HomeMy WebLinkAboutReso 165-2023 (File 23-977)CITY OF
SOUTH SAN
FRANCISCO
CITY COUNCIL
PROCEDURES AND
PROTOCOLS
Prepared by:
Office of the City Clerk
Rosa Govea Acosta, City Clerk
Adopted on August 25, 2021, Resolution No. 155-2021
Exhibit A
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Table of Contents
INTRODUCTION............................................................................................................. 3
MISSION STATEMENT ................................................................................................. 3
VALUES ............................................................................................................................ 3
GUIDING PRINCIPLES ................................................................................................. 4
CITY SEAL ....................................................................................................................... 4
CITY COUNCIL ............................................................................................................... 4
CITY COUNCIL-MANAGER FORM OF GOVERNMENT ...................................... 5
ROLES AND RESPONSIBILITIES ............................................................................... 6
CONCURRENT ROLES ................................................................................................. 9
COUNCIL COMMITTEE ASSIGNMENTS ................................................................. 9
ROLES IN DISASTER................................................................................................... 10
COUNCIL REORGANIZATION ................................................................................. 14
ELECTED SEAT VACANCIES ................................................................................... 16
COMPENSATION ......................................................................................................... 16
TRAINING EXPENSES ................................................................................................ 17
EQUIPMENT AND SUPPLIES .................................................................................... 18
QUORUM ........................................................................................................................ 18
SUBPOENAS................................................................................................................... 18
CONDUCT OF MEETINGS ......................................................................................... 19
COUNCIL CONDUCT WITH STAFF ........................................................................ 19
BROWN ACT.................................................................................................................. 20
ROSENBERG RULES OF ORDER ............................................................................. 23
ABSENCES AND REMOTE ATTENDANCE ............................................................ 23
LEGISLATIVE ACTIONS ............................................................................................ 26
VOTING .......................................................................................................................... 28
BASIC PROCEDURES – MAIN MOTIONS .............................................................. 29
REQUESTS FOR AGENDA ITEMS, ORDINANCES, OR LEGAL OPINION ..... 30
MEETINGS ..................................................................................................................... 30
AGENDA ORDER .......................................................................................................... 32
PUBLIC HEARINGS ..................................................................................................... 35
PUBLIC PARTICIPATION .......................................................................................... 36
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MEETINGS – VIDEO STREAMED AND BROADCAST ........................................ 41
MINUTES ........................................................................................................................ 41
BOARDS AND COMMISSIONS .................................................................................. 42
STAFF ASSISTANCE .................................................................................................... 45
COUNCIL MAIL ............................................................................................................ 46
CONFLICT OF INTEREST .......................................................................................... 47
POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 48
POLICY ON COMMUNITY FUNDING ..................................................................... 49
POLICY ON DEDICATION OF CITY FACILITIES ............................................... 50
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INTRODUCTION
The City of South San Francisco is a municipal corporation. South San Francisco is a general
law city, established pursuant to California law, with a City Council-City Manager form of
government. In order to collect and clarify its procedures and policies, and as provided by
Government Code Section 36813, the City Council establishes this handbook.
The Handbook is intended to assist Councilmembers in carrying out their roles, as well as to
provide useful information to prospective Councilmembers and other interested citizens.
Through the agreement of the City Council and staff to adhere to these practices, the effective
administration of City Council affairs is greatly enhanced. Councilmembers will be provided a
copy of and be familiar with the Handbook. The City Council will conduct its meetings in
accordance with the guidance in the Handbook.
The City Clerk shall be responsible for the maintenance of the Handbook and for making it
available to the public. It is anticipated that this Handbook will be reviewed at least biennially, in
order to reflect either changes in the law or City Council procedure or policy. This handbook is
not intended to be a legal statement and is not written in legal terms.
MISSION STATEMENT
The City of South San Francisco’s mission is to provide a safe, attractive, and well-maintained
city through excellent customer service and superior programs, and a work ethic that will
enhance the community’s quality of life.
To that end, we will strive to nurture a partnership with the community by recruiting a diverse,
inclusive, and highly skilled workforce, being an active partner in quality education, and
attracting and retaining a prosperous business community, all of which will foster community
pride and understanding.
South San Francisco is a place where everyone can thrive. Its high quality of life, diverse and
inclusive community, livable neighborhoods, excellent services, culture of innovation, and
environmental leadership ensure all people have the opportunity to reach their full potential.
VALUES
As an organization we are committed to:
• Diversity and Inclusion
• Livability
• Sustainability
• Innovation
GUIDING PRINCIPLES
• Affordable, Safe, Attractive Amenity-Rich Neighborhoods
• High-Qual ity and Accessible Services, Facilities, and Amenities for Residents at
All Stages of their Lives
• A Safe, Convenient, and Accessible Transportation Network w ell-connected to the
Region
• A Resilient Community
• A Prosperous Downtown and Local Economy
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CITY SEAL
The term "city seal" is used to refer to two different items: the official corporate seal and the city
logo which appears on business cards, letterhead, and so forth.
The corporate seal, which is in the custody of the City Clerk, is a stamp which leaves a visible
and tactile impression upon a document. The seal is circular, has a two-inch diameter and the
words "Seal of the City of South San Francisco Incorporated September 19, 1908". Use of the
corporate seal is mostly a matter of custom and ceremony.
The city logo appears frequently and is what most people identify as the city seal. It is circular,
exists in a variety of sizes, says "City of South San Francisco California" and has a detailed
rendering of city scenes in the center. It is used to associate items and materials with the City
and is not to be used in any manner which would imply the official sanction of the City when
such is not the case. For other than official city business or city-related activities, the logo/seal
may not be used to imply that a user represents or is in any way officially associated with the
City except by specific written authorization of the City Manager.
Councilmembers who abuse the use of the city seal in intentional political and campaign
activities, such as paid campaign advertisements, shall apologize publicly over their abuse of city
resources. The councilmembers will also do whatever is in their power to cease and desist the
spread and distribution of such campaign materials.
CITY COUNCIL
As a general law city, South San Francisco derives its authority from and is subject to the general
laws of the State of California. Its authority to regulate is limited to those powers authorized by
the State of Constitution and laws adopted by the State Legislature. South San Francisco has a
five-member City Council elected at district-level seats by each of the City’s five (5) districts to
four-year terms on a staggered biennial basis. Councilmember terms are staggered so that a
measure of continuity is maintained in the transition from one City Council to the next.
The powers of a City Council in California to establish policy are quite broad. Essentially,
councils may undertake any action related to city affairs other than those forbidden or preempted
by state or federal law. Specifically, the City Council shall have the power, in the name of the
city, to do and perform all acts and things appropriate to a municipal corporation and the general
welfare of its inhabitants, which are not specifically forbidden by the Constitution and laws of
the State of California.
The South San Francisco City Council acts as a body. While the Mayor has some additional
ceremonial and administrative responsibilities, no Councilmember has any power or additional
votes beyond those of the other members or the Mayor. In the establishment of policy, voting
and in all areas except those identified below, all members are equal. Except where the law
requires a certain number of affirmative votes, a majority vote of the City Council establishes
policy and makes decisions for the City. While an individual member may disagree with a
decision of the City Council, a decision of the majority does bind the City Council to a course of
action. In turn, it is the city staff’s responsibility to ensure that the policy of the City Council is
implemented. Actions by city staff to implement a decision of the City Council do not reflect any
bias against a Councilmember who held a minority view on that issue.
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Appointment of City Manager and City Attorney
The City Council appoints two positions within the city organization: the City Manager and the
City Attorney (currently a contract attorney). Both positions serve at the will of the City Council
as a body. The City Attorney serves as parliamentarian during City Council meetings. The role
of the parliamentarian is advisory and consultative; the chair has the power to rule on questions
of order.
CITY COUNCIL-MANAGER FORM OF GOVERNMENT
Role of the City Manager
The City Manager is an employee of the City and has an employment agreement that specifies
certain terms of employment including an annual performance evaluation by the City Council.
The City Manager is responsible for all other personnel appointments within the City with the
exception of the City Attorney’s office. The employment relationship between the City Council
and the City Manager honors the fact that the City Manager is the Chief Executive Officer of the
City who works for five independently elected officials. The City Council and City Manager
should be a participatory team.
Councilmembers should avoid situations that can result in the City staff being directed by one or
two members of the Council. Regular communication between the City Council and the City
Manager is important in managing open communications. All dealings with the City Manager,
whether in public or private, should respect the authority of the City Manager in administrative
matters. The City Council evaluates the performance of the City Manager on an annual basis to
ensure that both the City Council and the City Manager are in agreement about performance and
goals.
As in any professional relationship, it is important that the City Manager keeps the City Council
informed. The City Manager respects and is sensitive to the political responsibility of the City
Council and acknowledges that the final responsibility for establishing the policy direction of the
City is held by the City Council.
The City Manager’s power and authority include the ability to:
Review all agenda documents before preparing the agenda for any regular or special
meeting of the City Council.
Direct the work of all appointive City officers and departments that are the concern and
responsibility of the City Council, except those that are directly appointed by or report
directly to the City Council.
Recommend to the City Council adoption of polices or procedures that the City Manager
may deem necessary for the health, safety or welfare of the community.
Conduct research in administrative practices in order to bring about greater efficiency in
City government.
Execute and issue letters of support in communication with the Mayor for funding
support as directed by a majority of the City Council.
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ROLES AND RESPONSIBILITIES
Councils are comprised of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to
improve the quality of life in the community. In all cases, this common goal should be
acknowledged even as the Council may "agree to disagree" on contentious issues.
All members of the City Council, including those serving as Mayor and Vice-Mayor, have equal
votes. No Councilmember has more power than any other Councilmember, and all should be
treated with equal respect and provided with the same opportunities for discussion and dialogue
during deliberations considered by the council.
Mayor
∗ Is nominated and appointed on a special council meeting held after the final declaration
of the results of the preceding Council election and prior to the first regular council
meeting in December during election years, and on a special held council meeting prior
to the first regular council meeting in December in non-election years.
∗ Serves as the presiding officer of the City Council, preserving strict order and decorum at
all publicly noticed meetings of the City Council; announces City Council decisions on
all subjects; and decides all questions of order, including items to be placed on the regular
council meeting agenda in communication with the City Manager, City Attorney, and
City Clerk, subject to modification by the City Council.
∗ Plans and organizes with City Manager and city staff the annual City Council strategic
priorities retreat.
∗ Leads the City Council into an effective and cohesive working team.
∗ Is recognized as the ceremonial spokesperson for the City.
∗ Serves as the City Council’s spokesperson in the media. However, when a direct inquiry
is made to Councilmembers from media, members should apprise the Mayor and City
Manager of communications with any media outreach, interview or presentations, when
possible and if timing permits.
∗ Selects a substitute for City representation when unable to attend and speak.
∗ May call for special meetings or council study sessions as necessary in response to the
scope and timing of the City Council’s workload and schedule.
∗ Signs minutes or other required documents on behalf of the City when Mayor’s signature
is required.
∗ Appoints other councilmembers to regional or county govt bodies, associations, boards,
and commissions and checks in with them on their current assignments.
∗ Rotates the assignment of councilmembers to internal assigned committees that focus on
direct internal city work.
∗ Responds to correspondence submitted to the full City Council on non-agenda items,
regular mail or electronic communication.
∗ Oversees the administration of proclamations and plaques as adopted by the City
Council.
∗ Issues proclamation and plaques as needed without formal action by City Council.
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However, any councilmember may submit a request to the Mayor for such items.
Certificates of Recognition and Commendations may be issued by all members without
formal approval action being taken.
∗ Coordinates the annual performance evaluation of the City Manager and City Attorney.
∗ Is entitled to vote on all matters and vote counts only once. Does not have veto power or
ability to break any form of vote ties.
∗ Has the discretionary decision-making authority of time-allotment given to speakers or
members of the public during special or regular council meetings.
* The Mayor may require any person addressing the Council to be sworn in as a witness
and to testify under oath and must so request 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.
Vice Mayor
∗ Serves as the presiding officer when the Mayor is absent.
∗ Performs all of the duties of the Mayor in the Mayor’s absence or specific duties at the
request of the Mayor.
∗ Represents the City at ceremonial functions at the request of the Mayor.
Councilmembers:
∗ Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations.
∗ Serve as role models of leadership, public service and civility to the community.
∗ Inspire public confidence and respect in South San Francisco government.
∗ Respect the roles of all elected officials and City staff to ensure an open and effective
government.
∗ Work for the common good, not personal interest.
∗ Participate in all scheduled City Council meetings in person or virtually as allowed by
the Brown Act and in other public forums while demonstrating respect, consideration and
courtesy to others.
∗ Demonstrate honesty and integrity in every action and statement.
∗ Comply with both the letter and spirit of the laws and policies affecting the operation of
government.
∗ Prepare in advance of City Council meetings and be familiar with issues on the agenda.
This includes making every effort to consult with the City Manager and ask questions
with enough time for a response to be provided prior to the City Council meeting.
∗ Shall be respectful of other people’s time, stay focused and act efficiently during public
meetings.
∗ Shall not represent publicly that they have authority to take action on behalf of the City in
their capacity as an elected official or that they have authority to take action on behalf of
the City on any matter that has no direct effect on the local affairs of the City and over
which the City has no jurisdiction, including and not limited to the council district they
have been elected to represent. This includes writing or authoring letters of support or
other documents without prior authorization from the Mayor and City Council.
∗ Commit to spending time each year outside of regular City Council meetings to work
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with the City Manager and staff on setting goals and priorities for the City government,
including the District they represent, and by attending the annual council retreat and/or to
work on issues that may be inhibiting the maximal achievement of City goals.
∗ May represent the City at ceremonial functions at the request of the Mayor.
∗ Represent the city on regional appointed bodies (boards, associations, ad hoc committees,
and commissions) as appointed by the Mayor. Ensuring that the voice of the city is
brought forth in all votes and matters addressed in those bodies. The confirmation will be
done publicly at the City Council's first meeting, following the City Council
Reorganization, typically in January every year under "Items from Council" with a roll-
call vote of approval by members. The item will be placed on the agenda by the City
Manager’s office.
∗ Participate in scheduled activities to increase Council effectiveness.
∗ Review Council procedures, such as these Council Protocols, biennially.
∗ Represent their respective districts and bring forth issues of concern that may affect their
district(s) and may have a citywide impact.
∗ Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Councilmember is out of town.
∗ Complete all required training in a timely manner, including State-mandated AB 1234
Ethics Training, Workplace Harassment Training, and Cyber Security training.
∗ File all required Fair Political Practices Commission documentation, including the annual
Statement of Economic Interests and campaign statements in a timely manner with all
entities as required i.e., Successor Agency and Regional Bodies.
CONCURRENT ROLES
Members of the City Council serve as members of other entities operating on behalf of South
San Francisco.
Successor Agency to the Redevelopment Agency
The former Redevelopment Agency was established in 1979 and dissolved on February 1, 2012.
Pursuant to Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s
Community Redevelopment Law (Health and Safety Code sections 330000 et seq.) (“Dissolution
Law”), the members of the City Council serve as the members of the Successor Agency to the
former Redevelopment Agency of the City of South San Francisco (“Successor Agency”).
Dissolution defines the roles and duties of the Successor Agency.
Recreation and Park District
Originally established in 1950 as the Park, Recreation and Parkway District, this entity was
reorganized as the Recreation and Park District in 1961 in conformance with Public Resources
Code Section 5780 et seq. The City Council serves as the board of directors, which may
organize, promote, conduct and advertise programs of community recreation, establish, maintain
and operate recreation centers, parks and parkways, and provide transportation services.
Willow Gardens Parks and Parkways Maintenance District
The City Council is the governing body for the City’s share of the property tax allocated towards
the Willow Gardens Parks and Parkways Maintenance District, and the City Council serves as
the board of directors of this district.
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South San Francisco Public Facilities Financing Authority
The City Council is the governing body of the authority. The authority shall be a public entity
separate from the City and Parking Authority as established in the joint exercise of powers
agreement, which may assist in the financing and refinancing of capital improvement projects of
the members and other activities of the members as permitted.
COUNCIL COMMITTEE ASSIGNMENTS
The Council may organize among its members such standing committees of two members as it
may determine useful, each of which shall act as a fact-finding committee for the purpose of
considering all available information on proposed legislation or matters of policy referred to it
and shall make recommendations to the Council as a whole.
The Mayor shall assign each Councilmember to various standing committees every year.
Members are appointed in January of each year. Participation and attendance at those committee
meetings is important. Continued absences from meetings without good cause may result in
removal from a committee at the discretion of the Mayor, taking into consideration advice from
other committee members.
From time-to-time ad hoc committees may be organized by the Mayor to address special
concerns which may be of short duration. Additionally, each Councilmember may be assigned
by the Mayor as liaison to various boards, committees and commissions, and other public
agencies or quasi-public agencies. It is the prerogative of the Mayor, taking into consideration
relative length of Council service, individual Councilmember preference and equivalency, to
assign individual Councilmembers to various committees.
There should be a yearly rotation in December for city internal committees and ad-hoc bodies in
order for all members of the council to gain knowledge, provide feedback and expertise on city
matters.
The external/regional assignments shall stay the same year over year, unless there is a vacancy
created by termination of term of office, death, or other physical restrictions that do not allow a
member to continue in that role. The consistency of members in each of the regional bodies is
important for the representation of the city and for contextual business knowledge of the topics
of that body.
San Mateo Council of Cities/City Selection Committee
Before each Council of Cities meeting, the Mayor shall consult the City Council on the direction
for the first vote for a position. On the first vote for a position opened and advertised and
subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s
designated representative which can be the (i.e., Mayor or Vice Mayor or the presiding officer
indicated via a formal proxy) must vote in accordance with the City Council’s direction. All
subsequent votes are left to the discretion of the designated representative.
If the Mayor is not able to attend the monthly San Mateo Council of Cities/City Selection
Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy
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by submitting a formal document and submitting, it to the county clerk of the board via the City
Manager’s office. At these meetings, the Mayor, Vice Mayor or the most senior member of
council (determined by election date) will introduce the council delegation attending and
representing the city at these events/meetings.
ROLE IN DISASTER
The City Council has some special, extraordinary powers in the case of a disaster. Some meeting
restrictions and expenditure controls are eased in such extreme situations. In critical situations
the City Council may be directed to assemble in the City’s Emergency Operations Center (EOC),
to provide policy guidance and to receive information.
Refer to South San Francisco Municipal Code Chapter 2.72, which establishes the disaster
Council under state law, and the City’s Emergency Operation Plan.
For the statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code §
8610 et seq. For the statutory provisions on the State Emergency Council’s rules and regulations
governing disaster services workers, see Gov. Code § 8580.
2.72.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans
for the protection of persons and property within this city in the event of an emergency; the
direction of the emergency organization; and the coordination of the emergency functions of this
city with all other public agencies, corporations, organizations and affected private persons.
(Ord. 622 § 1, 1971)
2.72.020 Definition.
As used in this chapter, “emergency” means the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property within this city caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy
shortage, plant or animal infestation or disease or earthquake, or other conditions, including
conditions resulting from war or imminent threat of war, but other than conditions resulting from
a labor controversy, which conditions are or are likely to be beyond the control of the services,
personnel, equipment and facilities of this city, requiring the combined forces of other political
subdivisions to combat. (Ord. 938 § 1, 1983; Ord. 622 § 2, 1971)
2.72.030 Disaster Councilmembership.
The city disaster council is created and shall consist of the following:
(a) The Mayor, who shall be chairman;
(b) The director of emergency services, who shall be vice-chairman;
(c) The assistant director of emergency services;
(d) Such chiefs of emergency services as are provided for in the current emergency
plan of this city, adopted pursuant to this chapter;
(e) Such representatives of civic, business, labor, veterans, professional or other
organizations having an official emergency responsibility, as may be appointed by the
director with the advice and consent of the City Council. (Ord. 622 § 3, 1971)
2.72.040 Disaster council powers and duties.
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It shall be the duty of the city disaster council, and it is empowered, to develop and recommend
for adoption by the City Council, emergency and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are necessary to implement such plans
and agreements. The disaster council or selected representation therefrom shall meet upon call of
the chairman or, in his absence from the city or inability to call such meeting, upon call of the
vice-chairman. (Ord. 622 § 4, 1971)
2.72.050 Director and assistant director of emergency services.
(a) The offices of director of emergency services and assistant director of emergency services
are created. The City Manager shall be the director of emergency services and the fire chief shall
be the assistant director of emergency services.
(b) The order of succession to the office of the director of emergency services shall be the
assistant director and thereafter the police chief. (Ord. 1053 § 6, 1989; Ord. 622 § 5, 1971)
2.72.060 Powers and duties of the director and assistant director of emergency services.
(a) The director is empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a
local emergency if the City Council is in session, or to issue such proclamation if
the City Council is not in session. Whenever a local emergency is proclaimed by
the director, the City Council shall take action to ratify the proclamation within
seven days thereafter or the proclamation shall have no further force or effect;
(2) Request the governor to proclaim a state of emergency when, in the opinion of the
director, the locally available resources are inadequate to cope with the
emergency;
(3) Control and direct the effort of the emergency organization of this city for the
accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of the
emergency organization of this city; and resolve questions of authority and
responsibility that may arise between them;
(5) Represent this city in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein;
(6) In the event of the proclamation of a local emergency as herein provided, the
proclamation of a state of emergency by the Governor or the Director of the State
Office of Emergency Services, or the existence of a state of war emergency, the
director is empowered:
(A) To make and issue rules and regulations, on matters reasonably related to the protection
of life and property as effected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by the City Council,
(B) To obtain vital supplies, equipment and such other properties found lacking and needed
for the protection of life and property and to bind the city for the fair value thereof and, if
required immediately, to commandeer the same for public use,
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(C) To require emergency services of any city officer or employee and, in the event of the
proclamation of a state of emergency in the county in which this city is located or the existence
of a state of war emergency, to command the aid of as many citizens of this community as he
deems necessary in the execution of his duties; such persons shall be entitled to all privileges,
benefits and immunities as are provided by state law for registered disaster service workers,
(D) To requisition necessary personnel or material of any city department or agency, and
(E) To execute all of his ordinary power as City Manager, all of the special powers conferred
upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City
Council, all powers conferred upon him by any statute, by any agreement approved by the City
Council and by any other lawful authority.
(b) The assistant director shall, under the supervision of the director and with the assistance of
emergency service chiefs, develop emergency plans and manage the emergency programs of this
city; and shall have such other powers and duties as may be assigned by the director. (Ord. 1053
§ 7, 1989; Ord. 622 § 6, 1971)
2.72.070 Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them
during an emergency, and all groups, organizations and persons who may by agreement or
operation of law, including persons impressed into service under the provisions of
Section 2.72.060(a)(6)(C), be charged with duties incident to the protection of life and property
in this city during such emergency, shall constitute the emergency organization of the city. (Ord.
622 § 7, 1971)
2.72.080 Emergency plan.
The city disaster council shall be responsible for the development of the city emergency plan,
which plan shall provide for the effective mobilization of all of the resources of this city, both
public and private, to meet any condition constituting a local emergency, state of emergency or
state of war emergency, and shall provide for the organization, powers and duties, services and
staff of the emergency organization. Such a plan shall be in effect as of the date of an approving
resolution by the City Council. (Ord. 622 § 8, 1971)
2.72.090 Relationship with San Mateo Operational Area.
The city of South San Francisco shall be a member of the San Mateo Operational Area
Emergency Services Organization, which serves to coordinate civil defense and disaster plans,
programs and agreements among the political subdivisions in the county of San Mateo and
between the political subdivisions and the Office of Emergency Services of the state of
California. The Mayor or an alternate from the City Council shall be a voting member of the San
Mateo Operational Area Emergency Services Council, which serves as the governing body of the
San Mateo Operational Area Emergency Services Organization. (Ord. 938 § 2, 1983; Ord. 622 §
9, 1971)
2.72.100 Expenditures.
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Any expenditures made in connection with emergency activities, including mutual aid activities,
shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and
property of the city. (Ord. 622 § 10, 1971)
2.72.110 Penalty for violations.
It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by
imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him by virtue of this chapter;
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if
such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil
the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or
protection thereof;
(c) Wear, carry or display, without authority, any means of identification specified by the
emergency agency of the state. (Ord. 622 § 11, 1971)
COUNCIL REORGANIZATION
Newly elected Councilmembers are sworn into office at a special meeting in December
following a regular municipal election on even election years. Newly elected members of a
legislative body who have not yet assumed office must conform to the requirements of the
Brown Act as if already in office. Thus, meetings between incumbents and newly elected
members of a legislative body, such as a meeting between two outgoing members and a member-
elect of a five-member body, could violate the Brown Act (California Government Code Section
54952.1). A reception will be held immediately following the reorganization meeting provided
that there is no other emergent matter occurring at that time or a declared state of emergency.
The City Council shall meet annually to choose one of its members as Mayor and one of its
members as Vice-Mayor. The meeting to determine organization or reorganization of the City
Council (i.e., selection of Mayor and Vice-Mayor) shall be held on or before the Tuesday that
immediately precedes the Wednesday of the first regularly scheduled meeting of the City
Council in December, unless the Mayor and City Council select a different date in discussion
with the City Clerk’s office. In even numbered years in which a regular City Council election
occurs, the reorganization shall follow certification of the election results by the San Mateo
County Office of Elections.
Selection of Mayor and Vice Mayor
Rotation by District:
Members rotated in order of the district number they represent. With the advent of district
elections, it is important to ensure that every district has an equal chance at representation
through the Mayorship.
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In the event of new councilmembers being elected and beginning their term on their district’s
“Mayor year,” it will be required for any new Councilmember to start their first year as
Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor.
The order will temporarily skip that district’s new councilmember to the next in line, until that
new Councilmember is in their third year, where they will have some experience that allows
them to serve more effectively. The order will resume following the temporary displacement.
This will allow for newly elected Councilmembers to gain experience instead of immediately
assuming the Mayor role. A councilmember does not have to be Vice Mayor the year
immediately preceding their Mayoral year.
Order of Rotation per District
2023 District 3
2024 District 4
2025 District 5
2026 District 1
ELECTED SEAT VACANCIES
Government Code Section 36512 governs the filling of City Council, City Treasurer, and City
Clerk elected vacancies for general law cities if the City has not already adopted its own
ordinance governing vacancies pursuant to that section. Per Government Code Section 36512,
the City Council shall, within 60 days from the commencement of the vacancy, either fill the
vacancy by appointment or call a special election to fill the vacancy. The special election shall be
held on the next regularly established election date not less than 114 days from the call of the
special election. A person appointed or elected to fill a vacancy holds office for the unexpired
term of the former incumbent. However, the City may enact an ordinance providing that a person
appointed to fill a vacancy holds office only until the date of a special election which shall
immediately be called to fill the remainder of the term.
COMPENSATION
Each member of the City Council receives a monthly salary as provided for in the South San
Francisco Municipal Code Chapter 2.12, Government Code Section 36516, as amended. Salaries
are payable at the same time and in the same manner as salaries are paid to other officers and
employees of the City.
City Council compensation is governed by state law. Under Government Code section 36516 and
36516.5, Council compensation can only be adjusted by ordinance. Changes only go into effect
when a member of Council begins a new term. Increases can only be 5% per year since the last
adjustment.
Councilmembers are optional members of the Public Employees’ Retirement System and also
receive Social Security coverage during their term of office. They also are provided with various
insurance benefits. (Appendix 4: Summary of benefits) Attendance at pertinent meetings,
conferences or seminars will be reimbursed in the same manner as for city employees.
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The established salaries are exclusive of any amount payable to each member of the Council as
reimbursement for actual and necessary expenses incurred in the performance of official duties
for the City. Appendix 10: City Council’s Reimbursement policy.
TRAINING EXPENSES
Below is guidance on the use of public funds as presented by the Fair Political Practices
Commission (FPPC) online AB 1234 training.
“Public officials deal with many difficult and complex issues. It can be helpful to attend
conferences to learn more about these issues and consult with officials from other jurisdictions
about what they do. There are a number of conferences that offer valuable information to help
local officials better serve their communities.
But what happens if an official says he or she is going to a conference and then the official
misses all or most of the educational sessions? Such a scenario raises both legal and ethical
issues.
The legal issue is that all expenditures of public money must support a public purpose. The
public purpose of sending someone to a conference is for the attendee to acquire new
information and knowledge to help better serve the community. If the official doesn't do this
(and instead uses the trip as a recreational opportunity), the official risks being accused of
using public resources for non-public, personal purposes.
The ethical issue is whether the charge can be made that the official misrepresented his or her
purpose in traveling to the conference location. If the official said it was to attend the conference,
but the official really didn't, then both the official's colleagues and the public's trust in the
official's truthfulness will be diminished.
Use of Public Resources for Political Purposes
The same rules that prevent personal use of public resources also prohibit political use of
public resources. This means public officials may not use agency equipment, supplies or
staff time for political purposes.
"Political purposes" includes activities to promote or defeat candidates for public office; they
also include campaign activities promoting the passage or defeat of ballot measures.
Consequences of Violations
Misuse of public resources for personal or political purposes is punishable by:
• Civil penalties of up to $1,000 a day plus three times the value of the resource used.
• Criminal penalties include a two- to four-year prison term and being disqualified from
holding public office.
• Prosecution for income tax evasion, with associated penalties under federal law.
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• Administrative or civil penalties under the Political Reform Act for failure to report the
value of the misused resources as a campaign contribution if the official is running for
office.
Note too that local officials have also been sued by private parties seeking to force the local
officials to pay back the dollar value of the public resources the private parties believe that the
officials misused.”
EQUIPMENT AND SUPPLIES
The City provides Councilmembers with a computer, cellular telephone, iPad, accessories, and
credit card. The City Council should use city-provided equipment consistent with the City
Council policy for the use of telecommunications equipment. City issued credit cards shall only
be used for city expenses. Councilmembers must submit original or legible digital receipts,
within two weeks of expenditure, to the City Manager’s office with notation as to the nature of
the expense. The City will not reimburse Councilmembers for the cost of attendance at any
political event.
Appendix 5: City Council Policy for use of telecommunication equipment.
QUORUM
A majority of the Council in office constitutes a quorum for the transaction of business, but a
lesser number may adjourn from time to time and may compel by a notice the attendance of
absent members refusing or neglecting to attend meetings under Government Code Section
36813. Disobedience of the notice may be punished at the discretion of the Council by a fine.
The notice may be by any means giving actual notice to appear and may be given by the City
Clerk or any person authorized by the Council.
When there is no quorum either in person or a combination of in person and virtual, the Mayor,
Vice-Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present,
the City Clerk may adjourn a meeting.
SUBPOENAS
The Council has the power and authority to compel the attendance of witnesses, to examine them
under oath and to compel the production of evidence. Subpoenas signed by the Mayor and
attested by the City Clerk may be issued in the name of the City. Disobedience of a subpoena or
the refusal to testify on other than constitutional grounds may be deemed contempt.
CONDUCT OF MEETINGS
The Council should refer to one another formally during Council meetings as Mayor, Vice-
Mayor or Councilmember followed by the individual’s last name. Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and information are legitimate
elements of a free democracy in action. Be respectful of diverse opinions. Councilmembers have
a public stage to show how individuals with disparate points of view can find common ground
and seek a compromise that benefits the community. Councilmembers are role models for
residents, businesspeople, and other stakeholders involved in public debate. At meetings
Councilmembers should agree to sit at the dais, use the microphone and chair assigned to them
and not sit elsewhere during a meeting.
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COUNCIL CONDUCT WITH STAFF
Treat All Staff as Professionals: Clear, honest communication that respects the abilities,
experience, and dignity of everyone is expected. No demeaning or belittling of staff during
public meetings shall occur. If there is a particular incompetency of performance the matter shall
be addressed privately with the City Manager via correspondence or via conversation As with
Council colleagues, practice civility, respect and decorum in all interactions with City staff.
Do not attend any city staff or departmental meetings unless requested by staff. This includes and
is not limited to if the Councilmember does not say anything, the Councilmember’s presence
may imply support, show partiality, intimidate staff, or hamper staff’s ability to do its job
objectively.
Political Support from Staff During Elections: During the time period between the close of the
candidate filing period and the related election, certain guidelines apply.
∗ First, staff shall not, except as provided herein, compile or distill information
electronically or otherwise in response to request for information from a candidate for
elective city office including a sitting elected official.
∗ Second, Councilmembers and other elected city officials may continue to request
information that requires the creation of new documents or distillation of data if the
request for such data is presented to and approved by the Council.
∗ Third, any public information provided to a candidate for an elected city office shall be
provided to all candidates for that office.
In addition, some professionals (e.g., City Manager and the Assistant City Manager) have
professional codes of ethics, which preclude politically partisan activities or activities that give
the appearance of political partisanship.
Responses to a Councilmember’s written request for information shall be distributed to all
Councilmembers. The councilmember should not need to be identified when the
information is shared to all councilmembers.
BROWN ACT
The Brown Act, (Government Code Section 54950 et seq.) authored by Assemblyman Ralph D.
Brown in 1953, focuses on keeping the public business in the public's eye and governs many of
the processes which must be followed with regard to notices, agendas, and the conduct of
meetings. It attempts to strike a balance between public access to the activities of a public body
and the need for candor, debate and information gathering.
With few exceptions, the law provides that all the deliberative processes be open and available
for public scrutiny. It defines meetings broadly as a gathering of a quorum where business is
discussed or transacted. An informal gathering, such as a social event, is not a meeting unless
official business is discussed. Among Councilmembers, a series of telephone calls, emails, texts,
a virtual meeting, a conference call, mass emailing or texting or any other informal session in
which substantive matters are discussed, may constitute a meeting under the Act. A series of
telephone calls, emails or texts, either by one Councilmember to all of the others or one by each
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Councilmember as a link in a chain may be determined to be a meeting if substantive matters are
discussed.
As part of the notice requirements, the Brown Act requires the posting of an agenda, at least
seventy-two (72) hours prior to a regular meeting, containing a brief general description of each
item of business to be transacted. As of January 1, 2019, Assembly Bill 2257 (“AB 2257”)
requires online posting of an agenda for a meeting. No action may be taken on any item not
appearing on the posted agenda. "Action taken" is defined as a vote, collective decision,
commitment or promise by a majority of the body. According to the Attorney General, an item
which is merely discussed, with no decision as to how the matter should be resolved, would not
constitute taking action. Similarly, brief discussions of procedural or preliminary matters which
are not substantive in nature (e.g., instruction to staff to report back, scheduling of meetings and
items) are not prohibited. A standing committee of the City Council is also subject to the Brown
Act notice requirements.
There are several exceptions to the agenda requirement.
♦ First, action may be taken on a matter determined to be an emergency.
♦ Second, if at least two-thirds of the Councilmembers (i.e., effectively four members)
approve, an item may be included on the agenda if the need to take action arose after the
agenda was posted. Or, if less than two-thirds of the Councilmembers are present, a
unanimous vote of those present is needed to include the item that requires immediate
action.
♦ Third, action may be taken on an item which was previously posted in connection with a
meeting which occurred no more than five (5) days prior, provided the prior meeting was
adjourned to the new date.
Under the Brown Act, the Mayor or three members of the City Council may call a Special
meeting by providing twenty-four (24)-hour advance notice to all the Councilmembers and to
all media representatives who have requested notice in writing. The notice may be delivered
personally or by any other means. The notice must state the time, place, and business to be
transacted with an opportunity for the public to address the Council on that item. The notice
must be posted in a public and freely accessible location. No other business may be considered
at a special meeting.
Emergency meetings may be held if there is a work stoppage or other activity which severely
impairs public health, safety or both, and if there is a crippling disaster. Twenty-four (24)-hour
notice and posting is not required in such situations; however, newspapers, radio and television
stations must be notified at least one (1) hour prior to the meeting if telephone service is still
available.
Closed sessions are permitted in a limited number of instances, subject to specific rules and
regulations. Though closed sessions are permitted, they must be included on the regular or
special meeting agenda with a brief description of the matters to be discussed. Specific language
to describe the actions to be discussed is statutorily defined and, when used, ensures compliance
with the Brown Act. (See Government Code Sections 54954.5; 54956 et. seq.; 54957 et. seq.)
Closed session may not occur in an “emergency meeting” unless agreed to by a two-thirds vote
of the Councilmembers present (i.e., four members), or, by a unanimous vote if less than two-
thirds of the Councilmembers are present. (Gov. Code § 54956.5(c)).
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Permitted Closed Sessions
A summary listing of permitted closed session items under the Brown Act include:
1. License applicants with criminal records
2. Real Estate Negotiation
3. Conference with Legal Counsel on Initiation of Existing and Anticipated
Litigation
4. Liability Claims
5. Threats to Public Services or Facilities (public security)
6. Personnel Matters (public employee appointment, termination, discipline, etc.)
7. Labor Negotiations
The Brown Act requires the disclosure of certain items decided in closed session meetings.
Minutes may be taken during closed session, but they are not considered part of the public
record. If there is an approval of agreements concluding real estate negotiations and the City
finalizes the agreement, the report given in open session, during the same meeting, must include
the approval action taken, a voting tally and the substance of the agreement. If the other party
finalizes the agreement, it must include the same information but is given as soon as the other
party informs the City of its approval.
In an approval of a litigation defense, appellate review or amicus curiae participation, the report
must include the approval action, adverse parties (when known), litigation substance and the
voting tally. The approval is reported in open session, during the same meeting. If approval to
initiate or intervene in litigation is granted, the report given in open session during the same
meeting must include the decision to take action and intended action to be taken. After the action
has started and if the disclosure does not jeopardize the City’s legal position the disclosure given
only upon inquiry, must include the approval action, the voting tally, defendant(s) and the
substance of the litigation. If the City’s ability to affect service or to conclude existing settlement
negotiations would be compromised by disclosure, the City does not have to do so until the
conclusion of the matter. When the matter is concluded, the City must disclose, only upon
inquiry, the same as above.
When pending litigation settlements are approved, if the City finalizes a signed settlement offer,
the report given in the open session, during the same meeting, must include the acceptance
action, the voting tally, and the substance of the agreement. If the other party or a court must
finalize the agreement, the disclosure occurs when the settlement is finalized, and includes the
same information.
With a disposition of Joint Powers Agency claims, the report includes a voting tally, the name of
the claimant, the name of the local agency claimed against, the substance of the claim and the
monetary amount approved for payment (if any). The report is made as soon as the disposition is
reached.
For actions affecting the employment status of public employees, twenty-four (24) hours before
the meeting the employee must be informed of the charges, and of the right to hear the charges in
an open session. When a decision is reached in closed session, the report must include action
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taken that affects the employment status, the voting tally and the title of the position. If the
action taken is a dismissal or a nonrenewal of a contract, the report will be deferred until the
employee has an opportunity to exhaust all administrative remedies. Otherwise, the report will
be given in the open session, during the same meeting.
For agreements concluding labor negotiations, the report is required after the agreement is
finalized and ratified. The report must include the item approved, the voting tally, and the other
party.
Violation of the provisions of the Brown Act can result in criminal penalties, the imposition of
civil remedies, and the award of attorney's fees. Attendance at a meeting at which a violation
occurs and action is taken when there is knowledge by the official that a violation is occurring,
can result in misdemeanor liability. The available civil remedies are injunction, mandamus or
declaratory relief, as well as allowing recordings of closed sessions. The remedies are designed
to prevent further or future violations and do not require knowledge or action to be taken. Before
a suit can be initiated, however, the complainant must make a written demand to the City
Council to correct or cure the violation, and the Council must fail to do so.
An action taken by the Council during a time of alleged Brown Act violations is not
automatically null and void. If the actions were in "substantial compliance" with the law, or if
they related to the sale of bonds or the issuance of contracts, those actions would still be valid.
If a violation is found and attorney's fees are awarded, the award is against the city and not
against the individuals who violated the law. If someone brings an action against the city and the
City prevails or the action is determined to be frivolous and without merit, the City may be
awarded its attorney's fees.
For a more detailed discussion of the Brown Act provisions and requirements including relevant
case law, please refer to the publication prepared by the First Amendment Coalition, a copy of
which is available for review in the City Council’s Office. The publication referenced herein is
for information purposes only and does not impose any obligations on the City Council that do
not otherwise exist under California law.
ROSENBERG’S RULES OF ORDER
Rosenberg’s Rules of Order is a simplified set of parliamentary rules widely used in California.
Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood
associations, and private corporations and companies have adopted Rosenberg’s Rules in lieu of
Robert’s Rules because they have found them practical, logical, simple, easy to learn and user
friendly. The rules were developed by Dave Rosenberg, a longtime Superior Court Judge in Yolo
County, based on his decades of experience chairing meetings in state and local government. The
rules have been simplified for smaller governing bodies and slimmed down for the 21st Century,
while retaining the basic tenets of order. https://www.calcities.org/resource/rosenberg's-rules-of-
order-simple-rules-of-parliamentary-procedure-for-the-21st-century
Procedural matters not otherwise covered by either city ordinance, city resolution, state law, or
this handbook, are handled in accord with Rosenberg's Rules of Order. No provision in
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Rosenberg’s Rules is to be construed to supersede any procedure adopted by the City Council or
required by state law.
It is recognized that Rosenberg’s Rules apply to deliberative assemblies, but that the City
Council also functions as a quasi-judicial body. Due process considerations impose certain
procedural requirements and are sometimes different than the provisions of Rosenberg’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 specific rules, such as providing that the chair does
participate in debate. (Section 36803).
Rules adopted to expedite the conduct of business in an orderly fashion are procedural only. The
failure to observe a procedural rule does not affect the jurisdiction of the Council or invalidate
any action taken at a meeting that is otherwise held in conformance with the law.
ABSENCES AND REMOTE ATTENDANCE
Councilmembers are strongly encouraged to attend meetings in person. Whenever a
Councilmember knows in advance that he or she will be absent from a Council meeting, it is the
responsibility of that member to notify the City Manager and City Clerk as soon as possible of
the impending absence.
California Government Code Section 36513 provides that if a Councilmember is absent from all
regular City Council meetings without permission for sixty (60) days consecutively from the last
regular meeting attended, (or seventy (70) days if the Council meets once a month), the seat held
by that Councilmember becomes vacant. The law is silent about the basis for granting or
denying permission to be absent. Such a determination is left to the Council as a whole.
State law allows Councilmembers to attend meetings remotely by following the procedures
outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the
procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For
convenience, these procedures are summarized below and are current as of the date of Handbook
revision. If state law is subsequently amended, the amended terms of State law will apply.
1. Number of Remote Appearances
Remote attendance shall be permitted not more than 3five (5) times a year per legislative
body (for example, five times a year for full Council meetings and five additional times a
year for each Council committee). AB 2449 rules still apply which state that no more
than two meetings may be attended remotely during a calendar year for “just cause,” as
described below.
2. Standard Remote Attendance Procedures
A Councilmember attending remotely using these procedures must ensure that:
a) The meeting agenda identifies the remote attendance location and is posted at that
location in an area that is accessible and visible 24 hours a day for at least 72 hours
prior to a regular meeting and 24 hours prior to a special meeting.
b) The remote attendance location is open and fully accessible to the public, and fully
accessible under the Americans with Disabilities Act, throughout the entire meeting.
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These requirements apply to private residences, hotel rooms, and similar facilities, all
of which must remain fully open and accessible throughout the meeting, without
requiring identification or registration.
c) Members of the public who attend the meeting at the remote attendance location have
the same opportunity to address the Council from the remote location that they would
if they were present in Council Chambers.
d) The remote attendance location must not require an admission fee or any payment for
attendance.
e) If the meeting includes a closed session, the Councilmember must ensure that there is
a private location available for that portion of the meeting. A private location means a
closed room such that no other person can hear any portion of the closed session.
f) All votes must be by roll call.
g) At least a quorum of the City Council must attend the meeting from locations within
the City, but they are not required to be at the same location.
If the Councilmember intends to follow the procedures of Standard Remote Attendance but
determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting remotely using Standard Remote Attendance procedures.
3. Standard Remote Attendance Guidelines
a) Five days written notice in advance of the publication of the agenda must be given by the
Councilmember to the City Clerk’s office about their intent to participate remotely; the
notice must include the address at which the remote attendance will occur, and the
address the Council packet should be mailed to if a hard copy is requested.
b) The Councilmember is responsible for posting the Council agenda in the remote location,
or having the agenda posted by somebody at the location and confirming that posting has
occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the
agenda to whatever address or fax number the Councilmember requests; however, it is
the Councilmember’s responsibility to ensure that the agenda arrives and is posted. If the
Councilmember needs the assistance of the City Clerk in delivery of the agenda, the fax
number or address must be included in the five-day advance written notice above.
c) The Councilmember must ensure that the location will be publicly accessible while the
meeting is in progress.
d) The Councilmember must state at the beginning of the Council meeting that the posting
requirement was met at the location and that the location is publicly accessible and must
describe the location.
4. AB 2449 Remote Attendance Procedures
In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote
participation in certain narrow circumstances (listed below) without publishing the remote
location on the meeting agenda and without providing public access from the remote location.
Where the requirements of AB 2449 are met, a Councilmember is not required to follow the
procedures described in Section 2.3(b)(3)(A)-(E), above.
A Councilmember may use AB 2449 if the Councilmember has either “just cause” or
“emergency circumstances” that require remote participation, as defined by AB 2449.
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A. Just cause.
I. “Just cause” is defined as:
(a) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner that requires remote attendance.
(b) a contagious illness that prevents in-person attendance.
(c) a need related to a physical or mental disability which cannot be resolved by a request
for reasonable accommodation, or
(d) travel while on the business of a state or local agency.
II. Notice. A Councilmember with “just cause” to attend remotely must notify the Council or
Council committee and the City Clerk at the earliest possible opportunity, including at the start
of the meeting, of their need to participate remotely.
B. Emergency Circumstances.
“Emergency circumstances” is defined as a physical or family medical emergency that prevents a
Councilmember from attending the Council meeting in person.
(a) Notification and acceptance.
a. A Councilmember attending remotely due to “emergency circumstances” must
notify the Council or Council committee and the City Clerk at the earliest possible
opportunity.
b. The Council or Council committee must request a general description of the
circumstances relating to the Councilmembers’ need to appear remotely. The
description does not need to be more than 20 words, and the Councilmember does
not have to disclose any personal medical information.
c. At the earliest opportunity available to it, the Council or Council committee must,
by a majority vote of its members, take action on the request to approve or
disapprove it. If the request does not allow sufficient time to place it on the
agenda for the meeting for which the request is made, the legislative body must
take action on the request at the beginning of the meeting by majority vote.
C. Disclosures.
Under both Just Cause and Emergency Circumstances, Councilmembers attending
remotely must publicly disclose at the meeting before any action is taken whether any
other individuals 18 years of age or older are present in the room at the remote location
with the member and the general nature of the member’s relationship with the individual.
D. Technology.
Councilmembers attending remotely shall participate using both audio and visual
technology. The technology must provide a two-way electronic platform to allow
members of the public to hear, observe, and participate remotely in the meeting.
E. Quorum.
At least a quorum of the Council must participate in person from a singular physical
location clearly identified on the agenda, which location shall be open to the public and
situated within the boundaries of the City.
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If the Councilmember intending to follow the procedures of AB 2449 Remote Attendance
determines that any or all of these requirements cannot be met, they shall not participate in the
meeting remotely using AB 2449 Remote Attendance procedures.
LEGISLATIVE ACTIONS
Several different types of action may be taken by the Mayor and/or the City Council.
Proclamations
Proclamations are issued by the Mayor without formal action by the Council to be presented at
an appropriate function. Proclamations are public announcements directing attention to a person,
an organization or event, or bringing awareness or commemorating a holiday or cause of historic
significance. They can also be issued to individuals such as Citizen of the Year, a retiring
employee, or International Year of the Child. Proclamations will be issued to Board and
Commissioner members who have served the authorized maximum number of terms to
acknowledge their contributions to the City of South San Francisco. Proclamations may be
requested by any member of the Council. They will be presented are regular council meetings
and the Mayor may designate a councilmember to read the proclamation into the record. All
members of the City Council should make every effort to sign the proclamation prior to the start
of the council meeting in which it will be presented unless unforeseen circumstances prevent
them from doing so.
Commendations/Certificates of Recognition
Commendations/Certificates of Recognition are acknowledgements of the activities of a person
or organization, issued by the Mayor or by all Councilmembers without formal action being
taken. Commendations/Certificates of Recognition typically acknowledge exceptional endeavors
or are given to departing Board and Commission members and/or Councilmembers and are
presented at an appropriate function or Council meeting. Councilmembers may request a
certificate of recognition for a particular cause, organization or person or event happening in
their respective districts.
Ordinances
Legislative acts of the City Council are known as ordinances. Ordinances may be general or
special, depending upon their effect. Those which relate to the health, safety, and welfare of the
community and are intended for long-term application throughout the city are known as general
ordinances. Special ordinances are those with limited application. General ordinances are
codified in the South San Francisco Municipal Code. Subject to certain state law exceptions,
most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent
meeting.
An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance,
(2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to
impose regulations on persons or property which impose a penalty by fine, imprisonment or
forfeiture for the violation.
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Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to
the Council when ordered by a majority vote of the Council, or when requested by the Mayor or
the City Manager, or when prepared on the City Attorney's own initiative.
Resolutions
Resolutions are Council actions which become effective upon adoption and encompass the
business not addressed through ordinances. They are typically used to handle routine business
and administrative matters requiring some type of formal memorialization. Resolutions are used
for various reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another agency, or where the frequency of future
reference back to its contents warrants a separate document to facilitate reference and research.
Motions
The least formal of Council actions, motions, typically are used for procedural matters (such as
to continue items) or for administrative matters (such as to accept reports). An adopted motion is
as legally effective and binding as an adopted resolution but generally is recorded simply as an
item entry in the minutes.
Minute Orders
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. The minute orders shall be delivered by
the City Manager’s office via electronic form to all residents and posted outside of city hall. The
City Manager will consult with the City Clerk and Communications director to ensure
consistency and factual information and votes/motions from the meeting are recorded and
publicly shared.
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.
VOTING
Votes are taken by voice or roll call and entered in full upon the record. Votes are by roll call
unless a request for a voice vote is made by any member, or the motion requires more than a
majority. During the roll call, it is not in order for any member to explain a vote.
Silence constitues an abstention vote. Councilmembers who are silent during voting shall have
their vote recorded as abstaining. Abstention votes on a motion will not be counted. When a
Councilmember recuses themselves to comply with the Political Reform Act and Fair Political
Practices Commission regulations and they leave a meeting, they will be counted as absent.
When a Councilmember recuses themselves for other reasons where they are not legally required
to do so, their recusal will be treated as an abstention. In which case, a stated reason as to the
recusal should be provided. Consistent with Rosenberg’s Rules, the present and voting rule will
be used for abstentions.
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It is the responsibility of every Councilmember to vote unless disqualified. When someone
chooses not to vote, the person in effect "consents" that a majority of the Councilmembers
present may act for him or her.
A Councilmember may change a vote or withdraw an abstention and vote if a timely request to
do so is made immediately following the announcement of the vote and before the next item in
the order of business is taken up.
Except for quasi-judicial matters, at the next regular meeting after a vote, a Councilmember may
request that an item be agendized at a subsequent meeting for reconsideration.
• If a majority of the Council votes affirmatively to reconsider the item, it will be
scheduled for a future meeting.
• Any Councilmember may change their vote as part of the reconsideration.
Disqualification and recusal of a vote. A Councilmember disqualified because of any financial
interest or other interest proscribed by law, may not participate in the discussion or the vote.
Tie Votes. Tie votes are lost motions. Tie votes may be reconsidered on motion by any member
of the Council voting aye or nay during the original vote. Before a motion is made on the next
item on the agenda, any member of the Council may make a motion to continue the matter with
another date. Any such continuance suspends the running of any time in which action of the City
Council is required by law. Any Councilmember may place on an agenda for a subsequent
meeting a matter which resulted in a tie vote.
When less than all Councilmembers are present and a matter under discussion remains
unresolved as the result of a tie vote on all motions made on such matter, the matter is
automatically continued to the next Council meeting.
Voting requirements for specific actions. Certain actions require a minimum number of
affirmative votes for approval. These include:
1. Approval of a general plan or specific plan amendment – 3 Affirmative Votes
2. Approval of a Resolution of Necessity – 4 Affirmative Votes
3. Approval of an ordinance or expenditure of funds – 3 Affirmative Votes
4. Approval of an urgency ordinance – 4 Affirmative Votes
5. Approval of a general tax – 4 Affirmative Votes plus Majority Voter Approval
6. Approval of a new member of council either by appointment or the call of a special
election to elect a new member. – 3 Affirmative Votes
BASIC PROCEDURES - MAIN MOTIONS
In conjunction with the agenda for a Council meeting, business is brought before the City
Council by the motion of a member. A motion may itself bring a subject to the City Council's
attention or it may follow the presentation of a report or other communication. A motion is a
formal proposal that the City Council take certain action.
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The proposed action may be of a substantive nature, or it may consist in expressing a certain
view, or directing a specific investigation and report back, or the like. The basic form of motion,
the form which brings business forward, is known as a "main motion". The main motion sets a
pattern from which all other motions are derived.
The steps by which a motion is normally processed are:
(1) a member makes (or moves or offers) a motion,
(2) another member seconds the motion and
(3) the chair states the motion.
After a main motion is made and before the question is stated by the chair, any member can
informally suggest one or more modifications in the motion, which the member can accept or
reject. Once stated, the motion is pending and open for discussion/debate. The chair then puts
the matter to a vote and announces the result. If the Council decides to do what a motion
proposes, it adopts the motion; if the decision is against what the motion proposes, the motion is
rejected.
Effective January 1, 2014, California Senate Bill 751 amended the Brown Act to require that all
legislative bodies “publicly report” any “action taken” and the vote or abstention on that action
of each member present for the action. “Action taken” is defined in the Brown Act as a collective
decision made by a majority of the members of a legislative body upon a motion, proposal,
resolution, order or ordinance. The Brown Act previously required legislative bodies to report
certain actions taken in closed session. Now, those reporting requirements will extend to actions
taken by legislative bodies in open session.
REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS
To ensure all Councilmember views are represented, council agendas contain sections titled
"Council Comments/ Requests" and “Items from Council – Committee Reports and
Announcements”. This portion of the meeting allows any Councilmember to request an agenda
item for a future meeting and allows the City Council to have a short discussion on the request
(but not on the substance of the item).
Any request must include an explanation of the issue and the goal of the proposed Council
discussion. If there is no dissenting or opposing articulated action from a majority of the
Councilmembers when the support for the request at that time is made, then the item shall be
placed on a future agenda. Upon support for the request, the Councilmember may suggest and
provide direction to the City Manager and staff on information that is desired to be presented and
when the item is placed on a future agenda.
Requests by Councilmembers to have items included on the agenda should be made to the City
Manager. Any Councilmember may request the City Manager, or the City Attorney prepare a
proposed ordinance. Any Councilmember may request a written legal opinion from the City
Attorney directly or may make the request through the City Manager.
All proposed ordinances or written legal opinions will be distributed to all members of the
Council so that all Councilmembers may be fully informed of city matters. A Councilmember
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with a conflict of interest on a particular issue shall not be provided with a copy of the opinion
or ordinance.
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.
Seating in Council Chambers
The Mayor sits in the middle seat at all formal in-person Council meetings. The Vice Mayor is
seated immediately on the right side next to the Mayor. The former Mayor, if still in office, will
sit on the left of the Mayor, if not the assignment will be left at the will of the current Mayor.
The other Councilmembers will join in as per the will of the current Mayor. The new Mayor
shall exercise the right to assign the seats of the two Councilmembers accordingly.
Regular Meetings
Regular meetings are held on the second and fourth Wednesdays of each month at 6:30 p.m. in
the Council Chambers of the Library | Parks and Recreation Center, 901 Civic Campus Way,
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
and posted online. Whenever any regular meeting falls on a public holiday, the regular meeting
is held on the following business day. The Successor Agency meets the second Wednesday of
each month, in the same location, starting at 6:30 p.m.
Special Meetings
A special meeting may be called at any time by the presiding officer or by a majority of the
Councilmembers, by providing written notice twenty-four (24) hours in advance to each member
of the Council electronically or any other means that ensures receipt, and to each local
newspaper of general circulation, radio, and television station requesting notice in writing.
Written notice may be dispensed with for any member who at or prior to the time the meeting
commences files a written waiver of notice or for any member who is actually present at the time
the meeting convenes. Notice of the meeting must be posted at least twenty-four (24) hours prior
to the special meeting in a location freely accessible to members of the public. Only business
described in the notice may be transacted and the notice requirements apply even if the entire
meeting is a closed session.
Emergency Meetings
An emergency meeting dealing with matters upon which prompt action is necessary due to the
disruption or threatened disruption of public facilities may be held without complying with either
the twenty-four (24) hour notice or posting requirements. However, the presiding officer must
inform any newspaper and radio or television station who requested notice of special meetings
one (1) hour prior to the emergency meeting, if possible. After the meeting, the Council must
post the minutes, the people notified of the meeting, the roll call vote and any action taken. This
information must be posted in a public place for ten (10) days.
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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 visibly posted on or near the door
of the place where the meeting was held within twenty-four (24) hours after the time of the
adjournment. When an order of adjournment of any meeting fails to state the hour at which the
adjourned meeting is to be held, the meeting is held at the usual hour specified for regular
meetings. No adjournment may be for a longer period than the next regularly scheduled meeting.
Continued Items
When a meeting is adjourned or an item is continued to another date, generally the continued
item will be placed first on that portion of the agenda at that meeting; however, where deemed
necessary, the City Clerk, with the concurrence of the City Manager and Mayor, may place a
continued item in a different order on the agenda.
Any matter may be continued to a subsequent meeting. When a Councilmember is absent from
an earlier meeting at which a matter is discussed and that matter is continued, it is the duty of
that member to become acquainted with the issues discussed by reviewing relevant documents,
reading any available minutes and, meeting with the City Manager to get updated and if possible,
listening to, viewing the recording and reading the minutes of the meeting.
Any item or hearing may be continued to any subsequent meeting in accordance 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.
Closed Sessions
Closed sessions, sometimes called executive sessions, are duly held meetings or portions of
meetings, which are not open to the public and news media. Closed sessions must be held in
accordance with the provisions of the Brown Act. Matters discussed in closed session are
considered confidential. The Council may vote to sanction or fine any Councilmember, the City
Manager, City Attorney, department head who, without authorization, discloses the substance of
any discussion which took place during a closed session.
Additionally, attendance at a closed session should be limited to those actually necessary to
advise or take direction from the Council. This may include the City Attorney, senior
management staff, experts, negotiators, consultants, and legal staff. Third parties not serving as
agents of the City cannot attend, with the exception of witnesses in the event of a closed session
to hear charges or complaints under Government Code Section 54957.
Study Sessions
Study sessions or work sessions, if needed, are generally held in the Council Chambers and 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
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the public and are meetings for the purposes of the Brown Act, but such sessions are not intended
to constitute regular meetings. Usually, at such sessions, no motions are to be offered and no
formal action is to be taken. The primary purpose of such sessions is to provide background
information to members of the Council. Public comments at study sessions are limited to the
subject of the study session and will be received during the public comments section of the study
session. No Council comments, special recognitions or committee reports shall occur at study
sessions.
Meeting Cancellation
Any meeting of the Council may be cancelled in advance by a majority of the Council. The City
Manager may cancel a meeting in the case of an emergency or when a majority of members have
provided notice of their unavailability to attend a meeting.
AGENDA ORDER
The City Manager, with prior approval of the Mayor, is authorized to make changes to the
agenda of the Council, and the City Clerk shall prepare and publish the agenda. In an effort to
highlight an agenda item, or to address the growing interest of a particular agenda item, the City
Council, may direct the City Manager to review and change the agenda and may take matters up
out of order, any member may bring this up and a vote will be taken if there is a dissent from any
of the members present.
The Order of items for Regular meetings shall be as follows:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Agenda Review
5. Announcements from staff
6. Presentations
7. Council Comments/Requests
8. Public Comments
9. Consent Calendar
10. Public Hearing
11. Administrative Business
12. Items from Council – Committee Reports and Announcements
13. Closed Session
14. Adjournment
The Order of items for Special meetings shall be as follows:
1. Call to Order
2. Roll Call
3. Agenda Review
4. Public Comments – Comments are limited to items on the Special Meeting agenda.
5. Consent Calendar
6. Public Hearing
7. Administrative Business
8. Closed Session
9. Adjournment
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Call to Order and Roll Call
The presiding officer takes the chair at the hour appointed for the meeting and calls the Council
to order. Before proceeding with the business of the Council, at the request of the presiding
officer, the City Clerk or designee calls the roll. In the absence of the Mayor and the Vice-
Mayor, the City Clerk or designee calls the Council to order, whereupon a temporary presiding
officer is elected by a majority of the Councilmembers present. Upon the arrival of the Mayor or
the Vice-Mayor, the temporary presiding officer relinquishes the chair at the conclusion of the
business then before the Council.
Order of Business
For a regular or special meeting, the City Council will take up its business for consideration and
disposition in the order prescribed as follows; however, the City Council, may direct the City
Manager to review and change the agenda and may take matters up out of order; any member
may bring this up and a vote will be taken if there is a dissent from any of the members present.
Items may be placed on the Consent Calendar by the City Manager when such items are
expected to be routinely approved without discussion or debate. The Consent Calendar shall be
voted upon as one item, provided, however, that Councilmembers may request that an individual
item be removed from the Consent Calendar, in which case the item shall be considered after the
vote on the remainder of the Consent Calendar. Any item pulled from the consent agenda may be
up for discussion and a brief staff explanation will be provided to provide context or answer the
question or reason the item was pulled/removed from the consent calendar. Members of the
public will only have one opportunity to address the council on ALL items on the consent
calendar; there will not be separate time allotted for each individual item on the consent calendar,
if more than one item is commented by a member of the public.
Appendix 2: Sample guide to conducting Council meetings.
Presentations
The total amount of time for all presentations shall not exceed fifteen minutes per meeting
unless otherwise approved by the Council. This includes presentations from staff, community
members or a group, or by a councilmember.
It should be the aim that the total amount of time for all presentations shall not exceed fifteen
minutes per meeting. The council may motion to vote to move presentations to future meetings
or to the end of the meeting after fifteen minutes have passed.
Council Discussions
To assist the City Council in the development of a structure for orderly discussion of items, rules
have been prepared which represent accepted practices for the management of City Council
meetings.
1. Obtaining the floor. A member of the City Council or staff shall first address the Mayor
to gain recognition. Comments and questions should be limited to the issue before the
Council. Cross-exchange between Councilmembers and public should be avoided.
2. Questions to Staff. A Councilmember shall, after recognition by the Mayor, address
questions to the Department Director or designated staff member. If a Councilmember
has questions on an agenda item, that member should make every reasonable effort to
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express and share those questions to the City Manager and with their knowledge, contact
staff prior to the meeting in order to allow staff time to research a response/answer for the
meeting. If staff answers a written question from a Councilmember about an item on the
agenda via written form, that response should be copied to all other Councilmembers.
3. Interruptions. Once a Councilmember has the floor, other Councilmembers may not
interrupt except to make a point of order or point of personal privilege. The public may
not interrupt or interfere with a councilmember’s comments.
4. Discussion Limit. A Councilmember should not speak more than once on a particular
subject until every other Councilmember has had the opportunity to speak, unless that
item is of high concern to the district that councilmember represents.
5. Tabling Procedure Tabling an item immediately stops discussion and causes a motion
and a vote to postpone a matter indefinitely or to a time and date certain. This requires the
majority vote of Councilmembers.
6. Right of protest. A Councilmember is not required to state reasons for a dissenting vote.
7. Calling for the question. The purpose of calling for the question is to disallow further
debate and put an issue to an immediate vote. A Councilmember may move to “call for
the question” on an item which is being considered. The motion requires a second, is not
debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer
debatable, and no further action or public comment may be taken, and the City Council
must vote on it.
Introduction of Items After 11:00 PM
The City Council makes every effort to end its meetings before 11:00 p.m. The Council also will
not take up new matters after 11:00 p.m. The meeting shall continue only on the matter being
discussed and the remaining items on the agenda shall be carried over unless the Council votes.
The Mayor may ask the City Manager to identify any time-sensitive matters needed to be
addressed by the council and shall prioritize those items over any others than warranting a
lengthier or more substantive discussion.
The City Council will endeavor to conclude its remaining business that evening in an expeditious
manner by continuing all other items of anything other than a routine nature.
PUBLIC HEARINGS
By their nature, all hearings (except personnel matters) are public. The Council has the
prerogative of conducting a public hearing on any item on its agenda, whether or not the matter
has had formal notice as a public hearing. Certain matters are formally noticed in advance as
public hearings, pursuant to various provisions of state law. Unless otherwise specifically
required by federal, state or local law, all public hearing dates and times are set administratively.
Public hearings tend to be of two types: legislative or quasi-judicial.
• Legislative hearings generally result in the adoption of policy or regulation.
• Quasi-judicial hearings are those in which the Council applies existing laws (State
and/or local) to a particular project or action. For example, an application for a variance
or conditional use permit would involve a quasi-judicial hearing. Quasi-judicial hearings
are also occasionally referred to as an adjudicatory hearing. In a quasi-judicial hearing,
the Council will often make findings based on the facts presented to the Council.
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Formally noticed public hearings generally are conducted in the following format:
a) Public Hearing opened by presiding.
b) Staff presentation.
c) Questions to staff by Council.
d) Comments from the public.
e) Public Hearing closed by presiding officer.
f) Questions by Council.
g) Discussion by Council.
h) Action by Council.
The presiding officer conducts the hearing in such a manner as to provide for freedom of speech
and expression of opinion, subject to the limits of courtesy and respect of others. Comments and
questions from the public are limited to the subject under consideration. Depending upon the
extent of the agenda and the number of persons desiring to speak on an issue, the presiding
officer may limit a speaker's time, this should also take into account number of members of the
public also joining in virtually and speaking remotely. Any person speaking may be questioned
by members of the City Council.
In those instances where there is a specific applicant for a matter which is the subject of a public
hearing, the applicant is entitled to make a presentation at the commencement of the public
hearing, and also is entitled to make any concluding remarks just prior to closure of the public
hearing.
Councilmembers should not speak on an issue until the public hearing has been closed and
public comment has been received or read. Once a hearing is closed, it is inappropriate for the
public to speak except to answer an inquiry of a Councilmember, as addressed through the chair.
When the Council conducts a quasi-judicial hearing, particularly when it is hearing an appeal of
a decision by a Board or Commission, on a case-by-case basis the City Attorney determines if
alternate hearing procedures are necessary and advises the City Council accordingly.
All persons interested in the matter which is the subject of a hearing are entitled to submit
written or photographic evidence relevant to the issue for consideration by the Council, in
addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council
feels that the 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 the discretion to accept or to
reject new documentation furnished on the night of the Council meeting.
Advocates of a matter before the City Council who furnish documentation on the night of the
Council meeting are expected to furnish sufficient copies for the City Council, City Clerk, and
City Manager. Failure to do so will cause the Council to reject consideration of such information
or cause the item to be continued.
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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 during the meeting on the record prior
to the opening of the hearing at the Council meeting.
PUBLIC PARTICIPATION
It is acknowledged that individuals may wish to address the Council under “Public Comments”
for the purpose of obtaining general information or receiving responses to specific questions.
State law prevents Council from responding to public comments or acting on matters not on the
agenda. In general, the Mayor shall ascertain whether the Council or staff is able to provide the
requested information immediately. If this is not possible because the information is not readily
available, the matter may be referred to staff for a written response. Unless the matter raises
issues of an extraordinary nature, it is expected that a response will be presented to the Council at
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.
Public Comments
Members of the public will be afforded the opportunity to speak on all items under the subject
matter jurisdiction of the City Council that do not otherwise appear on the agenda or Consent
Calendar items. Individuals speaking under “Public Comments” generally are limited to three (3)
minutes. If there appears to be a large number of speakers, the Mayor may reduce individual
speaking time and/or limit the total amount of time for public comments (Gov. Code sec.
54954.3.(b)(1).). Speakers may not assign unused time to other speakers.
The Mayor may grant organized groups (in lieu of individual speakers) –10 minutes for a group
presentation.
In compliance with Assembly Bill 1787 (“AB 1787”), which requires local agencies to provide
at least twice the allotted time for public comment to speakers who require translation services.
When a member of the public is addressing the Council or one of its Committees, and when time
limits have been placed on public comments, the Mayor or Vice-Mayor, shall allow persons
requesting interpretation assistance, by another individual, to testify for twice the amount of the
time limit, thereby providing uniform time for the speaker’s testimony, as well as the time
necessary for the interpretation of the testimony for the benefit of the Council and the public.
In instances where there is a technical or audio issue, the clock will be reset to allow for total
time without interruption.
The public should not ask direct questions to city staff, City Manager, City Attorney or other
non-elected or appointed members of the council but should address their comment to the City
Council only. Staff may be provided the opportunity to present a summary of each staff report
and will be available to answer questions of Councilmembers and not questions from a member
of the public or group of persons.
During special or study session meetings, the public may address the City Council only on
matters listed for discussion on the agenda.
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Due to the number of items on the agenda and the length of City Council meetings, and to ensure
equal treatment of all speakers, the following time limits have been set:
The Mayor has the authority to modify the time limits set forth above based on the size of the agenda and the
number of speakers.
Agenda Section
Time Limits
Public Communication – Public Comments
A maximum of 3 minutes for each person whether
an individual or group spokesperson. Total time of
30 min.
Total time allocated at the beginning of the meeting
– 30 minutes
Additional time for public comment may be
allocated at the end of the meeting, at the discretion
of the Mayor
Time may be modified by the Mayor in some
circumstances
Public Hearing – Order of Presentations Time Limits
Staff presentation As needed
Appellants (when not applicants) 15 minutes
Applicants 15 minutes
Organized presentations (group spokesperson) 10 minutes
Individual speakers 3 minutes
Rebuttal by applicant 5 minutes
Rebuttal by appellant 5 minutes
A final warning by the Mayor will be issued when the decided public comment time limit has
been reached. The public commenter will have ten seconds to wrap up their testimony. To be
fair, public comments that go beyond ten seconds past the decided time limit will be cut off by
the City Clerk or designee. All members who are cut off will be informed that they are able to
submit the remainder of their public comment through email to the City Council via the City
Clerk.
For virtual meetings, if remote public comments are allowed, members of the public will have
the ability to participate remotely and give public comments through Zoom or another two-way
teleconference platform.
For meetings at which public comment may be provided via Zoom or another two-way
teleconference platform, the City Clerk, or designee, will first call on the members of the public
at the in-person meeting location. Following the conclusion of those comments, members of the
public participating remotely who have expressed interest in providing public comment by
raising a “virtual hand”, will be allowed to speak. Members of the public who provide comments
virtually shall be given the same amount of time as members of the public who attend a meeting
in-person. Members of the public are not required to identify themselves but as a courtesy to the
council, could if they wanted to identify themselves and their place of residence.
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Speaker Cards and Other Protocol
If a member of the public wishes to address the City Council and they are attending the meeting
in person, they will be asked to complete a digital speaker card for the record, which includes the
speaker's name, address and other contact information, and the number of the agenda item. The
completion of a public comment card is not necessary to address the City Council but will aid the
City Clerk in maintaining an accurate record. The digital speaker card will be made available via
an electronic kiosk at the meeting location. Those attending the meeting virtually will not be
required to fill out a speaker’s card but will make every effort to signal their interest in speaking
or providing comment by raising their “virtual hand”.
To ensure accuracy of the record, members of the public addressing City Council should speak in
an audible tone of voice into the microphone. For those members of the public addressing the
council virtually, they should be aware of when the clerk of its designee unmutes them and
allows them to start their comments.
All remarks should be addressed to the Council as a body and not to any individual member.
Time limits may be imposed upon speakers. No person, other than the Councilmembers and the
person having the floor, should be permitted to enter into any discussion, either directly or
through a member of the Council, without the permission of the presiding officer. No question is
to be asked of a Councilmember or any city staff member or consultant.
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.
Addressing the Council during Council Deliberations
Council deliberations are defined as the time when the City Council has heard staff or consultant
presentation, has allowed time for public comment and has then proceeded to discuss and
deliberate the item amongst themselves prior to a motion or vote. No person may address the
City Council following the time for public testimony and during City Council deliberations, this
includes during or after a presentation, unless a majority of the City Council agrees or in answer
to a specific question directed to the individual by a member of the City Council.
Failure to Speak
Any failure of a member of the public to request to speak on an item, or any failure by the City
Council to afford an opportunity to speak on an item, shall not affect the City Council's right to
act on that item or the validity of any action subsequently taken by the City Council.
Councilmember Participation
Every Councilmember desiring to speak addresses the chair, and upon recognition by the
presiding officer, may speak on the matter before the Council. A member, once recognized,
shall not be interrupted when speaking unless it is to call the person to order. If a member, while
speaking, is called to order, the member shall cease speaking until the question of order has been
determined, and, if in order, the member shall be permitted to proceed. Questions of staff should
be directed through the chair.
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Decorum
The City of South San Francisco strongly denounces hate speech and does not tolerate disruptive
behavior in meetings. The City of South San Francisco prides itself on the rich diversity of its
residents. The City Council is committed to creating a culture of belonging where members of
the community feel included, safe and respected. Members of the public are asked to refrain
from making disrespectful and hateful comments.
While the Council is in session, the Councilmembers must preserve order and decorum, and no
Councilmember should, by conversation or otherwise, delay or interrupt the proceedings or the
peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders
of the Council or other presiding officer. Unless that Councilmember is calling a point of order
on the speaking councilmember.
To assist the City Council in working with a wide variety of backgrounds, personalities, opinion,
values, and goals, additional protocols are outlined below:
1. Use Formal Titles. Councilmembers should refer to one another formally during public
meetings as “Mayor,” “Vice Mayor,” or “Councilmember,” followed by the individual’s
last name.
2. Technology. All Brown Act rules should be followed regarding technology devices.
However, it is understood that during hybrid meetings Councilmembers may utilize their
devices to aid them in the meeting.
3. Practice civility, respect and decorum in discussions and debates.
4. Honor the role of the Mayor in maintaining order.
5. Do not demean, embarrass or speak down to city staff or senior management members.
The United States Constitution and California Constitution protect individuals’ rights to free
speech and expression. Accordingly, the city can only remove an individual if they are disrupting
a meeting. Courts have struck down rules of decorum that allow for removal of a speaker for
personal attacks, slanderous speech, or insolent behavior when such conduct did not actually
disturb the meeting. Courts hold that a “disruption” means something more than a bare violation
of a rule of decorum. For example, an expressive sign or the use of profanity, by themselves, do
not warrant removal from a meeting. The conduct must cause the meeting to be disrupted or
impede the city from conducting its business. Courts often measure whether something is a
disruption by its effect on the audience, and not by its effect on members of the legislative body.
Warnings. The Mayor shall ask that any person violating the rules of decorum be orderly and
silent. The warning shall be in substantially the form described below. If, after receiving a clear
verbal warning from the Mayor, the person persists in disturbing the meeting, the Mayor may
order a brief recess of the City Council to regain order. If the person persists in disturbing the
meeting, despite having been previously warned, the Mayor may order them to leave the City
Council meeting. If the person does not depart the City Council Chamber on their own volition,
the Mayor may order any law enforcement officer who is on duty at the meeting as Sergeant-at-
Arms of the City Council to escort that person from the City Council Chamber.
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If a member of the public causing a disturbance is attending virtually, the City Clerk or designee
will remove the individual from the virtual meeting and/or mute them.
The Mayor shall deliver the requisite warning in substantially the following form. If the member
is attending virtually this will also be provided in written form via virtual mode for the individual
to read clearly. It will state as follows:
You are hereby advised that your conduct is in violation of the Rules of Order and Decorum
of the City Council and California Penal Code Section 403, and you are directed to be
orderly and silent.
Penal Code Section 403 states that any person who, without authority of law, willfully
disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a
misdemeanor.
Continued disruption of this City Council meeting will result in your removal from the
meeting by the Sergeant-at-Arms and you will not be permitted to return to the City Council
Chamber for the duration of the meeting. In addition, any continued disruption of this
meeting is grounds for your being arrested and charged with a misdemeanor. Do you
understand this admonition?
Misdemeanor. Any person who willfully disturbs or breaks up a City Council meeting may be
arrested and charged with a misdemeanor, pursuant to California Penal Code Section 403.
For members of the public, city staff or others attending a meeting in person: Cellular telephones
or any other telecommunications or two-way communication device should be in silent mode or
turned off during the entirety of the City Council meeting.
Literature distribution or petition circulation is not permitted in the Council Chambers when the
Council is in session or during council meeting recess. When such activity is conducted in a
place where it is legally allowed, it may not be done in a manner that blocks Councilmembers,
the public or city staff or city employees from accessing a Council meeting.
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 from an in-person meeting. The Chief of police or the representative of
the Chie of police has the additional right to place the person under arrest or both.
As set forth in Government Code Section 54957.9, in the event any meeting is willfully
interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible,
and order cannot be restored by the removal of individuals who are willfully interrupting the
meeting, the presiding officer may order the meeting room cleared in-person and virtually and
continue in session.
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Smoking Prohibited
It is unlawful for any person to smoke in any room in which a Council meeting open to the
public is being held. This includes areas where there will be closed session or utilized during
council meeting recess.
MEETINGS – VIDEO STREAMED AND BROADCAST
All Regular City Council meetings held in the City Council Chamber or via virtual platforms are
broadcast live and rebroadcast on the City’s government access channel, web-streamed on the
City’s web site, and digitally archived.
The recordings of the City Council meetings are not the official record of those meetings. The
minutes are the only official record.
MINUTES
The City Clerk shall ensure the preparation of the minutes of each City Council meeting, and
these minutes will comprise the official record of the actions of the City Council. City Council
minutes are action minutes, wherein little narrative is included, for televised meetings. Non-
televised meetings may contain additional information.
Councilmembers may request revisions to the minutes subject to a majority vote of the City
Council. Councilmembers having only typographical corrections to minutes are encouraged to
provide such corrections to the City Clerk directly and need not wait to submit such corrections
at a meeting. To make amendments to the minutes of a City Council meeting, a Councilmember
should notify the City Clerk in writing of the proposed changes in advance of the meeting. In
doing so, this will allow the City Clerk to prepare an amended set of minutes for distribution
either prior to or during the City Council meeting.
Once the minutes are approved by the City Council, the Mayor and City Clerk will sign the
minutes verifying their accuracy. The City Clerk will maintain the minute archives.
BOARDS AND COMMISSIONS
Boards and Commissions (except the Housing Authority, Design Review Board, and Measure W
Citizens’ Oversight Committee) are established by ordinance and set forth in the Municipal
Code. The purpose of Boards and Commissions is to provide advice to the City Council to aid in
its decision making and to handle matters within its area of expertise. Boards and Commissions
should submit their recommendations to the Council in writing. Once the Council has reached a
decision after due consideration of a matter, it is inappropriate for a Board or Commission or its
members to criticize verbally or written or via social media the council or attempt to change a
decision made by Council. Appendix 7: Staff Liaisons to Boards and Commissions.
No member of any Board or Commission may be a member of any other Board or Commission
or hold any paid position with the City or be an elected or appointed official of another
governing body in public service. In order to be eligible for an appointment to any Board or
Commission, a person must be a resident of the City, and in some instances a resident of the
specific council district representing, unless otherwise provided by law.
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The members of each Board or Commission (except the Design Review Board) are appointed by
the Council in accordance with governing law. The number of members, length of terms, time of
appointment, and method of appointment differ. Members are subject to removal by a vote of
three Councilmembers. Board and Commission members are appointed to serve for one term at
a time. Terms continue until a successor is appointed and qualified. Except when appointed as a
Commissioner Emeritus by the Council, no Board or Commission member may serve more than
the authorized number of terms on any one Board or Commission as set forth in the Municipal
Code. Appendix 8: Board and Commission Roster.
Boards and Commissions are authorized to appoint advisory committees to assist them in
performing their duties. A member of the Board or Commission shall be designated as
chairperson of these advisory committees upon approval of the appointing Board or
Commission. The advisory committees shall be assigned functions consistent with the duties of
the appointing Board or Commission and shall report to at the times and in the manner which the
appointing Board or Commission may require.
All Board and Commission members except members of the Housing Authority Tenant
Commission, Measure W Citizens’ Oversight Committee, Emeritus Members, Ex Officio
Members, and Council representatives to the Conference Center Authority are compensated at a
rate of $100.00 per regular meeting.
From time to time the Council may establish non-compensated citizen committees or task forces
of limited duration to focus on specific topics.
Procedure for Making Appointments and Reappointments to Boards and Commissions
The appointment or removal of any board or commission (“advisory body”) member who is
required by ordinance to be appointed by the City Council shall require the affirmative vote of a
majority of the Council. Advisory body members serve staggered terms.
Administrative Support
Administrative support will be provided to the board, commission, and committees by a City
staff member. The City Clerk’s Office will manage the recruitment and application process. The
City Clerk’s office will notify all members at least 30 days prior to their term expiration and
those members eligible to continue serving shall express their interest to continue serving to the
City Clerk. 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.
The City Clerk will share the results with the Council via Thursday memo and the Mayor will
provide direction on the reappointment process of members. The default is that currently serving
advisory body members will be interviewed for reappointment. However, if it is determined that
an advisory body member’s performance is outstanding, or that other factors necessitate keeping
them in their role, then an automatic reappointment can occur with a majority vote or majority
consensus of the City Council agendized item (Consent Calendar) at a regularly scheduled City
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Council meeting. If an advisory body member is not reappointed without interview, then the
potential appointment will be advertised and recruited for interviews.
After reappointments are complete, the City Clerk will recruit for open seats utilizing multiple
avenues including advertising, city newsletter, Mayor’s weekly email, website, social media, and
networking lists to present qualified candidates to the Council for consideration.
In the event that a current advisory body member resigns, an official letter of resignation stating
the date of final service should be submitted to the City Clerk’s office and shared with the City
Council. 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.
An advisory body member may continue to serve past their expiration term until reappointed or
the recruitment process is completed.
Any person desiring to be considered for an appointment to any City Board or Commission
should submit an online application. Applicants shall be encouraged to submit a resume and
cover letter. Paper applications must be typed (handwritten applications will not be accepted)
and may be submitted on an on-going basis. For applications submitted after a deadline has
passed, the City Clerk shall acknowledge that the application is past the filing deadline and that it
will not be considered in the upcoming recruiting cycle. Applications are considered current for
one year from the date received.
It is the responsibility of the applicant to be aware of the date of submittal and track its date of
expiration of the application. All interviews will be held in person unless indicated by an
emergency declaration. No hybrid interviews will be considered unless under special
circumstances. Any applicant who fails to attend their interview will be disqualified and their
application will be removed from consideration from the date of the interview and for a year.
There will be no excused absences for interviews or rescheduled interviews for applicants who
failed to attend their interview. Appendix 9: Commissions, Boards, and Committees Application
Process.
Any appointees must comply with appropriate provisions of law regarding disclosure of financial
interests, if applicable. The City Council will not 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.
Advisory body members may be removed by a majority vote of the City Council following three
excused or two unexcused absences during a twelve-month period. An absence is considered
excused when an advisory body member notifies the staff liaison of the intended absence at least
twenty-four (24) hours prior to the scheduled meeting time. All other absences are considered
unexcused.
Thus, upon the second excused absence or first unexcused absence from a regular meeting within
a twelve-month period, the staff liaison shall notify the Board or Commission members by email
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and via email regarding the absentee policy. The staff liaison should remind the Board or
Commission members that with one more absence, the City Council will be informed of the
members’ absences for further discussion and possible removal. If the City Council determines
that the absences occurred for legitimate reasons, the City Council may excuse one or both of the
absences.
Upon the third excused absence or second unexcused absence, the staff liaison shall inform the
City Clerk and the City Manager’s Office. The City Manager’s office shall draft a letter from the
Mayor to the Board or Commission members regarding the absentee policy and request an
explanation before the Mayor brings the matter to the Council. The Mayor shall provide a report
to the council on a quarterly basis via a report created by the City Clerk’s office of any current
appointments that require action or attention due to unexcused absences.
Members are also encouraged to give advance notice of their absence from a meeting to the staff
liaison as well as the City Clerk’s office with a brief explanation for the absence. This absentee
policy as expressed in the Council Handbook shall be as provided on the Board and Commission
form and provided in the congratulatory letter welcoming new Board and Commission members.
The preceding procedures shall not apply to non-voting Emeritus Members of appointed Boards
and Commissions or to city liaison committees with other governing bodies. Any member of an
appointive Board or Commission may also be removed by simple majority vote of the City
Council.
Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a
special vacancy notice shall be posted within twenty days (20) after the vacancy occurs and that
final appointment to fill such vacancy shall not be made for at least ten (10) working days after
such posting. The special vacancy notice must be posted in the City Clerk’s Office and the
City’s Internet website or at a designated public library.
The interview and selection of candidates is an open process. The City Council reviews the
applications and votes to select the most qualified applicants to interview. Following the
interviews, the City Council ballots and appoints the applicant(s) receiving the highest number of
votes.
Pursuant to Government Code Section 54972, on or before December 31st of every year the City
Clerk shall prepare the Local Appointment List of all Board and Commission members that
details when all appointive terms will expire during the next calendar year, the name of the
incumbent appointee, the date of appointment, the date the term expires, and the necessary
qualifications for the position, as well as a list of all members who serve at the pleasure of the
City Council and the necessary qualifications for each position. In compliance with the Maddy
Act, Government Code Section 54973, a copy of the Local Appointments List shall be posted on
the City’s Internet website or designate the public library with the largest service population
within the City to receive a copy of the list.
STAFF ASSISTANCE
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The governance of a City relies on the cooperative efforts of elected officials, who set policy,
and City Staff, which analyze problems and issues, make recommendations, and implement and
administer the Council’s policies. Therefore, every effort should be made to be cooperative and
show mutual respect for the contributions made by each individual for the good of the
community.
In order to effectively discharge the responsibilities of elected office, Councilmembers are
entitled to receive assistance from city employees. It is the role of Councilmembers to pass on
concerns and complaints on behalf of their constituents. It is not, however, appropriate to
pressure staff to solve a problem in a particular way. It is also recognized that under the
Council/Manager form of government, the City Manager has the responsibility of day-to-day
affairs of the City, consistent with established Council policy.
Requests and questions of City staff should be directed to the City Manager or designee. The
City Manager should be copied on any request to Department Heads or other city employees.
Councilmembers should not set up meetings with department staff directly but work through the
City Manager’s Office. Routine, easily retrievable information will be provided to a requesting
Councilmember as expeditiously as possible.
Councilmembers are not permitted to direct the activities of city staff. Avoid any staff
interactions that may be construed as trying to shape staff recommendations. Councilmembers
shall refrain from coercing staff into making recommendations to the Council as a whole.
All critical comments about staff performance should only be made to the City Manager through
private correspondence or conversation. They should not be shared publicly or to department
heads.
Councilmembers serving on intergovernmental bodies receive the assistance of staff assigned by
the City Manager. The primary responsibility of assigned staff is to review issues before the
intergovernmental body as they may affect the City, update the councilmember on past or current
action items or legislation pertaining to that body, support the councilmember with
correspondence to that body, scheduling with those meetings and at times attend the meeting
with the councilmember, as deemed appropriate by the City Manager and advise and assist the
Councilmember in presenting issues.
Requests for assistance with speech and correspondence preparation should be made to the City
Manager. Administrative assistance is made available for the preparation of written materials.
Each member of the Council is given equal consideration. However, since it is the Mayor's
responsibility to correspond with persons and organizations on behalf of the City, the
correspondence work of the Mayor is given priority.
Correspondence to political organizations or persons in support of pursuit of political office is
not to be prepared using city resources.
City Councilmembers may alert staff through the City Manager, or while copying the City
Manager, of any requested amendments or suggestions to agenda items, so that staff may have
adequate time to prepare such amendments ahead of council meetings.
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COUNCIL MAIL
Except when mail is marked “confidential”, the City Manager or its immediate designee is
authorized to receive and open all regular post office mail addressed to Councilmembers, and to
give it immediate attention. Mail specifically sealed and marked “personal” or “confidential”
will be transmitted to the Councilmembers unopened. Administrative business referred to in
mail opened by the City Manager or designee and not requiring Council action is promptly
attended to and Councilmembers are informed of both the issue and its disposition.
Any communication relating to a matter coming or pending before the Council will be included
in the agenda packet for the meeting at which the item is to be considered.
Each Councilmember including the Mayor and vice Mayor shall exercise the best use of city
letterhead in all correspondence. Councilmembers are allowed to correspond to constituents
directly via mail using city letterhead and or other elected officials as long as they don’t
officially state an opinion on behalf of the city or entire City Council in the correspondence.
CONFLICT OF INTEREST
The City is required to adopt a Conflict-of-Interest Code, which is reviewed every two (2) years
and amended when circumstances change. (Government Code Sections 87300-87313),
Councilmembers are prohibited by law (1) from having a financial interest in contracts made by
them in their official capacity or by the Council (Government Code Section 1090 et seq.) and (2)
from making, participating in making, or in any way attempting to use their official positions to
influence a governmental decision in which they know or have reason to know they have a
financial interest. (Political Reform Act, Government Code Section 87100 et seq.) Contracts
entered in violation of conflict-of-interest provisions are void, and financial penalties are
imposed for the failure to disclose.
Whenever the Council is about to commence consideration of a matter and a member has or has
reason to believe he or she has a conflict of interest, the reason must be disclosed on the record, a
statement of intent to abstain must be made, and the Councilmember must step down from the
dais. A member may remain on the dais for consent items, as long as they are voted on with
other consent items and not taken individually. Once a year, and within thirty (30) days of
assuming office, Councilmembers must file disclosure statements indicating potential conflicts
of interest for both the Councilmember and the Councilmember’s spouse and dependent
children.
Levine Act Report (SB 1439)
The purpose of the Levine Act is to prevent public officials who are members of local
government agencies, including the City Council, from being influenced by campaign
contributions from individuals and parties appearing before them.
This summary of the Levine Act does not constitute legal advice. The principal requirements are
listed below:
• While a license, permit, or other entitlement for use from the City is pending, and for 12
months after a final decision is made on the matter, a Councilmember may not solicit,
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accept, or direct a contribution of more than $250 from a party, a participant with a
financial interest, or their respective agents.
• A Councilmember may not make, participate in making, or in any way use their official
position to influence a decision regarding a license, permit, or other entitlement if they
have received a contribution of more than $250 from a party, a participant, or their
respective agents within the previous 12 months unless they have returned the
contribution.
• A party to a proceeding involving a license, permit, or other entitlement for use pending
before the City in the proceeding must disclose any contribution of more than
• $250 made to a Councilmember within the previous 12 months was made by them or
their agents.
Additional information regarding the Levine Act and associated regulations, can be found below:
• FPPC – 2023 Changes to Section 84308
• Government Code Section 84308
Councilmembers unsure about potential conflicts are encouraged to discuss such issues with the
City Attorney in advance of the Council meeting for which the item is scheduled. While the City
Attorney will advise Councilmembers on conflict-of-interest issues, only the Fair Political
Practices Commission (FPPC), by written letter, can confer immunity from subsequent
enforcement action. The FPPC has sole jurisdiction to administer, interpret, and enforce the
Political Reform Act statue and the newly adopted regulations implementing the amended
statutory language.
Behested Payment Reporting – FPPC Form 803
A behested payment is when a state or local elected official or a member of California’s
Public Utilities Commission solicits a donation to an organization, such as a 501(c)(3),
that is used for legislative, governmental or charitable purposes. These types of payments
are not considered campaign contributions or gifts, but are payments made at the "behest"
of elected officials to be used for legislative, governmental or charitable purposes.
While state law limits the amount of campaign contributions and gifts, there are no limits
on behested payments. State law requires the reporting of behested payments if they total
$5,000 or more per calendar year from a single source. There are no reporting
requirements for payments up to $4,999.99.
Officials must report the behested payments within 30 days of the date they are made by
filing FPPC Form 803 (Behested Payment Report) with the City Clerk's Office.
Donations to the City – FPPC Form 801
The conflict-of-interest laws generally apply when a gift in the form of a donation is made to a
particular Councilmember. However, where such a donation is made to the public agency rather
than to the public official, it does not qualify as a gift under the conflict-of-interest laws pursuant
to California Code of regulation Section 18944. Thus, under the limited circumstances of a gift
to the public agency and provided that such gift is made consistent with the provisions of Section
18944, the gift does not create a conflict of interest should the donor of the gift be an individual
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or business that may at some point in the future have an item before the City Council for
consideration.
Officials must report the p ayment within 30 days of the date made by filing FPPC Form
801 (Payment to Agency Report) with the City Clerk's Office.
Appendix 6: Solicitation of Donations.
POLICY ON EXPRESSIONS OF CITY OR COUNCIL POSITIONS
Be cautious in representing City Positions on Issues. Individual City Councilmembers are not
authorized to speak on behalf of the City or the Council with regard to City or Council policy or
positions, except when such policy or position has been clearly established or when the
Councilmember has been designated as a spokesperson on a given subject.
Periodically the City Council is requested to formally support or oppose state or federal
legislation. In considering whether or not to take such action, it is Council policy to determine
first if the legislation involves matters pertaining directly to the City of South San Francisco or
its residents as a whole. It should do this in conjunction and working with the City Manager and
considering the city’s hired consultants specializing in public policy/affairs in legislative matters
at the state or federal level. The Council may also weigh the position of the League of California
Cities in such policy considerations. If the subject matter does not relate directly to city business
or to local citizens, then the Council declines to take a position. If the legislation could be
expected to affect the city or its citizens, then the Council may elect to take a position.
Every Councilmember will be allowed to send letters of support or opposition with their
individual name signed on it, and without any other councilmember’s name on it unless consent
is given. It will be clearly stated in the letter that the statement is a reflection of a singular
councilmembers’ words, and not the official position of the city or the entire City Council.
For legislative matters that are voted on during council meetings, letterhead and signatures of the
Mayor, Vice Mayor, and three Councilmembers will all be included in the letter. Legislative
letters of support or opposition passed in this manner will be the official position of the city or
City Council and the letter will state it as such that its contents was voted on by a majority or
unanimously by the Councilmembers.
POLICY ON COMMUNITY FUNDING
In making grants available to community organizations, the City Council adheres to the
following policy:
1. Grant awards are made only for purposes which are legal.
2. Grant funds are to primarily benefit South San Francisco residents/taxpayers.
3. One-time grants for capital items, or seed money, for new or expanded services are
preferred to continuing grants for operations or unrestricted funding.
4. Recipients are asked to provide financial and performance accountability.
5. Requests for funds must be received in a timely fashion. The application period
commences on the first Monday in January and closes on the last Friday in January of
each year. Applications received beyond established deadline dates will not be
considered.
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6. Preference will be given to requests which are of a matching nature.
7. Other sources of available funds should have been diligently sought or are generally
unavailable in the amounts needed.
POLICY ON DEDICATION OF PUBLIC FACILITIES
Dedication of the new public facility shall occur only after the building is completed and ready
occupancy. Dedications should recognize the efforts of prior City Councils in designing and
facilitating construction of the public facility. A majority vote from the City Council will be
required for all building dedications. All new dedications of naming of individuals or buildings
should also be reviewed by the City Council naming committee.
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