpose of,term lin?its. --{Wetsd:The four-term limit
Orientation Each new Commissioner,Board Member,or Committee Member will
have an orientation by the Department Head for which the
Commission, Board, or Committee has responsibility, by the City
Attorney to review legal issues, and by the Mayor or designee to
communicate council philosophy.
APPENDIX 9
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ORDINANCE NO. 1395-2008
CITY COUNCIL,CITY OF SOUTH SAN FRANCISCO,STATE OF CALIFORNIA
AN ORDINANCE AMENDING TITLE 2 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE REGARDING TERMS AND
TERM LIMITS FOR MEMBERS OF THE CITY'S BOARDS
AND COMMISSIONS
NOW THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION 1. LIBRARY BOARD AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.52.040,
regarding term limits for the Library Board as follows:
2.52.040 Board of trustees—Limitation of terms—Vacancies.
Trustees shall be limited to four 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. Upon serving
the maximum number of consecutive terms, a Trustee shall not be eligible for re-appointment to
the Library Board of Trustees for a period of two years.
SECTION 2. PLANNING COMMISSION AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.56.030,
regarding term limits for the Planning Commission as follows:
2.56.030 Limitation of terms—Vacancies.
Commissioners shall be limited to three consecutive terms. For purposes
shall counted of calculating a
consecutive terms, service of at least two years plus one day during a term
complete term; all prior continuous service of existing Commissioners shall be counted. Upon
serving the maximum number of consecutive terms, a Commissioner shall not be eligible for re-
appointment to the Planning Commission for a period of two years.
SECTION 3. HISTORIC PRESERVATION COMMISSION AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.58.050,
regarding term limits for the Historic Preservation Commission as follows:
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2.58.050 Limitation of terms—Vacancies.
Commissioners shall be limited to three consecutive terms. For purposes of calculating
consecutive terms,service of at least two years plus one day during a term shall be counted as a
complete term; all prior continuous service of existing Commissioners shall be counted. Upon
serving the maximum number of consecutive terms,a Commissioner shall not be eligible for re-
appointment to the Historic Preservation Commission for a period of two years.
SECTION 4. PARKS AND RECREATION COMMISSION AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.60.030,
regarding term limits for the Parks and Recreation Commission as follows:
2.60.030 Limitation of terms—Vacancies.
Commissioners shall be limited to three consecutive terms. For purposes of calculating
consecutive terms,service of at least two years plus one day during a term shall be counted as a
complete term; all prior continuous service of existing Commissioners shall be counted. Upon
serving the maximum number of consecutive terms, a Commissioner shall not be eligible for re-
appointment to the Parks and Recreation Commission for a period of two years.
SECTION 5. PERSONNEL BOARD AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.62.030,
regarding term limits for the Personnel Board as follows:
2.62.030 Limitation of terms—Vacancies.
Board members shall be limited to three consecutive terms. For purposes of calculating
consecutive terms, service of at least two years plus one day during a term shall be counted as a
complete term; all prior continuous service of existing Board members shall be counted. Upon
serving the maximum number of consecutive terms, a Board member shall not be eligible for re-
appointment to the Personnel Board for a period of two years.
SECTION 6. PARKING PLACE COMMISSION
The City Council hereby amends South San Francisco Municipal Code Section 2.64.030,
regarding term limits for the Parking Place Commission as follows:
2.64.030 Limitation of terms—Vacancies.
Commissioners shall be limited to four 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 Commissioners shall be
counted.Upon serving the maximum number of consecutive terms, a Commissioner shall not be
eligible for re-appointment to the Parking Place Commission for a period of two years.
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SECTION 7. CONFERENCE CENTER AUTHORITY AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.78.040,
regarding terms and term limits for the Conference Center Authority as follows:
2.78.040 Term.
The term of each member of the commission shall be as follows:
(a) City Council members shall serve two-year terms. No Councilmember shall continue to
serve as a Councilmember/Commissioner after his/her term on the city council expires.
(b) All remaining Commissioners shall serve four-year staggered terms. Initial appointments
may be made for less than a full term to assure that they are appropriately staggered.
Commissioners who are not City Councilmembers shall be limited to three consecutive terms.
For purposes of calculating consecutive terms,service of at least two years plus one day during a
term shall be counted as a complete term;all prior continuous service of existing Commissioners
shall be counted. Upon serving the maximum number of consecutive terms, a Commissioner
shall not be eligible for re-appointment to the Conference Center Authority for a period of two
years.
(c) The City Manager's position on the commission shall be coterminous with his/her
employment with the city.
SECTION 8. CULTURAL ARTS COMMISSION AMENDMENTS
The City Council hereby amends South San Francisco Municipal Code Section 2.80.030,
regarding appointment of the Cultural Arts Commission, amends section 2.80.040, regarding
terms for the Cultural Arts Commission, adds section 2.80.045, regarding term limits for the
Cultural Arts Commission, amends section 2.80.080 regarding compensation for the Cultural
Arts Commission, and deletes section 2.80.090,regarding removal of Cultural Arts Commission
members,as follows:
2.80.030 Composition and appointment
The Cultural Arts Commission shall consist of ten members until the voluntary resignation of
any one member, after which time the Cultural Arts Commission shall consist of up to nine
members. Commission members shall be appointed by a majority of the city council. All
members shall, at their time of appointment and continuously through their incumbency,reside
within the city.
2.80.040 Term of members.
The term of each member of the Cultural Arts Commission shall be four yearsdunriil a in
successor is appointed and qualified.Terms shall be staggered expire
2.80.045 Limitation of terms—Vacancies.
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Commission members shall be limited to three consecutive terms. For purposes of calculating
consecutive terms, service of at least two years plus one day during a term shall be counted as a
complete term; except that time served prior to the effective date of this section, June 13, 2008,
shall not be counted. Upon serving the maximum number of consecutive terms,a Commissioner
shall not be eligible for re-appointment to the Cultural Arts Commission for a period of two
years.
2.80.080 Minutes of meetings and compensation.
Minutes of meetings of the Cultural Arts Commission shall be kept for all meetings and copies
thereof shall be delivered by the secretary of the commission to the City Clerk for filing and
distribution to members of council within fifteen days of the Commission's approval.
Commissioners shall receive for their services compensation in the amount of fifty dollars for
each regular meeting actually attended.
SECTION 9. SEVERABILITY
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
SECTION 10. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance
shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at
which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary,
and(2)post in the City Clerk's Office a certified copy of this Ordinance.Within fifteen(15)days
after the adoption of this Ordinance,the City Clerk shall(1)publish the summary,and(2)post in
the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of
those City Council members voting for and against this Ordinance or otherwise voting. This
ordinance shall become effective thirty days from and after its adoption.
*
* * * *
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Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 234 day of April 2008.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 14th day of May 2008 by the following vote:
AYES: Councilmembers Mark N.Addiego.Richard A. Garbarino and Kevin Mullin.
Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez
NOES: None
ABSTAIN: None
ABSENT: None
^,W,.`
A T:
City erk
As Mayor of the City of South San Francisco, I do hereby approve the regoing
ordinance this 14t day of May 2008. ,
P-•, 4Go :.e ,
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RESOLUTION NO.27-2009
CITY COUNCIL,CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION ESTABLISHING BIANNUAL BOARD AND
COMMISSION INTERVIEWS IN DECEMBER/JANUARY AND
MAY/JUNE OF EACH YEAR AND ESTABLISHING
PROCEDURES FOR RECRUITMENT NOTICES.
WHEREAS, the City has numerous Boards and Commissions with scheduled term
expirations and vacancies occurring in December,March and June;and
WHEREAS, from time to time unscheduled vacancies are caused by resignations, life
circumstances, removal, and/or a Board or Commission member's appointment to a position or
legislative body that conflicts with the respective individual's service on a Board or Commission;
and
WHEREAS,Government Code Section 54974("Section 54974")requires the posting of a
special vacancy notice not earlier than 20 days before or not later than 20 days after an unscheduled
vacancy occurs on any board, commission, or committee for which the legislative body has the
appointing power;and
WHEREAS,pursuant to Section 54974 final appointment to a Board or Commission shall
not be made for at least 10 working days after the posting of the notice; and
WHEREAS, Section 54974 provides that if the legislative body finds that an emergency
exists due to the occurrence tean d�fill he such
vacancy shall serve only onan acting bass
provided that the person appo until the
final appointment is made; and
WHEREAS, the City Council Handbook establishes that no member of a Board or
Commission may be a member of any other Board or Commission with the City unless otherwise
approved by the Council; and
WHEREAS,the City Council has determined that it would be most efficient to streamline
the number of yearly City Council meetings held for the purpose of conducting Board and
Commission interviews;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby establishes that:
1. The City Clerk's Office will recruit for scheduled Board and Commission term limits and
vacancies biannually consistent with the schedule for Board and Commission intervievk
established herein.
2. The City Clerk's Office will recruit for unscheduled Board and Commission vacancies in
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accordance with Section 54974.
3. The City Council will conduct meetings for the purpose of interviewing Board and
Commission applicants in December and/or January and May and/or June of each year.
4. If an unscheduled vacancy occurs,Council may:(a)allow the seat to remain vacant until
the next biannual meeting scheduled for interviews, so long as the vacancy does not
cause the respective Board or Commission to lose its quorum;or(b)determine that an
emergency exists and fill the seat immediately provided that the person appointed to fill
the vacancy shall serve only on an acting basis until the final appointment is made
pursuant to the recruitment procedures specified in Section 54974 and at the next
biannual meeting held for the purpose of conducting Board and Commission interviews;
or(c)choose to approve the seated members' service on two legislative bodies until the
next biannual meeting for Board and Commission interviews.
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 8th day of April,
2009 by the following vote:
AYES: Councilmembers Pedro Gonzalez,Richard A. Garbarino,and Kevin Mullin,
Vice Mayor Mark Addiego and Mayor Karvl Matsumoto
NOES: None
ABSTAIN: None
ABSENT: None
A EST: 'c 4"I AK. elf .
Ci Clerk
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ORDINANCE NO. 1440-2011
CITY COUNCIL,CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA
AN ORDINANCE REPEALING CHAPTER 2.58 AND
AMENDING CHAPTER 2.56 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO TRANSFER THE ROLE
AND RESPONSIBILITIES OF THE HISTORIC
PRESERVATION COMMISSION TO THE PLANNING
COMMISSION
WHEREAS,in an effort to preserve the structures, sites and areas of special character or
special historic, architectural, or aesthetic interest or value, the City created the Historic
Preservation Commission in April of 1985;and
WHEREAS,pursuant to South San Francisco Municipal Code Chapter 2.58,the Historic
Preservation Commission is currently charged with designating historic resources,and reviewing
proposed changes and modifications to designated historic resources;and
WHEREAS, based on the articulated powers and duties in Chapter 2.58, there is an
insufficient volume of work to sustain an independent Historic Preservation Commission for the
foreseeable future;and
WHEREAS, eliminating the Historic Preservation Commission and transferring its
powers and duties to the Planning Commission would (1) facilitate faster review of projects
affecting historical resources due to the Planning Commission's more frequent meeting schedule;
(2) make more efficient use of staff time by eliminating the need for staff coverage at Historic
Preservation Commission meetings;(3)provide a fiscal savings to the City.
NOW, THEREFORE, BE IT ORDAINED by the South San Francisco City Council as
follows:
SECTION 1 AMENDMENTS.
The City Council of the City of South San Francisco hereby makes the following enumerated
amendments to the South San Francisco Municipal Code:
(1) Repeal Chapter 2.58 of the South San Francisco Municipal Code in its entirety.
(2) Amend Chapter 2.56 of the South San Francisco Municipal Code to add Sections 2.56.080
through 2.56.210, as follows. Sections 2.56.080 through 2.56.210 have been moved from the
former Chapter 2.58 ("Historic Preservation Commission") and renumbered, consistent with
the existing Chapter 2.56. The remainder of the former Chapter 2.58 (i.e., Sections 2.58.030
through 2.58.090)were related to the establishment, terms, organization, meeting schedule,
and compensation of commissioners of the Historic Preservation Commission, and therefore
have not been moved and are not proposed for adoption or re-adoption.
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2.56.080 Historic Preservation Findings and Purposes.
(a) It is hereby found that structures, sites and areas of special character or special historical,
architectural, or aesthetic interest or value have been and continue to be unnecessarily
destroyed,impaired or neglected despite the feasibility of preserving them.
(b)It is further found that the prevention of such needless destruction and impairment is
essential to the health, safety and general welfare of the citizens of the city of South San
Francisco.
(c) The purpose of Sections 2.56.080 through 2.56.210 is to promote the health, safety and
general welfare of the citizens of the city of South San Francisco through:
(1) The identification, protection, enhancement, perpetuation and use of structures,
sites and areas that are reminders of past eras,events and persons important to local, state
or national history, or which provide significant examples of architectural styles of the
past or are elements in the history of architecture or which are unique and irreplaceable
assets to the city of South San Francisco and its neighborhoods,or which provide for this
and future generations examples of the physical surroundings in which past generations
lived.
(2) The development and maintenance of appropriate settings and environments for
such structures,in such sites and areas.
(3) The enhancement of property values,the stabilization of neighborhoods and areas
of the city, and the increase of economic and financial benefits to the city and its
inhabitants.
(4) The preservation and encouragement of a city of varied architectural styles,
reflecting the distinct phases of its history — cultural, social, economic, political and
architectural.
(5) The enrichment of human life in its educational and cultural dimensions in order
to serve spiritual as well as material needs by fostering knowledge of the living heritage
of the past.
2.56.090 Definitions.
For the purpose of this chapter,the following words and phrases are defined as follows:
(a) "Alteration"means any change to or modification of an historic resource.
(b)"Architectural" means anything pertaining to the science, art or profession of designing
and constructing buildings.
(c) "Certificate of alteration" means an approved certificate issued for the construction,
demolition, alteration, removal or relocation of any publicly or privately owned historic
resource.
(d)"Commission" means the planning commission appointed pursuant to the provisions of
this chapter.
(e) "Culture" or "cultural" means anything pertaining to the concept, skills, habits, arts,
instruments,or institutions of a given people at a given point in time.
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(f) "Chief Planner"means the Chief Planner of the City of South San Francisco,or the Chief
Planner's designee.
(g)"Historic resource"means a structure, a natural feature, or a site which is fifty years old
or older, of architectural, artistic, cultural, engineering, aesthetic, archeological, historical,
political,or social significance to the citizens of the city of South San Francisco,the state,or
the nation.
(h)"List of potential historic resources" means that list which has been developed by the
former historic preservation commission which includes properties which have been studied
and ranked in terms of importance and which qualify as potential historic resources.This list,
which may be amended by the commission from time to time, is on file in the office of the
Chief Planner.
(i) `Natural feature"means any tree,plant life,geographical or geological site or feature.
(j) "Owner" means any person, association, partnership, firm, corporation or public entity
appearing as the holder of title on any property as shown on the records of the county
assessor or on the last equalized assessment roll of the county of San Mateo,as applicable.
(k)"Person"means any person,association,partnership,firm,corporation or public entity.
(1) "Preservation" means the identification, study, protection, restoration, rehabilitation or
enhancement of historic resources.
(m)"Site"means a parcel or parcels of land in the city of South San Francisco.
(n)"Structure" means any building or any other man made object affixed on or under the
ground
2.56.100 Powers and duties.
In addition to those powers and duties identified in Title 20, the commission shall have the
following powers and duties with respect to historic preservation:
(a)Designate historic resources;
(b) Review applications for, and issue certificates of alteration authorizing alteration,
demolition or construction affecting designated historic resources;
(c) Consult with and consider the ideas and recommendations of civic groups, public
agencies,and citizens interested in historic preservation;
(d)View structures,sites and areas which it has reason to believe are worthy of preservation;
(e)Disseminate information to the public concerning those structures, sites and areas deemed
worthy of preservation, and encourage and advise property owners and members of the
community generally in the protection, enhancement, perpetuation and use of property
designated historic resources;
(f)Consider and recommend to the city council methods other than those provided for in this
chapter for encouraging and achieving historical or architectural preservation;
(g) Review and make recommendations to the city council regarding applications for, and
administration of, historic property agreements, submitted or entered into, pursuant to the
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provisions of Article 12 (commencing with Section 50280), Chapter 1, Part 1, Division 1,
Title 5 of the Government Code.
2.56.110 Criteria for historic designation.
In considering a proposal for designation as an historic resource, the commission shall apply
any or all of the following criteria:
(a) Its character, interest or value as a significant part of the heritage of the city,the state or
the nation,and
(b)Its location as a site of a significant historic event,or
(c) Its identification with a person or persons who significantly contributed to the culture and
development of the city,the state or the nation,or
(d)Its exemplification of a particular architectural style or way of life,or
(e) Its exemplification of the best remaining example of a particular architectural type in the
city,or
(f) Its identification as the creation,design or work of a person or persons whose efforts have
significantly influenced the heritage of the city,the state or the nation,or
(g)Its embodiment of elements demonstrating outstanding attention to artistic, architectural
and/or engineering design,detail,materials,or craftsmanship,or
(h)Its relationship to any other historic resource if its preservation is essential to the integrity
of the other historic resource (for example, it is a clearly identified element of a larger
cohesive neighborhood or area whose integrity and character should be protected,such as the
civic center,downtown,or a specific residential neighborhood),or
(i) Its unique location or singular physical characteristics representing an established and
familiar visual feature of the city,or
(j) Its potential of yielding significant information of archeological interest,or
(k)Its integrity as a natural environment that strongly contributes to the well-being of the
people of the city, the state,or the nation.For example, an area retained in or developed in a
natural setting, such as portions of Sign Hill, or some other feature which contributes to the
quality of life in South San Francisco.
2.56.120 Procedures for designation of historic resources.
The procedure for designation of historic resources shall be as follows:
(a) Any person or entity may file an application with the commission upon paying an
application fee in an amount as set forth in the master fee schedule as adopted by resolution
of the city council.
(b)An application shall be made on the prescribed form and shall be filed with the Chief
Planner.Included with the application shall be a statement of consent signed by the property
owner(s).
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(c) Each application shall also include a list of the applicable criteria under which the project
qualifies for designation.Each criterion shall be supported by appropriate facts which will be
considered by the commission in the hearing.
(d)Each proposal shall be considered by the commission at a public hearing. Hearing dates
shall be set administratively. Notice of the hearing shall include the date, time and place of
the public hearing and the subject of the hearing.Notice shall be published in a newspaper of
general circulation not less than ten calendar days prior to the date of the hearing.All notices
of the hearings shall be sent by first class mail not less than ten days prior to the date of the
hearing. All applicants, owners, adjacent property owners and any other individual who has
paid for and requested notice are to be notified. The commission may give such additional
notice by mail or by posting as the commission may deem desirable.
(e) After the close of the public hearing and discussion by the commission,the commission
shall take action on the proposal.The commission may approve,disapprove,or conditionally
approve an application for designation as an historic resource. Approval or conditional
approval of a designation as an historic resource shall be made only by four or more
affirmative votes.Written findings may be adopted within thirty days.
(1) The commission may approve or conditionally approve a designation as an historic
resource when it finds:
(1) That the proposed structure, natural feature, site or district has significance as an
historic resource; and
(2) That approval is consistent with the purpose and criteria of this chapter.
(g)Following its decision,the commission shall send to the applicant(s) and to the owner(s)
of the property(ies) involved a notice outlining the basis for such decision, and if the
commission approves the designation,the notice shall outline the regulations resulting from
such designation. Information about appealing the decision shall be included in the notice.
The commission also may forward a copy of the notice to any department or agency
requesting it or that the commission considers affected by the designation.
(h)Upon expiration of the appeal period the secretary of the commission shall cause notice
of the designation to be recorded in the San Mateo County recorder's office.
2.56.130 Certificate of alteration.
(a)No building permit shall be issued for and no person shall carry out or cause to be carried
out on a designated historic resource any material change through alteration, construction,
relocation, or demolition without a certificate of alteration as approved by a majority of the
commission.
(b)Any person who plans the demolition, construction, alteration, relocation or removal of
an historic resource or part thereof shall first submit an application for a certificate of
alteration,along with a fee in an amount as set forth in the master fee schedule as adopted by
resolution of the city council.Copies of the plans for the proposed work shall accompany the
application. An application shall be made on the prescribed form and shall be filed with the
Chief Planner.
(c) Upon receipt of an application for a certificate of alteration,the matter shall be forwarded
to the design review board for report and recommendation. The commission subsequently
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shall hold a public hearing.Notice of the time and place of the public hearing shall be given
in the manner prescribed in Section 2.56.120.
(d)In evaluating an application for a certificate of alteration the commission shall consider,
among other things,the purpose of this chapter and the historic value,architectural value and
significance of the historic resource, as well as present and prospective effects or hardships
upon the owners and occupants of the affected properties. The commission shall take into
consideration the design review board's report and recommendations, architectural features
of the building or structure in question, the landscaping or natural features of the site in
question, and the position of such buildings, structures or sites in relation to the street or
public way and to other buildings, structures, or sites. The United States Secretary of the
Interior's Guidelines for Rehabilitation, available in the office of the Chief Planner, shall
provide base criteria for evaluating proposed alterations to an historic resource.
(e) The commission may approve,conditionally approve or disapprove the application.
(f) No approval or conditional approval may be made unless the commission first finds that:
(1) The action proposed is consistent with the purposes of this chapter,and
(2)The action proposed will not be detrimental to a structure or feature having
significance as an historic resource;or
(3) The applicant has demonstrated that the action is necessary to correct an unsafe or
dangerous condition on the property;or
(4) The applicant has demonstrated that denial of the application will result in
immediate,undue,or substantial hardship because of conditions peculiar to the particular
site or improvement.
(g)A final determination shall be rendered by the commission following completion of the
hearing and discussion by the commission. Written findings may be adopted within thirty
days.
(h)Action of the commission shall be deemed final, unless appealed. No certificate of
alteration shall be issued until the time period for appeal has expired.
(i) The provisions of this section shall not apply to the following:
(1) Where an historic resource has been damaged by fire, earthquake or other act of
God to the extent that it cannot be repaired or restored with reasonable diligence, and
where demolition of such structure,natural feature or site is being undertaken with prior
approval of the chief building official.
(2) Where, as determined by the chief building inspector,hazardous conditions exist
and the hazardous conditions must be corrected immediately in the interest of the public
health,safety and welfare.
(j) Any certificate of alteration which has been issued under the provisions of this chapter
shall expire two years from the date of issuance if a building permit for the work authorized
is not obtained within the time period.
2.56.140 Amendment or rescission of designation.
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(a) The commission may amend or rescind an historic resource designation. The procedure
for amending or rescinding the designation shall be the same as for initial designation.
(b)Any natural act, accident or act of God which alters or destroys the integrity or the
significance that is the basis for an historic resource designation may be grounds for
amendment or rescission of the designation.Any introduction of new elements that are out of
character with the property or its setting may be grounds for rescission of the designation.
(c) Change in ownership of an historic resource alone is not in and of itself sufficient
grounds for amendment or rescission of the designation. Unusual circumstances, such as the
destruction of a portion of the resource and the owner's inability to reconstruct it, may be
grounds for rescission of the designation of an historic resource.
(d)The commission may amend or rescind a designation,in whole or in part,when it deems
it to be in the public interest to do so.
(e) When a designation has been amended or rescinded, the secretary of the commission
shall cause notice of the change in designation to be recorded in the San Mateo County
recorder's office.
2.56.150 Appeals.
Any interested person may appeal to the city council a decision of the commission made
pursuant to these Sections 2.56.080 through 2.56.210,in accordance with Chapter 20.570.
2.56.160 Maintenance and repair.
(a) Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair
of any exterior architectural feature in or on an historic resource that does not involve a
change in design or material or a substantial change in appearance thereof, nor does this
chapter prevent the construction, reconstruction, alteration, restoration, demolition, or
removal of any such feature when the chief building inspector certifies to the commission
that such action is required for public safety due to an unsafe condition which cannot be
rectified through the uses of the State Historic Building Code, as set forth in Health and
Safety Code Section 18950,et seq.
(b) The owner, occupant, or other person in actual charge of an historic resource, or part
thereof, shall keep in good repair all of the exterior portions of such building(s) or
structure(s),any of the interior portions specifically identified in the designation or certificate
of alteration, and all interior portions whose maintenance is necessary to prevent
deterioration and decay of any exterior architectural feature.
2.56.170 Demolition of potential historic resources.
(a) All applications for a demolition permit for any structure or portion thereof which is
included on the list of potential historic resources shall be subject to review. All such
applications shall be accompanied by a photograph and shall be transmitted from the
building division to the Chief Planner for review.
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(b)The issuance of any demolition permit for a structure described in subsection (a)of this
section may be postponed by the Chief Planner for a period not to exceed sixty days for the
date of application for the demolition permit.During the period of postponement efforts shall
be made to investigate, document and photograph the structure and explore possible
alternatives to demolition.
(c) The sixty-day period may be waived by the chief building inspector where there is
imminent danger to life,limb or health of the public which requires immediate demolition.
2.56.180 Disposal of historic materials.
(a) The city council shall, prior to selling, giving away, disposing of or relinquishing its
interest in any materials accepted by the city for the purpose of historic preservation,conduct
a public hearing concerning its proposed actions.
(b)Notice of the public hearing shall be published ten calendar days in advance of the
hearing required by subsection(a)of this section and shall specify the time,date and place of
the hearing as well as identifying the items to be disposed of by the council.
(c) At the close of the hearing,the council may,in its sole discretion,order the disposition of
the identified items.The council's disposition order will become effective on the thirtieth day
following the council action.All items ordered disposed shall be maintained until the council
order become effective.
2.56.190 Enforcement.
(a) The chief building inspector shall have the authority to enforce the provisions of this
chapter, and may call upon the assistance of other city officials. Enforcement actions may
include,but are not limited to,the issuance of corrective notices or stop work notices and the
issuance of warnings or citations.
(b)The city attorney is authorized to institute any legal proceedings necessary to enforce the
provisions of this chapter.
(c) Where not in conflict with the provisions of this chapter,other provisions of this code and
of state law which govern the approval or disapproval of applications for permits or licenses
shall apply,and shall be enforced as specified in those provisions.
2.56.200 Remedies cumulative.
The remedies provided for herein shall be cumulative and not exclusive.
2.56.210 Violation—Penalty.
Any person violating or failing to comply with the provisions of this chapter shall be guilty
of a misdemeanor and upon conviction shall be punished as set forth in Chapter 1.24 of this
code.
SECTION 2 SEVERABILITY.
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If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end,provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision,paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences,clauses,or phrases be held unconstitutional,invalid,or unenforceable.
SECTION 3 PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1)publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after
its adoption.
*
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Introduced at a regular meeting of the City Council of the City of South San
Francisco,held the 27th day of April,2011.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 116 day of May,2011 by the following vote:
AYES: Councilmembers Mark Addiego,Pedro Gonzalez,and Karvl Matsumoto,
Vice Mayor Richard Garbarino and Mayor Kevin Mullin
NOES: None
ABSTAIN: None
ABSENT: None
A 110%4
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 11th day of May,2011.
atitZ PLek
Kevin Mullin,Mayor
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