Agenda packet — Foster City City Council, March 10, 2025

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
(EOC) EMERGENCY OPERATIONS CENTER
1040 E. HILLSDALE BLVD.

FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON. PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 1040 E. Hillsdale Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, March 10, 2025 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s).

4. STUDY SESSION

4.1. Discussion to Reconsider a Code of Conduct for Elected and Appointed Officials
a) Staff Report
b) No Action Taken

5. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
(EOC) EMERGENCY OPERATIONS CENTER
1040 E. HILLSDALE BLVD.

To Attend the Meeting in Person:

Location: 1040 E. Hillsdale Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, March 10, 2025 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s).

4. STUDY SESSION

4.1. Discussion to Reconsider a Code of Conduct for Elected and Appointed Officials
a) Staff Report
b) No Action Taken

5. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
(EOC) EMERGENCY OPERATIONS CENTER
1040 E. HILLSDALE BLVD.

To Attend the Meeting in Person:

Location: 1040 E. Hillsdale Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, March 10, 2025 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s).

4. STUDY SESSION

4.1. Discussion to Reconsider a Code of Conduct for Elected and Appointed Officials
a) Staff Report
b) No Action Taken

5. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

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4 DATE:March 10, 2025
TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
FROM:Benjamin L. Stock, City Attorney/District Counsel
DEPARTMENT:City Attorney/District Counsel
SUBJECT:RECONSIDERATION OF A CODE OF CONDUCT FOR ELECTED

AND APPOINTED OFFICIALS

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors1 reconsider a Code of Conduct for Elected and Appointed Officials and provide direction to staff.

EXECUTIVE SUMMARY
On January 21, 2025, Mayor Jimenez requested a future agenda item to reintroduce a Code of Conduct for the City Council. The Mayor referenced the San Mateo County Board of Supervisors recent adoption of a new code of conduct. This request was supported by a majority of the Council.

BACKGROUND
On October 5, 2020, the City Council appointed an Ad Hoc Subcommittee comprised of former Mayor/President Mahanpour, Council Member/Director Froomin, and Planning Commissioner Wykoff to draft a recommended Code of Conduct and bring it to the City Council/Board of Directors for action. The Subcommittee created a recommended Code of Conduct for Foster City/EMID Elected and Appointed Officials that was then adopted via City Resolution No. 2020-116 and EMID Resolution No. 3543 on November 2, 2020(Attachment 1).
1 Hereafter, any reference to the City Council includes the EMID Board of Directors.

4.1 4.1 Staff Report

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4 The stated purpose of the 2020 Code of Conduct read as follows:

The purpose of this policy is to assure that all Foster City/Estero Municipal Improvement District (City/District) elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of City/District government and that the highest standards of respect and integrity are upheld between and among elected and appointed officials and in their treatment of City/District staff and constituents in any public setting.

The 2020 Code of Conduct set forth guidelines relating to the conduct of appointed and elected officials in a number of areas including meeting decorum, conduct toward the public, conduct toward staff, City Council conduct with appointed boards, committees and commissions, and representations to the public. It also provides procedures relating to setting agendas for City Council meetings as well as the selection of Council Subcommittees. The Code of Conduct generally reinforces the ethical standards found in State law and in some areas exceeds those standards.

The 2020 Code of Conduct also outlined a process for the reporting and investigation of complaints, which allowed any member of the public, including members of commissions or committees, the City/District Manager, the City/District Attorney and City/District staff to report violations of the Code of Conduct to the Mayor/President or to the Vice Mayor/Vice President if the complaint involved the Mayor/President.

The City/District Manager and the City/District Attorney as well as the Mayor/President (or Vice Mayor/Vice President) formed the “evaluation committee” and they were tasked with determining the validity of the complaint and an initial course of action. These complaints required written notification to the member who is the subject of the complainant within 72 hours of receipt of the complaint, an investigation be undertaken by the evaluation committee and a determination on the appropriate course of action, depending on the seriousness of the reported violation. Between adoption of the Code of Conduct in 2020 and December 13, 2021, eight complaints were filed, reviewed and resolved (with four of the complaints relating to the same issue). The reporting and investigating process took a significant amount of time for the evaluation committee.

On December 13, 2021, the City Council discussed amending, suspending or rescinding the Code of Conduct. After a robust discussion, the Council voted 3-2 to rescind the Code of Conduct.

ANALYSIS
As indicated in the December 13, 2021 Staff Report, there are numerous laws that apply to the conduct of Councilmembers to promote ethics and transparency within local jurisdictions.

Existing Transparency and Ethics Laws Applicable to the Council The two primary statutory schemes addressing conflicts of interest are the Political Reform

4.1 4.1 Staff Report

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4 Act and supporting Fair Political Practices Commission (“FPPC”) regulations, along with Government Code section 1090. Conflict of interest rules are based on the idea that public officials owe the highest duty of loyalty to the public, and that their personal or private financial needs should not be part of their political decisions.

The Political Reform Act2 addresses financial conflicts of interests of public officials through disclosure of their economic interests and prohibitions on participation in making decisions that the official knows or has reason to know will result in a material financial effect on one of the official's economic interests. The FPPC has also adopted regulations implementing the Political Reform Act.3 Public officials are prohibited from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. 4 An official has a conflicting financial interest "if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family"5 or on a specified interest in any relevant business entity, real property, or income or gift source.

Public officials report their financial interests in their annual Form 700 statements. These disclosure requirements apply to nearly every local elected official, members of commissions, boards, committees and other local bodies with significant decision making authority, and staff members designated by the local agency. 6 The forms require the disclosure of interests in real property, investments, business positions, sources of income, and gifts.7 The forms are filed once the official assumes office, each year thereafter (by April 1), and after leaving office.8
Government Code section 1090 bans self-dealing, so that officials cannot personally benefit from contracts with their agency. This law makes it illegal for officials to have financial interests in contracts that they make in their official capacities or any contract made by the board or body of which the official is a member. 9 Unlike the Political Reform Act, the prohibited interest does not need to have a “material effect” on the public official’s source of income. “Any interest, except a remote one, which would prevent the official from exercising absolute loyalty and undivided allegiance to the best interest of the state is prohibited under the statute.”10 There are exceptions for what are designated as “remote” and “non-interests”, which may allow the contract to be executed.11 Two key California laws that ensure that local government actions are done openly and that records are accessible so that the public can monitor the “people’s business” are the Brown Act and the Public Records Act.
2 Government Code §81000 et seq.
3 2 California Code of Regulations §18110 et seq.
4 Government Code §87100; see also 2 California Code of Regulations §§18700, 18702-18702.5. 5 Government Code §87103.
6 Government Code § 82019.
7 Government Code §§ 87206 -87210.
8 Government Code §§ 87202 – 87204.
9 Government Code § 1090.
10 Id. at 328.
11 Government Code §§ 1091, 1091.5.

4.1 4.1 Staff Report

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4 The Brown Act requires that public agency meetings are open to the public, and all persons are allowed to attend and participate in the meeting. 12 A “meeting” is any gathering of a majority of the members of a legislative body to hear, discuss or deliberate about any item that is within its subject matter jurisdiction. 13 A meeting can occur in a number of different settings, including through use of technological devices (such as phones or e-mail) or social media platforms 14 (e.g., Facebook, Twitter), where a majority of the members use to discuss, deliberate, or take any action on any item of business within the subject matter jurisdiction of the entity.15 When a “meeting” occurs under the Brown Act, certain agenda requirements must be met16 and the public must be allowed an opportunity to speak.17 Under the Public Records Act,18 members of the public have the right to inspect and obtain copies of “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.”19 This right of access extends to electronic data regarding city business (e.g., emails, texts, etc.), maintained in personal accounts or on personal devices. 20 This right is enshrined in the California Constitution 21 and is broadly construed by the courts to further the public’s right of access to public records.

AB 1234 imposes mandatory ethics training requirements on all local elected officials, legislative bodies eligible to receive reimbursements, and employees designated by the legislative body.22
In addition to the foregoing statutory requirements, the City Council must also abide by the rules of conduct for all meetings as set forth in Chapter 2.08 of the Foster City Municipal Code (FCMC).23 These rules provide the Council with clear guidance on how the meeting shall be conducted including specific provisions for the place and time of meetings and the content of the agenda which incorporate various provisions of the Brown Act. These rules also set forth rules for addressing the Council and general decorum for the meeting. For example, FCMC Section 2.08.250(A) provides, among other things, that Council Members must preserve order and decorum and shall not disturb another Member when speaking or refuse to obey the presiding officer. These rules also include provisions regarding conflicts of interest. Specifically, FCMC Section 2.08.280 provides that Council Members who are prohibited by statute from being interested in any contract made by the City, unless such interest is remote and specific steps are taken to assure disclosure. 12 Government Code § 54950 and following.
13 Government Code § 54952.2(a).
14 See Government Code § 54952.2 (codifying rules on interaction with other legislative body members and the public when on social media.)
15 Government Code § 54952.2(b).
16 Government Code §§ 54954.2, 54956, 54954.2(a)(1).
17 Government Code § 54954.3(b).
18 Government Code § 7920.000 and following.
19 Government Code § 7920.530
20 City of San Jose v. Superior Court (2017) 2 Cal.5th 608. 21 Cal. Constitution, art. I, § 3.
22 Government Code §§ 53234-53235.2.
23 See section 2.04.040 of the Estero Municipal Improvement District Code and Chapter 2.08 of the City of Foster City Municipal Code

4.1 4.1 Staff Report

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4 Other Jurisdictions
The San Mateo County Board of Supervisors recently adopted a Code of Conduct on January 14, 2025 (Attachment 2). The stated purpose of the Code of Conduct is to enhance public confidence in the integrity, effectiveness, respectfulness, and fairness of the Board and of San Mateo County government. It provides a general framework for Board members’ performance of their official duties and sets forth standards and practices that build trust and establish and sustain collegiality and positive relations among Board members and between Board members and staff. The County’s Code of Conduct states that it supplements, and does not supplant, other existing laws, policies and procedures that apply to members of the Board of Supervisors. The County’s Code of Conduct does not include any investigatory component but does include the enforcement tool of censure.

A number of cities within San Mateo County have adopted policies or protocols to govern the conduct of their governing boards and commissions and committees. These policies or protocols have varying levels of detail and content but generally include guidelines on council communications with staff, the public and each other and establish expectations on council roles and responsibilities. Staff has included a few different examples of policies or protocols adopted by cities in San Mateo County to assist the Council in its discussion.

The City of Burlingame City Council adopted a Code of Conduct that emphasizes the principles of roles, responsibilities, and respect (Attachment 3). Burlingame’s Code of Conduct provides guidance on a variety of topics, including roles, policies and communication and conduct. It also discusses sanctions, which could include a reprimand or formal censure or loss of committee assignments.

The Town of Atherton City Council adopted a Handbook for the Members of the City Council, which includes a Code of Conduct that is intended to “encourage public confidence in the integrity of local government and its fair and effective operation.” (Attachment 4, Appendix B). Atherton’s Code of Conduct includes twenty policy statements to implement the Code of Conduct on topics such as communication, coordination with staff, disclosure of corruption, etc. The Code of Conduct does not include any enforcement or investigatory component for violations.

The City of South San Francisco City Council adopted a very robust City Council Procedures and Protocols (“Procedures”) that covers a number of topics (Attachment 5).

South San Francisco’s Procedures provides guidance on roles and responsibilities, communications, and the conduct of meetings, among others. A significant amount of the guidance contained in the Procedures is a restatement of the law, the Roles and Responsibilities and Conduct sections in the Procedures provide specific expectations for the conduct of the governing body during and outside of meetings. The Procedures do not include any enforcement or investigatory component for violations.

There is no requirement that a governing body adopt a Code of Conduct. The City Council is already obligated to comply with a number of State and Municipal Code requirements that promote transparency, openness, and fairness in government and decorum, as

4.1 4.1 Staff Report

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4 discussed above. However, if the Council does wish to consider a Code of Conduct or other type of policy or protocols, the Council should give direction on the content that the Council would like to include in the document.

CALIFORNIA EQUALITY QUALITY ACT
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.).

FISCAL IMPACT
There is no direct fiscal impact associated with this action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement.

ATTACHMENTS
Attachment 1- 2020 City Council Code of Conduct
Attachment 2- San Mateo County Board of Supervisors Code of Conduct Attachment 3- City of Burlingame Code of Conduct
Attachment 4- Town of Atherton Council Handbook
Attachment 5- City of South San Francisco City Council Handbook

4.1 4.1 Staff Report

9 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 1 City of Foster City/Estero Municipal Improvement District Code of Conduct
for Elected and Appointed Officials
The purpose of this policy is to assure that all Foster City/Estero Municipal Improvement District (City/District) elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of City /District government and that the highest standards of respect and integrity are upheld between and among elected and appointed officials and in their treatment of City/District staff and constituents in any public setting.

CONDUCT GUIDELINES GENERALLY

1. Elected and Appointed Officials shall comply with the laws of the nation, the State of California, and the City /District in the performance of their public duties. These laws in clude, but are not limited to: the United States and California constitutions; the code and ordinances of the City of Foster City and Estero Municipal Improvement District; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City/District policies.

2. All elected and appointed officials shall always act in the public interest. As required by law, they must complete, within the time period required and provide documentation of completing, State mandated ethics training as required by Government Code Section 53235 and are expected to perform their duties as set forth in the government code.

3. In all cases, elected and appointed officials’ common goal to preserve and protect the present and the future of the community shall be acknowledged even when individuals may not agree on an issue. 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.

SETTING AGENDAS

1. The City/District Manager determines, in consultation with the Mayor/President, which items are placed on the City Council/ District Board’s meeting agendas and the timing for scheduling such items. An individual City Council/District Board Member’s request for an item to be placed on the agenda will be agendized to ask the full City Council/District Board if time should be spent on preparing a full report on the proposed agenda item.

2. City/District e lected and appointed Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to meetings; however, this does not preclude Members from asking questions at Meetings.

3. Agenda items for City/District advisory bodies must originate with the City Council/District Board or from City/District staff. The City/District Staff Liaison will consult with the Chair of the advisory body or both Members of City Council Subcommittees to determine which items are placed on the meeting agendas of these groups.

ATTACHMENT 1
375

4.1 Attachment 1 - 2020 Code of Conduct

10 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 2

4. All work undertaken by a City Council Subcommittee must originate with the City Council and all actions of City Council Subcommittees shall be reported to the City Council.

MEETING DECORUM

1. All City/District elected and appointed Members must recognize the Presiding Officer of the Meeting. It is the Presiding Officer’s responsibility to maintain order among the elected/appointed Members and the public. Members must preserve order and decorum while in session as outlined in Foster City Municipal Code Section 2.08.190, Rules of Debate, and

2.08.250, Rules of Decorum. No Member, by conversation nor otherwise, may delay or interrupt the proceedings nor disturb any Member while speaking nor refuse to obey the o rders of the Presiding Officer.

2. If there is disagreement about the agenda or the Presiding Officer’s actions, those objections should be voiced politely and with reason, following procedu res outlined in p arliamentary procedure identified in Foster City Municipal Code Section 2.08.190, Points of Order.

3. Members shall remain in their assigned seats and shall not leave the meeting place during a meeting without first obtaining the permission of the Presiding Officer.

4. Debate must be accomplished with civility and decorum and without offensive personal comments to other Members. Difficult questions, tough challenges to a point of view, and criticism of ideas and information are recognized as legiti mate elements of debate. Belligerent, personal, i mpertinent, slanderous, threatening, abusive, or disparaging comments are not recognized as appropriate elements of free debate.

5. Elected and appointed Members who are personally offended by the remarks of another Member, may make note of the actual words used and call for a "point of personal privilege" that challenges the other Member to justify or apologize for the language used. The Presiding Officer will maintain control of this discussion.

6. All elected and appointed Members should utilize effective problem solving approaches on issues to find common ground and seek a solution that focuses on underlying interests and benefits the community as a whole. Decisions of the body shall be based upon the merits and substance of the matter at hand.

7. It is the responsibility of elected and appointed M embers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process prior to taking action on the matter.

8. As a matter of respect, elected and appointed Members are encouraged to use formal titles, such as Mayor, Vice Mayor, President, Vice President, Councilmember, Chair, Vice Chair or Mr./Ms., followed by the individual’s last name.

9. Elected and appointed Members assigned to any City/District or regional committee or board shall attend all meetings of the body to which assigned or arrange for the assigned alternate to attend in their place. Failure to comply may result in removal from said committee, commission, or board.
376

4.1 Attachment 1 - 2020 Code of Conduct

11 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 3

CONDUCT TOWARD THE PUBLIC

1. At public meetings, elected and appointed Members must treat the public with respect by actively listening to speakers, asking for clarification, if needed, through the Presiding Officer and avoiding debate and argument with the public.

2. Only the Presiding Officer, not in dividual Members, may i nterrupt a speaker during a presentation, although a Member can ask the Presiding Officer for a point of order if the speaker is off the topic or exhibiting unacceptable behavior or language.

3. No partiality, prejudice or disrespect should be evident on the part of any elected or appointed Members toward an individual participating in a public forum. Every effort should be made to be independent, fair, impartial and open minded in receiving public testimony. Decisions should be reserved until all applicable information has been presented.

4. The Presiding Officer shall determine and announce time limits on public testimony. These limits shall be implemented in a fair and impartial manner.

5. Any person who willfully interrupts a meeting so as to render orderly conduct of the meeting infeasible may be removed and, if order cannot be restored, the meeting may proceed pursuant to procedures outlined in Government Code Section 54957.9 and Foster City Municipal Code Section 2.08.250(C).

CONDUCT TOWARD STAFF

1. Elected and appointed Members must treat staff as professionals and reco gnize that poor behavior toward staff is not acceptable.

2. Publicly criticizing a staff member is not acceptable conduct. Concerns about staff performance or decorum shall be brought to the Mayor/President or City/District Manager in a non -public setting.

3. Elected and appointed Members may not interfere in the administrative functions of the staff .

The City/District Manager is recognized as the appropriate respondent for staff concerns. Elected and appointed Members should not:

• Disrupt City /District staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. • Attend internal staff meetings or meetings between City /District staff and third parties unless invited by City/District staff or directed by the City Council/District Board to do so. • Direct the City /District Manager to initiate any action, change a course of action, or prepare any report without the approval of the City Council/District Board. • Interfere with the appointment by the City /District Manager of any of the department heads or any person to any office or employment , nor with the City/District Manager’s power to remove any of those persons.
• Give orders to any subordinate of the City/District Manager, either publicly or privately. 377

4.1 Attachment 1 - 2020 Code of Conduct

12 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 4 • Direct questions about policy, budget, or professional opinion to staff other than the City/District Manager or designee. Elected and appointed Members may direct questions and inquiries for information that is readily available to the general public or easily retrievable to any staff member.
• Solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City/District staff.

4. Elected and appointed officials should not seek to establish a personal attorney-client relationship with the City /District Attorney, including his or her staff and attorneys contracted to work on behalf of the City/District. The City/District Attorney represents the City/District and not individual elected and appointed Members.

CITY COUNCIL/DISTRICT BOARD MEMBER CONDUCT WITH BOARDS, COMMITTEES AND COMMISSIONS

1. Typically, City Council/District Board Member questions regarding action by a Board, Committee or Commission should be addressed to the Staff Liaison through the City/District Manager.

2. Any comments by a City Council/District Board Member at a Board, Committee or Commission meeting as a member of the public should be clearly made as individual opinion and not a representation of the feelings of the entire City Council/District Board. Comments as the City Council Liaison to the committee may appropriately represent the views of the City Council as a whole.

3. It is inappropriate for a City Council/District Board Member to contact a Board, Committee or Commission Member to lobby on behalf of an individual, business, or developer, and vice versa.

4. City Council/District Board Members are admonished to r espect that Boards, Committees and Commissions serve the community, not individual City Council/District Board Members.

REPRESENTATION TO THE PUBLIC

1. This section applies to the representation of elected and appointed Member’s opinions in a public setting of any type, including in-person, media interviews and all social media accounts.

2. California Government Code Section 54954.2 requires that elected and appointed Members limit their engagement with the public who make statements on non -agendized topics during the Public Comment period to clarifying questions or providing information. All other responses to Public Comments should be directed to City /District Staff or other elected and appointed Members (such as referring items to City/District Staff or requesting through the Presiding Officer to agendize items for consideration at a future meeting). Members may choose to make factual corrections at the conclusion of Public Comment, after the commenter has left the podium.

3. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected.

4. Elected and appointed Members are encouraged to communicate respectfully and civilly as befits their position when engaging the community. Comments that contain vulgar language, personal attacks of any kind, or offensive comments that disparage or discriminate on the basis of 378

4.1 Attachment 1 - 2020 Code of Conduct

13 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 5 protected classes such as race, color, age, ancestry, religion, national origin, pregnancy and perceived pregnancy, sex/gender, military status, sexual orientation, genetic information/characteristics, marital status, medical condition (including cancer or record or history of cancer or AIDS/HIV status, or mental or physical disability should never be part of a n elected or appointed Member’s posts.

5. Personal statements should always be held to the highest standard of accuracy and can be used to assist with clarification and correction of information understood by the public

6. To the best of their ability, elected and appointed Members shall represent the official policies and positions of the body when communicating in public. If presenting their personal opinions or positions publicly, elected and appointed Members shall explicitly state they do not represent the City/District.

CITY COUNCIL/DISTRICT BOARD SUBCOMMITTEES

1. The City Council /District Board may organize itself into standing and/or special/ad hoc committees of the City Council/District Board to facilitate City Council/District Board review and action regarding certain matters referred to them by the City Council/District Board.

2. The City Council/District Board may create or dissolve standing committees at any time by the affirmative vote of a majority of the City Council/District Board.

3. The Mayor annually appoints Members to standing City Council Subcommittees.

4. If permitted by the Ralph M. Brown Act, other Members of the City Council not assigned to a committee may attend meetings of a committee, as an observer, however, they shall be seated with the audience and may not participate in any manner or address the committee.

REPORTING AND INVESTIGATION

1. Reporting

• Members of the public , including Members of Commissions or Committees , the City/District Manager and the City/District Attorney. should report violations of this policy to the Mayor /President. If a complaint involves the Mayor /President, it should be reported to the Vice Mayor/Vice President.
• City/District staff should report violations of this policy to the City/District Manager, who will consult with the Mayor /President or Vice Mayor /Vice President. If the complaint involves the City/District Manager, it should be reported to the Mayor/President. • City Council/District Board Members should report violations of this policy to the Mayor/President. Violations of the Brown Act should be reported to the City /District Manager or City /District Attorney. If the complaint involves the Mayor/President, it should be reported to the Vice Mayor/Vice President.

2. Upon report of a written complaint, the City/District Manager and City/District Attorney will join the Mayor/President or Vice Mayor/Vice President as an evaluation committee to determine the validity of the complaint and an initial course of action. If the City/District Manager or City/District 379

4.1 Attachment 1 - 2020 Code of Conduct

14 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 6 Attorney is the complainant, the longest serving uninvolved City Council/District Board Member will replace the City/District Manager or City/District Attorney on the evaluation committee.

3. Within seventy -two (72) hours of receipt of the complaint by the Mayor/President or Vice Mayor/Vice President, the Member in question shall be notified of the reported complaint by the Mayor/President or his/her desi gnee. The notification shall include a copy of the written complaint and supporting documentation, the identity of the complainant and nature of the complaint.

4. If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken.

5. If the reported violation is deemed valid but minor in nature, the Mayor/President or Vice Mayor/Vice President shall counsel and, if appropriate, admonish the elected or appointed Member privately to resolve the matter.

6. If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the elected or appointed Member. The outside counsel shall report his/her initial findings back to the Committee and either (1) recommend that the elected or appointed Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other City/District policies have been violated. In the latter event, the report shall specify the provisions violated alo ng with the facts and evidence supporting each finding.

7. Where the decision is to refer the matter to the City Council/District Board, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole City Council/District Board. Investigative findings shall be presented to the City Council/District Board at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducte d as an adversarial proceeding.

8. Elected and appointed Members who intentionally and repeatedly fail to abide by the Code of Conduct may be publicly admonished, formally censored by the City Council/District Board, lose committee assignments or other privileges.

9. Parties to the complaint shall not be subjected to harassment, intimidation, threats, coercion, discrimination, or any form of reprisal, because they have reported, in good faith, an ethics, compliance or related concerns; or assisted or participated in an ethics, compliance or related investigation or proceeding, even if subsequently it is found that there is insufficient evidence to support the report.

IMPLEMENTATION

1. The Code of Conduct is intended to be self -enforcing and is an expression of the standards of conduct for all elected and appointed Members.

380

4.1 Attachment 1 - 2020 Code of Conduct

15 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 7

2. In order to ensure that elected and appointed M embers are thoroughly familiar with this Code and embrace its provisions, this document shall be included in the regular orientat ions for candidates for City Council/District Board, City/District Treasurer, City/District Clerk, applicants to Board, Committee and Commissions, and newly elected and appointed Members. Elected and appointed Members entering office shall sign a statement acknowledging they have read and understand the Code of Conduct.

3. The Code of Conduct shall be periodically reviewed by the City Council/District Board and updated as necessary.

ETHICS STANDARDS FOUND IN LAW

1. The provisions in this section are found in various state and federal law and are provided as a reminder for elected and appointed Members.

2. Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility.

3. The City/District operates under a Council-Manager form of government. Accordingly, Members of the City Council/District Board are elected at -large, provide legislative direction, set City/District policy, and ultimately answer to the public. The City /District Manager serves as the City/District’s chief administrative officer and is responsible for directing the day -to-day operations of the City/District and implementing policy direction.

4. Elected and appointed Members act as a body. Policy is established by majority vote. A decision of the majority binds the body to a course of action. The majority may be a majority of the quorum of the body.

5. No City Council/District Board Member has extraordinary powers beyond those of other Members (except as may otherwise be provided in State law). All Members, including the Mayor/President, have equal powers.

6. No Member of the City Council/District Board is permitted to hold any other City/District office or City/District employment.

7. Legislative actions by the City Council /District Board can be taken by means of ordinance, resolution, or minute action duly made and passed by the majority (unless otherwise provided).

8. Per Foster City Municipal Code Section 2.08.208, City Council/District Board Members may request that an abstract of their statements be entered into the minutes and the statement will be entered if the Council/Board consents. City Council/District Board Members may also state for the record their reason for dissenting on an item per Foster City Municipal Code Section 2.08.210.

9. Actions of the City Council/District Board concerning confidential property, personnel, and/or legal matters of the City/District are to be reported consistent with State law.

10. Elected and appointed Members may teleconference into an official meeting of their body if outside the City/District for personal reasons, business purposes, or if they are ill. 381

4.1 Attachment 1 - 2020 Code of Conduct

16 Adopted November 2, 2020 by City Council Resolution 2020-116 and EMID Resolution 3542 8

11. City Council/District Board Member Conflict of Interest

• In order to assure their independence and impartiality on behalf of the public good, City Council/District Board Members are prohibited from using their official positions to influence government decision s in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law.
• City Council/District Board Members shall not take advantage of services or opportunities for personal gain or to promote personal business by virtue of their public office that are not available to the public in general.
• City Council/District Board Members shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City /District. They must neither disclose confidential information without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.
• In keeping with their role as stewards of the public interest, City Council/District Board Members shall not appear on behalf of the private interests of a third party before the City Council/District Board or any board, commission , or committee or proceeding of the City Council/District Board, except as permitted by law.
382

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17 RESOLUTION NO. 2020-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING

A CODE OF CONDUCT FOR FOSTER CITY ELECTED AND APPOINTED OFFICIALS

CITY OF FOSTER CITY

WHEREAS, the City Council/EMID Board of Directors wishes to establish a Code of Conduct to ensure that all elected and appointed officials have a clear and common vision of the norms, rules, and responsibilities or proper practices within the organization; and

WHEREAS, if all members manifest these practices in their attitudes and behavior, officials, while exercising their office, will conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of the City’s governance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby adopt a Code of Conduct for Foster City elected and appointed officials.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of November, 2020, by the following vote:

AYES: Councilmembers Froomin, Gehani, Hindi, and Mayor Mahanpour NOES: None

ABSENT: Councilmember Awasthi

ABSTAIN: None

____________________________________

CATHERINE MAHANPOUR, MAYOR

ATTEST:

___________________________________

PRISCILLA SCHAUS, CITY CLERK

DocuSign Envelope ID: 064437F0-D76B-4C0F-82CF-DE8CDA61C57C 383

4.1 Attachment 1 - 2020 Code of Conduct

18 RESOLUTION NO. 3543

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADOPTING A CODE OF CONDUCT FOR ELECTED AND

APPOINTED OFFICIALS

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby adopt a Code of C onduct for elected and appointed officials.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 2nd day of November, 2020, by the following vote:

AYES: Directors Froomin, Gehani, Hindi, and President Mahanpour

NOES: None

ABSENT: Director Awasthi

ABSTAIN: None

_
_____

CATHERINE MAHANPOUR, PRESIDENT

ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

DocuSign Envelope ID: 064437F0-D76B-4C0F-82CF-DE8CDA61C57C 384

4.1 Attachment 1 - 2020 Code of Conduct

19 SAN MATEO COUNTY BOARD OF SUPERVISORS

CODE OF CONDUCT

In adopting and adhering to this Code of Conduct (“Code”), the San Mateo County Board of Supervisors (“Board”) seeks to enhance public confidence in the integrity, effectiveness, respectfulness, and fairness of the Board and of San Mateo County government.

This Code provides a framework for Board members’ performance of their official duties and sets forth standards and practices that build trust and establish and sustain collegiality and positive relations among Board members and between Board members and staff.

This Code supplements, and does not supplant, other existing laws, policies, and procedures that apply to members of the Board of Supervisors.

The Code shall consist of the following components and principles and all Board members shall comply with them:

1. Board members are committed to the highest ideals of integrity and they recognize that advancing the public interest and betterment of the community are their primary concern.

Board members use their public position to advance the interests of the County and its residents, and not for private or personal interest. Board members will not use public resources for private gain or personal purposes.

2. Board members will focus on what is best for San Mateo County as a whole and strive to represent the entire County, as well as their individual districts.

3. Board members will comply with all local, State and Federal laws and will support and model County policies. Likewise, Board member will strive to avoid even the appearance of impropriety. Board members will comply with the State-mandated gift reporting policies.

4. The Board is committed to maintaining a workplace and organization that is free from unlawful harassment, discrimination, and retaliation.

5. Board members’ conduct will further the ability of the Board and County to carry out business in an orderly and undisrupted manner. Board members will refrain from behavior that brings the County government or the Board into disrepute, including, but not limited to engaging in abusive conduct toward staff, the community or other Board members; leveling unsubstantiated personal charges or allegations; using inappropriate or abusive language during Board meetings; or engaging in unsubstantiated or intemperate verbal or written attacks on the character or motives of other Board members, staff, and members of the public.

6. Board members will respect the collective authority of the Board and will accurately represent the official policies and positions of San Mateo County and make clear the distinctions between such policies and positions and their individual positions and opinions. When stating their individual opinions and positions, Board members will explicitly state that they are not sharing the position of the entire Board.

4.1 Attachment 2 - San Mateo County Board of Supervisors Code of Conduct

20 7. Board members recognize their obligation to protect the confidential nature of information received in the course of their work, including confidential information provided in the closed session portions of Board meetings. Board members are also committed to compliance with the Brown Act, the Public Records Act and other applicable laws.

8. When working with the County Executive to set the agenda for Board meetings, the Board member serving as Board President will work collaboratively with other Board members to ensure that items within the subject matter jurisdiction of the Board that Board members seek to have included on the meeting agenda are agendized at the earliest feasible time. Board members recognize their obligation to comply with standards and procedures set by the County Executive for Board meeting agenda items, including with respect to timeliness and formatting.

9. When bringing items for consideration at Board meetings, Board members will be prepared.

10. When communicating with staff, Board members recognize that the primary contacts for initial and significant interactions should be the County Executive, the County Executive’s deputies, and department heads. Board members also recognize that conversations should focus on policy and refrain from direction regarding operations.

The Board may censure a Board member, or take any other actions within the Board’s legal authority, in responding to a violation of this Code.

4.1 Attachment 2 - San Mateo County Board of Supervisors Code of Conduct

21 4.1
Attachment 3 - City of Burlingame Code of Conduct

22 4.1
Attachment 3 - City of Burlingame Code of Conduct

23 4.1
Attachment 3 - City of Burlingame Code of Conduct

24 4.1
Attachment 3 - City of Burlingame Code of Conduct

25 4.1
Attachment 3 - City of Burlingame Code of Conduct

26 4.1
Attachment 3 - City of Burlingame Code of Conduct

27 4.1
Attachment 3 - City of Burlingame Code of Conduct

28 4.1
Attachment 3 - City of Burlingame Code of Conduct

29 4.1
Attachment 3 - City of Burlingame Code of Conduct

30 4.1
Attachment 3 - City of Burlingame Code of Conduct

31 4.1
Attachment 3 - City of Burlingame Code of Conduct

32 4.1
Attachment 3 - City of Burlingame Code of Conduct

33 4.1
Attachment 3 - City of Burlingame Code of Conduct

34 4.1
Attachment 3 - City of Burlingame Code of Conduct

35 4.1
Attachment 3 - City of Burlingame Code of Conduct

36 4.1
Attachment 3 - City of Burlingame Code of Conduct

37 4.1
Attachment 3 - City of Burlingame Code of Conduct

38 4.1
Attachment 3 - City of Burlingame Code of Conduct

39 TOWN OF ATHERTON

A HANDBOOK FOR

MEMBERS OF THE CITY COUNCIL

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40 [2]

TABLE OF CONTENTS

1. Introduction 4

2. General Information

2.1 Geography and Demographics 5

2.2 The History of Atherton 5

2.3 The General Plan 6

2.4 The Municipal Code 6

3. The Structure of the Town Government

3.1 The City Council 6

3.2 City Council Meetings 7

3.3 Election of Councilmembers 7

3.4 Subcommittees 7

3.5 Vacancies 8

3.6 Election of Mayor and Vice Mayor 8

3.7 Mayor 8

3.8 Vice Mayor 8

3.9 Presiding Officer 8

3.10 The City Manager 9

3.11 The City Attorney 9

3.12 The City Clerk 9

4. Volunteer Positions

4.1 Commissions and Committees 9

4.2 Qualifications and Appointments to Office 10

4.3 City Council Liaisons 11

5. General Rules of Office

5.1 Code of Ethics and Conduct 11

5.2 Conflict of Interest 11

5.3 Statement of Economic Interest 12

5.4 Relations with Town Staff 12

5.5 Orientation for New Members 13

5.6 Meeting Attendance 13

5.7 Resignation 13

5.8 Compensation 13

5.9 Benefits/Insurance/Immunity 13

5.10 Travel Expenses 13

5.11 Authority of Councilmembers 14

5.12 Use of E-mail 14

5.14 Assignment to Outside Committees, Agencies, and
Organizations and as Committee Liaisons

14 4.1
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6. Operating Procedures

6.1 Ralph M. Brown Act

6.2 Limitations Upon Official Action of the City Council 14

6.3 Tort and Constitutional Rights Liability 15

6.4 Environmental Impact 16

6.12 Resolutions 16

6.13 Ordinances 16

6.14 Effective Date of Ordinances 16

6.15 Publication of Ordinances 16

6.16 Quorum Requirements 16

6.17 Minutes 17

6.18 Agendas and Agenda Packets 17

6.19 Actions Limited to Posted Agenda 17

6.20 Public Comments 18

6.21 Public Hearings 18

6.22 Consent Calendar 18
18 7. Conclusion 19

8. Appendix 19

A – City Council Rules of Procedures
B – Code of Conduct
C- Resolution Governing Committees and Commissions
D- Rosenberg’s Rules of Order
E- City Council Approved Policies

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1. INTRODUCTION

Congratulations on your election to office! You have an exciting and very important job ahead of you. As a City Councilmember you are in a key position of leadership in dealing with the many challenges facing the Town of Atherton. Towns and cities perform many of the functions which are of most immediate concern to citizens. These include essential services public safety, sewer and storm drainage, and capital improvement projects.

As City Councilmember’s, you share an authority which lends you great influence over the determination of the quality of life of your fellow citizens. The community looks to the City Council to help protect it against a host of natural, social and economic challenges; as well as for providing an attractive and healthy place to live. To fulfill these responsibilities, the City Council enacts local laws, sets policies that direct Town programs and establishes budget priorities.

This handbook has been prepared to provide a convenient source of information about the functions and activities of the City Council. It is intended to assist Councilmembers in carrying out their roles, as well as to provide useful information to prospective Councilmembers and other interested citizens.

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2. GENERAL INFORMATION

2.1 Geography and Demographics

Atherton is a small, rural, and residential community, with no commercial or industrial land- use base. Native live oaks, white oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles of town.

Atherton’s population is 6,995 according to the 2011 census. In October 2012, there were 5,052 registered voters and approximately 2,500 households. The median age is 48.2 years.

2.2 The History of Atherton

In 1866, Atherton was known as Fair Oaks and was a flag stop on the California Coast for the Southern Pacific Railroad between San Francisco and San Jose for the convenience of the owners of large estates living north of Menlo Park. The entire area was called Menlo Park. It was part of the Rancho de las Pulgas, which is now southern San Mateo County.

In 1923, Menlo Park wanted to incorporate its lands t o include Fair Oaks. During a meeting of the representatives of the two communities, the Fair Oaks property owners maintained their community as a strictly residential area, and they would incorporate independently. Both groups rushed to Sacramento , but the Fair Oaks committee arrived first. It was at that time they realized that they could not keep the name Fair Oaks, as it was already the name of a town near Sacramento. It was decided to honor Faxon Dean Atherton who had been one of the first property owners in the south peninsula and name d the Town for him. Atherton was incorporated on September 12, 1923.

Faxon D. Atherton
, originally from Massachusetts, had spent several years as a trader in tallow, hides, and merchandise. His friend and business associate, Thomas Lark , had written to him about the opportunities, for family and business, on the San Francisco peninsula. Atherton purchased over 600 acres in 1860. His home, "Valparaiso Park," was built several years later.

With the development of the railroad, other San Franciscans established summer homes further south. The dirt roads were usually treacherous in the winter, and the families would only visit May through September.

The Mayor of San Francisco, Thomas H. Selby, purchased over 400 acres and called his estate "Almendral." John T. Doyle, an attorney, also built a home off Middlefield Road, "Ringwood. " James C. Flood, owner of “Linden Towers,” is now known as Lindenwood. The Joseph A Donohoe estate was "Holmgrove" and is now the site of Menlo -Atherton High School. James Thomas Watkins' home was "Fair Oaks" which stands today on Alejandra Avenue, after being moved twice.

Edward E. Eyre reigned as first Mayor and in 1928, the residents voted to build a Town Hall, which is still in use today. The early residents sought to build a Town that wo uld be divided into large parcels and would not contain businesses. During the 1920s and 1930s, a few of the large land holdings were subdivided, including James Floods’ estate in 1938. In the 1940s and 1950s over eighty subdivisions were recorded bringing the era of large estates to a close.

Atherton is still a "plain of oaks. " Native live oaks, white oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles of town. There are approximately 50

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miles of roads. Ms. Olive Holbrook-Palmer left Holbrook-Palmer Park, a 22-acre parcel, to the Town in 1958. It is an open, tree -covered park, which offers recreational programs and has facilities for functions.

2.3 The General Plan

The General Plan guides the future development of the Town, describes the desired character and quality of the community, sets forth the goals that govern the Town, and states the policies that the Town government will follow to achieve those goals. The Plan's primary goals are to preserve and enhance Atherton as a scenic, rural residential community, to conserve the natural environment and its open space, to protect people and their property from exposure to hazards, to assure access to utility services, to abate noise, to manage and maintain the Town's system of roads, trails, and paths. A copy of the Plan is on file with the City Clerk and on the Town’s website (http://www.ci.atherton.ca.us), and interested parties are encouraged to peruse it.

2.4 The Municipal Code

The Atherton Munici pal Code is the systematized collection of regulatory, penal, and administrative laws of general application. The City Council modifies the Municipal Code by introducing and adopting ordinances in public meetings (see Chapter 1). The Municipal Code serves as the basic law of the Town. The Municipal Code is available for review from the City Clerk and is also on the Town’s website.

3. THE STRUCTURE OF TOWN GOVERNMENT

Atherton is a general law city operating under a council -manager form of government. This provides the Town with policy direction from the City Council and professional administration and policy implementation through the City Manager. Approximately 80% of the towns and cities in California operate under general law, which means they are organized pursuant to state law concerning town government structure contained in the State of California’s Government Code.

The general law system of municipal government provides that the Town has no powers except those it receives under a constitutional or statutory grant of authority. The powers so granted are enumerated in Article XI of the California Constitution, which provides two kinds of powers for general law towns. These kinds of powers are the power to regulate people's actions (known as regulatory power) and the power to provide services for the benefit of the Town's inhabitants (known as commercial power).

3.1 The City Council

The City Council is the l egislative body of the Town of Atherton, with all the regulatory and corporate powers provided under California state law. The City Council provides the policy direction that guides the operation of the Town, adopts ordinances and resolutions that constitute the local laws of the Town, and sets the Town's priorities through the adoption of an annual budget and the provision of direction to the City Manager. The City Council represents the Town's residents through these actions and through the conveyance of constituent requests and concerns to the Town staff. The City Council also appoints members to its advisory committees and commissions.

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3.2 City Council Meetings

All meetings (except closed sessions as provided by State law) of the Council shall be open to the public. The regular meetings of the City Council are held on the third Wednesday of each month at 7:00 p.m. The regular meeting place of the City Council is 94 Ashfield Road, Atherton, California. If the regular meeting should fall on a legal holiday, the Council shall meet at a time and date so designated by the Council.

Adjourned Meetings

Any meeting of the City Council may be adjourned to a later date, place, and time provided no adjournment is for a longer period than the next regularly scheduled meeting.

Special Meetings

Special meetings may be called by the Mayor or by a majority of the Councilmembers. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours’ notice must be given prior to t he meetings. Only matters specified in the notice may be discussed at special meetings. Notice shall be posted as required by law.

Closed Session Meetings

Authorized closed sessions may be held in accordance with the provisions of the Brown Act (Government Code Section 54954.5).

Study Session Meetings

The Council meets on an as-needed basis on the first Wednesday of the month at 4:00 p.m. for study sessions. Study Sessions are considered special meetings. The Council may meet in Study Sessions or Special Meetings called by the Mayor or the majority of Councilmembers. Study Sessions and Special Meetings are open to the public and are meetings for purposes of the Brown Act. Council typically does not take any formal action during study session meetings. Meeting notice requirements are contained in Section 2.2.

Media Attendance

All meetings (except Closed Sessions) of the City Council , Committees and the Planning Commission shall be open to the media and may be recorded on tape, radio, television, and photography, provided such recordings do not interfere with orderly conduct of the meetings.

City Council has established Rules of Procedures for the conduct of Council meetings. These rules are included with the handbook as Appendix A.

3.3 Election of Councilmembers

The five members of the City Council are elected at-large to four-year terms. Elections occur in November of even-numbered years, and the terms are staggered so that no more than three City Council seats are up for election at any one time. New City Councilmembers are sworn in

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at the first regular meeting after election results are available for canvas, which is usually the December meeting.

3.4 Subcommittees

The Mayor may create and appoint members to standing subcommittees of the City Council with the approval of the Council for the purpose of studying specific issues in more detail and reporting back to the Council with data and recommendations, or ad hoc subcommittees for limited specific purposes without Council approval. All standing subcommittees are subject to the provisions of the Brown Act, while ad hoc subcommittees are not. The Mayor shall strive to appoint balanced subcommittees whenever they are created.

Councilmembers that are not on a respective subcommittee may speak with members of the public and other councilmembers in a manner that does not constitute a Brown Act violation.

However, Councilmembers who are not members of the subcommittee shall not negotiate or represent that they are negotiating on behalf of the Town on issues within the subject matter jurisdiction of the subcommittee outside of a public meeting. This provision is not intended to prevent a Councilmember from speaking with other Councilmembers or the general public in manners consistent with the Brown Act.

3.5 Vacancies

Vacancies occasionally occur as a result of death, resignation or the departure of a Councilmember from the Town. When a person has ceased to be a resident of the Town, that person’s office immediately becomes vacant. The City Council must appoint a replacement or call for a special election within sixty days of the occurrence of the vacancy. The special election shall be held on the date of the next regularly established election (provided by State law) or the next regularly established general municipal election to be held throughout the Town. In either case, the special election may not be held less than 114 days from the call of the special election.

3.6 Election of Mayor and Vice Mayor

The Mayor and Vice Mayor are elected from among the Councilmembers by a majority vote of the members of the Council. They serve for a one -year period and at the pleasure of the Council. They may be relieved of their duties by a majority vote of the City Council taken at a duly noticed Council meeting.

3.7 Mayor

The Mayor presides at the City Council meetings and represents the Town as the official head of the Council on public and ceremonial occasions. Other than administrative duties set forth in the Municipal Code, the Mayor and Vice Mayor shall have no additional powers or authority different from other members of the City Council. The principal qualification for the position of Mayor is the ability to effectively preside at meetings. This requires tact, co urtesy, and familiarity with parliamentary procedures. The responsibility of the Mayor is to direct the discussion and deliberation of the matters at hand. The Mayor should encourage the input of ideas, clarify ideas, and restate motions in order that al l members understand the item on which they are voting. It is the Mayor's responsibility to ensure that the Council is operating within the confines of all applicable rules and regulations. Since the Mayor must preside over

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meetings, he or she must maint ain a certain degree of impartiality and be sure to allow all views on an issue to be expressed. However, the Mayor may also participate in debate, expressing his or her own views, and may make or second motions.

When representing the City Council or the Town on Council-decided policy issues, all members of the Council are first and foremost expected to represent the decided policy decision(s) of the City Council without undermining those decisions. Councilmembers are allowed to represent their own perspective; however, this provision is intended to clarify that if a member of the Council is representing the Council or the Town, the policy decision of the City Council is what should be represented irrespective of the member’s personal perspective.

3.8 Vice Mayor

The Vice Mayor acts in the Mayor's absence.

3.9 Presiding Officer

In the absence of both the Mayor and the Vice Mayor, the Councilmembers shall elect a temporary Presiding Officer by majority vote.

3.10 City Manager

The City Manager is appointed by the City Council and is responsible to the City Council as a whole, not to individual Councilmembers. The City Manager serves as the chief executive of the Town, administering its day -to-day affairs. The Manager's responsi bilities include enforcement of the Town's laws; preparation and submission of the annual budget to the City Council for approval; hiring, discipline, and dismissal of staff; direction and organization of staff in the execution of Council policies; provision of information and recommendations to the Council; and investigation of complaints concerning the Town's administration. The City Manager attends all meetings of the Council and has the right to take part in all discussions of the Council, but has no vote.

3.11 City Attorney

The City Attorney is appointed by the City Council. The City Attorney acts as legal advisor to the City Council, City Manager, the various Town departments, and all Town commissions, committees, and boards. The City Attorney prepares and approves for legality all proposed Town ordinances, resolutions, contracts and other legal documents. The Attorney also represents the Town in litigation and prosecutes violations of the Municipal Code.

3.12 City Clerk

The City Clerk is appointed by the City Manager. The Clerk serves as the Secretary to the City Council at meetings, performs the official recordation of City Council actions, and composes the minutes. The Clerk administers and organizes all municipal elections and coordinates the filing of Political Reform Act conflict of interest statements. The Clerk also manages the Town's records and is responsible for the care and custody of all official records and documents of the Town. Those records in clude all Town deeds, contracts, leases, ordinances, resolutions, minutes, and the Municipal Code. The Clerk publishes public notices and ordinances as required by law and assists staff and the public in researching information contained in the Town's official

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records. The Clerk is responsible for ensuring timely responses to Public Records Act requests.

4. VOLUNTEER POSITIONS

The voluntary participation of Atherton's citizens in the operation of the Town government is critical to the City Council's and the Town staff's success in serving the community. The City Council has established several committees and a commission composed mainly of volunteers.

Volunteers to specific a committee or commission are appointed by the City Council and charged with the responsibilities of gathering, synthesizing, and analyzing the information relevant to their areas of responsibility and providing the City Council and Town staff with advice and recommendations. The Council and staff rely on this advice for the developm ent and execution of Town policies. Citizen involvement is the hallmark of Atherton government, and the Town encourages all residents to participate.

4.1 Committees and the Planning Commission

A resolution governing committees has been adopted by the City Council and is periodically updated. The resolution includes principles and rules of procedures, appointment and funding information, and powers and duties of each active committee. The Planning Commission is established by Atherton Municipal Code Chapter 2.36 and the California Government Code.

A list of citizen advisory bodies can be found on the Town’s website by accessing the Town Roster of Committees and Commissions and is set forth in a Resolution which establishes and governs Town Committees and Commissions. All citizen advisory bodies are subject to the provisions of the Brown Act. These bodies are charged with the following responsibilities:
• Advise the City Council and the City Manager on matters within their area of responsibility and interest, as prescribed by the City Council and its ordinances and resolutions.
• Help focus attention on specific issues and problems within their scope of responsibilities and recommend actions and alternatives for Council consideration.
• Act as channels of communication and information between Town government and the general public, including groups with interests related to the work of the advisory bodies.
• Consider and assist in reconciling contradictory viewpoints and provide direction toward achievement of Town-wide goals.
• Encourage citizen participation in the definition and formulation of Town goals and actions for their achievement.
• Balance community desires with municipal responsibilities and resources.

4.2 Qualifications and Appointment to Office

Interested citizens who live within the Town of Atherton are encouraged to submit applications for positions on committees and commissions. The application form is available from the Town staff and includes space for the applicant to state the qualifications, experience, and skills which he or she can br ing to the service of the Town. Applications may be submitted at any time. Completed forms are kept on file at Town Hall and may be considered by the City Council

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when vacancies occur.

Notice of openings and requests for applications for committees and commissions are posted and published annually in "The Almanac ," Town website, through e-mail blasts and, if timely, in "The Athertonian." Regular appointments to all bodies are made by the City Council in June of each year at a duly noticed meeting of the City Council. Requests for applications for candidates to fill unexpected vacancies, which occur from time to time, can be solicited when the vacancies arise, or during annual solicitation which typically begins 2-3 months before term expirations.

Members are appointed by simple majority vote of the City Council.

When making commission and committee appointments, the City Council will favor applicants who do not already belong to another commission or committee. The Council seeks a diversely representative body of membership for each board, commission, and committee so that there will be a broad balance of views. Rather than filling an advisory panel with people who are all dedicated to the same ideas or goals, the Council will attempt to assemble groups of applicants with a variety of interests and experience. Similarly, the Council will attempt to select members from across the Town's geographically diverse make-up. For all of the Town’s citizen advisory bodies, the City Council may decide to refrain from appointing candidate(s) if, in its judgment, the qualifications and/or experience of the candidate(s) are insufficient. When this occurs, the City Clerk will again advertise the vacant position(s) involved and the appointment process will be included on a subsequent City Council agenda.

The Town is grateful for the service of members of a committee or commission, recognizing that the service to the community is voluntary. Even so, it is important to understand the legal requirements that apply to the role because failure to comply may re sult in stiff penalties.

Committee/Commission representatives: the City Clerk, the City Attorney, or the City Manager are available to assist with any questions. Their job is to ensure that representatives are able to do the job freely and without apprehension.

An updated list of volunteer committee members is included in the Town Roster, available at the front desk in Town Hall and on the Towns website. It also includes the latest information on the regular meetings days and times for the committees, as well as the approved committee sizes.

4.3 City Council Liaisons

Each of the Town’s advisory committees is assigned a City Councilmember to serve as Liaison between the Council and the committee (excluding the Planning Commission). The Mayor makes these appointments in January of each new calendar year.

It is the Liaison’s responsibility to attend each meeting of the committee to which he or she is assigned and to provide general guidance, as needed, to the committee as it moves through its meeting agenda. The primary role of the Liaison is to ensure the committee’s compliance with the Brown Act and to provide information regarding City Council policy as it pertains to the work of the committee. It is not the role of the Liaison to advocate on behalf of or against items before the committee or to endorse positions or directions that the committee may be considering. If a Council Liaison is unsure how to advise his or her committee, he or she should consult with the City Manager. T he Liaison should also report any operational problem his or

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her committee may be facing at the earliest opportunity so that staff can intervene and provide the needed assistance through the committee chair.

5. GENERAL RULES OF OFFICE

5.1 Code of Ethics and Conduct

Public officers owe an undivided duty to the public they serve and are not permitted to place themselves in a position that will subject them to conflicting duties or expose them to the temptation of acting in any manner other than the best interest of the public. Town officers may not, under any circumstances, use their official position to their own benefit or for the benefit of anyone except the Town itself, nor may they represent the Town in any transaction in which they are personally interested in obtaining an advantage.

A copy of the Council Code of Conduct has been included with this handbook as Appendix B.

5.2 Conflict of Interest

In order to fulfill the Town government's undivided duty to serve the public, it is necessary for the Town's officers to diligently avoid any circumstance in which their personal and public interests or responsibilities could come into conflict, or in which Town officers could be tempted to use their positions for personal gain. State law specifically regulates several areas:

Interests in Contracts: Members of the City Council and other public officers may not make any contract with the Town in which they have a financial interest. Such contracts are void, and violation may constitute a felony. (Government Code §1090)

Discounted or Free Transportation Passes: Office holders in California are strictly prohibited from accepting free passes or discounts from transportation companies. Violation of this prohibition is punishable by forfeiture of office. (California State Constitution)

The Political Reform Act: The Political Reform Act (Government Code §§87100, et seq.) forbids a public official from participating in or attempting to influence any governmental decisions or actions in which he or she has a "material financial interest ." The Act defines the kinds of interests (which includes interests owned by spouses, dependent children and agents, and certain businesses and trusts) which might cause a conflict and requires public officials to disqualify themselves from decisions which could affect those interests. The Fair Political Practices Commission (FPPC) enforces the Political Reform Act.

Common Law Doctrine Against Conflicts of Interest: There is a body of common law regarding conflicts of interest which prohibits a public official from acting, or failing to even avoid the appearance of acting, in an inappropriate manner with respect to his or her interest in any matter.

5.3 Statement of Economic Interest

As established in The Political Reform Act, Councilmembers must file Statements of Economic Interest upon assumption of office, on an annual basis, and when leaving office. The proper forms are supplied by the City Clerk. Members must disclose all investments, business positions, sources of income, and interests in real property which could be materially affected by the

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decisions made by their commission. The completed statements are kept on file by the City Clerk and are available for public inspection. Since the law permits the Fair Political Practices Commission to impose a penalty for failure to file such statements in a timely manner or correctly, elected officials should be certain the statements are complete, accurate, and submitted on time.

5.4 Relations with Town Staff

The Town staff works under the direction of the City Manager. While the Council as a whole may direct the City Manager , it is not appropriate for individual Councilmembers to provide such direction or to become involved in the administrative or operational concerns of the Town departments. However, the staff will be happy to answer questions and provide whatever assistance they can when authorized to do so by the City Manager.

It is expected that a mutually respectful and professional relationship will be maintained between the staff personnel and the Councilmembers. In the event that a conflict does arise, the problem should be brought to the attention of the Mayor or the City Manager.

5.5 Orientation for New Members

Shortly after election, a general orientation will be provided by the City Manager, City Attorney, and staff. This orientation is intended to acquaint newly elected Councilmembers with Town goals, the responsibilities of the office, current issues before the body, legal issues related to the position, and meeting schedules.

5.6 Meeting Attendance

Government Code Section 36513 (a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent wit hout permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.

5.7 Resignation

A Councilmember resigns from office before the end of his or her term by submitting a written resignation with the City Clerk. This information will be forwarded to the City Council and the City Manager. Such notice is effective based on its terms and need not be accepted. It may be withdrawn prior to becoming effective, but once it takes effect, it may not be withdrawn.

5.8 Compensation

Service on Council is purely voluntary. None of the City Councilmembers are paid, although they may be reimbursed for expenses incurred in carrying out official Town business.

5.9 Benefits/Insurance/Immunity

Councilmembers are covered by the Town’s Workers' Compensation policy and, in the event of

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an accident , while serving in an official capacity, the member will be required to file an accident report. Members are also covered under the Town's general liability insurance policy for actions taken in the course and scope of their duties. The Tort Claims Act limits municipal liability, and Councilmembers are granted immunity by the applicable sections of the California Government Code for good faith actions taken.

5.10 Travel Expenses

Councilmembers are entitled to reimbursement for their own personal reasonable expenses incurred in the performance of his or her duties as a Councilmember. If the reimbursement involves the costs of travel, such as hotels and/or airfare, a request for reimbursement shall be made to the City Manager prior to the occurrence of the travel, in order to ensure that budgetary authority exists. Councilmembers are required by State law to provide a brief report on their paid Town travel at the next available City Council meeting following their return.

5.11 Authority of Councilmembers

Individual members of the Council are not authorized to expend public funds, enter into agreements or contracts, employ staff, sign documents on behalf of the Town, or bind the Town in any way. This authority can only be granted by action of the City Council.

5.12 Use of E-mail

Each member of the City Council will be provided with an e-mail account on the Town’s server.

The Town’s website provides the public with a link to these e-mail accounts, and the business cards of each Councilmember includes the Town e-mail account/address. Members of the City Council may request set up of automatic forwards from their Town email account directly to their personal email account.

The Town will retain all incoming and outgoing e -mail messages from the City Council e-mail accounts on the Town’s server for two years. These e-mail messages are public records and are subject to disclosure through the provisions of the Public Records Act, with rare exception.

5.13 Assignment to Outside Committees, Agencies, and Organizations and as Committee Liaisons

The Town is represented by individual Councilmembers on a wide variety of outside committees and organization, such as the City/County Association of Governments (C/CAG) and the Association of Bay Area Gover nments (ABAG). Additionally, each of the Town’s standing committees is assigned one or two Councilmembers to serve as its Liaison to the City Council and the staff (see Section 4.3 “City Council Liaisons”). In January of each year, the Mayor makes Councilmember assignments as he or she deems appropriate. Coordination is provided by the City Manager and City Clerk to ensure that there are no schedule conflicts that would preclude a Councilmember from attending the meetings of the bodies to which he or she may be assigned.

6. OPERATING PROCEDURES

The City Council does most of its work in meetings which are open to the public. A detailed set of Rules of Procedure has been established for the conduct of such meetings – See Appendix A. Formal rules may occasionally appear arcane or inconvenient, but they are necessary to

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guarantee a fair and democratic process. The rules are designed to ensure Atherton's compliance with state law, to guarantee fair and equal treatment of citizens, to encourage citizen participation in civic affairs, and to foster a productive climate which encourages the communication of constructive ideas. Such rules may be temporarily set aside upon a vote of the Council where it is agreed that application of the normal rules may be inappropriate or unfair.

6.1 Ralph M. Brown Act

The Brown Act (Government Code §54950, et seq.) is a state law requiring that almost all local government business be conducted in open and public meetings. This requirement is based upon the belief that the people must remain informed about the activit ies of government in order that they may retain control over it. The Brown Act applies to the City Council, as well as all Town commissions and committees. Any time a majority of the members of one of these bodies meets face-to-face or through intermediaries or technological devices (such as phone, fax, e-mail, or letters) to hear, discuss, or deliberate upon any public business, a "meeting" is taking place as defined by the Brown Act. Social events are exceptions to this, so long as public business is not discussed.

With very few exceptions, such meetings must be open to the public and must be announced at least 72 hours ahead of time for a regular meeting and 24 hours ahead of time for a special meeting, with a posted agenda indicating the time and place of the meeting and describing each item of business which is to be discussed with enough clarity to inform the public of what action may be taken. No action may be taken at any meeting unless a quorum is present.

Action may be taken by the body onl y on items which properly and clearly appear on the meeting agenda unless a matter is added by a 4/5 vote where action is required to be taken, and the item arose after the agenda was posted. In addition, minutes of the proceedings must be taken for entry into the public record.

The City Council may from time-to-time convene properly agendized Closed Sessions pursuant to Government Code §54954.5 where the public is excluded. Such sessions are allowed for a few limited purposes, including Personnel Sessions, to discuss pending or anticipated litigation and real property negotiations.

A copy of the Brown Act is distributed to all new Councilmembers , and additional copies are available for examination at Town Hall. All members should be sure to understand this law.

Staff will be happy to assist in interpreting its requirements.

6.2 Limitations on Official Action of the City Council

While the City Council is the supreme legislative body of the Town, State , and Federal law impose certain limitations and re strictions on the powers of the Council. These limitations include:

Preemption: As a general law town, the Town of Atherton must comply with state and federal laws and therefore cannot make any rule or regulation which conflicts with or duplicates state or federal law, or conflicts with policies or regulations of the state or federal governments.

Public Purpose: All public funds must be expended for a public or municipal purpose of the Town. An improper expenditure (not authorized by law) may result in personal liability of the

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individual Councilmember.

Expenditure Limitations: At present, a State -imposed spending limitation (Gann Appropriations Limit) restricts the expenditure of most revenues to the 1978-79 fiscal year level plus or minus cost of living and population changes. This limitation may be relaxed by vote of the electorate or through the use of funds not subject to the limitation.

Discrimination: The Town may not enforce its rules, regulations, or ordinances on a discriminatory basis based on any protected status of any person or group of people. All facilities, rules, regulations, and ordinances must be applicable to everyone on an equal basis.

Civil Liberties: The state and federal constitutions guarantee certain civil liberties and civil rights, such as the right of peaceful protest, assembly, worship, speech, etc. Municipal regulations which unreasonably impinge on the lawful exercise of these rights, whether by prior restraint, prohibition, arbitrary regulation or arrest, are invalid.

Reasonableness: No municipal action can be arbitrary or excessive in scope.

6.3 Tort and Constitutional Rights Liability

A town enjoys a variety of immunities from liability based on negligence claims. The State Tort Claims Act determines under what circumstances government will be liable for injuries to property and persons not involving constitutional violations and requires that timely claims be filed ahead of any lawsuit in such matters.

6.4 Environmental Impact

The State Public Resources Code requires the Town to conduct an environmental review before undertaking any public project or approving discretionary private projects. If the environmental review discloses a reasonable probability that the project will have potentially significant environmental impacts, an Environmental Impact Report (EIR) must be prepared in accordance with the California Environmental Quality Act (CEQA). If mitigations can be made ahead of approval, it may be possible to permit a Negative D eclaration to be filed indicating that the mitigation measure have reduced potential impacts to less than significant levels. The Planning Staff is generally charged with determining what level of compliance under CEQA is required.

6.5 Resolutions

Routine business and administrative matters are accomplished by motion and resolution. As with motions, resolutions are referenced in the minutes. Resolutions are also separately maintained, numbered in sequence, and preserved in a permanent collection by the City Clerk.

Resolutions are usually prepared in advance by the City Manager or the City Attorney.

Resolutions can be introduced and enacted at the same meeting.

6.6 Ordinances

Legislative acts of the City Council intended for long -term application o r having to do with matters required by law to be created by ordinance, are enacted by ordinance. Pursuant to Government Code §41802, the City Attorney is responsible for the drafting of all ordinances.

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Ordinances must be adopted at a regular meeting or an adjourned regular meeting. The approval of an ordinance occurs in two stages: Introduction and Adoption.

6.7 Effective Date of Ordinances

Ordinances take effect 30 days from the date of adoption unless otherwise specified in the Ordinance, of in the case of an urgency ordinance which takes effect immediately.

6.8 Publication of Ordinances

The text and voting record of Ordinances are published or posted by the City Clerk within 15 days of adoption. Failure to do so may invalidate the Ordinance. S tandard posting sites are the Atherton Library, Atherton’s contracted US Post Office station, Atherton Town Hall lobby, and the Almanac newspaper. An alternative to publishing the full ordinance is to publish a summary of the ordinance. Summaries are prepared by the City Clerk. They are published at least five days prior to City Council adoption, and a certified copy of the full text is posted in the City Clerk’s office. Within five days following adoption, the summary, including the Council’s vote and date of adoption, is republished.

6.9 Quorum Requirements

A quorum must be present in order to conduct any business at a meeting. A quorum is present when a majority of the members of the Council are in attendance. The Mayor must determine that a quorum is present before business may be undertaken, and the quorum must be maintained throughout the meeting in order to continue to carry out business. If a Councilmember is recused from consideration of a certain matter, then he or she is generally not counted in order to achieve a quorum.

If it is known in advance that a quorum cannot be achieved, Councilmembers and interested parties should be notified. A notice must be posted by the City Clerk on the door of the meeting room within 24 hours of the cancellation, advising the public that the meeting has been canceled due to a lack of quorum.

6.10 Minutes

Written minutes constitute the official record of the Council’s activities. Minutes are approved by a formal motion of the Council. The minutes should record the minimum required information. They should provide a clear and concise statement of Council actions, including the motions made and the vote thereon. Reasons for making a motion, Council debate and audience reactions should not be included. Minutes include a list of who is present, the times of convening and adjournment, a record of motions mad e and votes taken, and a description of items discussed.

City Council minutes are to be kept for all meetings. In addition, all meetings are also videotaped and archived. The City Clerk produces the written minutes from these recordings.

6.11 Agendas and Agenda Packets

The City Manager, in consultation with the Mayor and/or the City Staff, schedules items for City Council agendas. Other Councilmembers, as well as members of the public, may also request

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that certain topics be placed on the agenda; however, the agenda is ultimately the responsibility of the City Manager, and he or she is not required to add items simply because a request has been made. Because of the posting requirements of the Brown Act, requests for additions to the agenda must be made at least 72 hours prior to a meeting.

Prior to each regular or special meeting, the City Clerk compiles an agenda packet which contains the agenda, all staff reports, communications, resolutions, ordinances, and other relevant supporting materials. Agenda packets for City Council meetings will be available at Town Hall at least three days before each scheduled meeting. In addition, the Brown Act requires that the City Clerk print and post the agendas at least 72 hours before regular meetings and 24 hours before special meetings.

The City Clerk’s Office posts the City Council agenda at the following locations: (a) Atherton Town Offices; (b) Atherton Branch Library ; (c) Town Council Chambers ; (d) on the Town’s website and through the websites online newsflash. The agenda specifies the time, date, and location of the meeting and contains a brief description and proposed action of each item of business to be transacted or discussed at the meeting.

Any citizen may submit written comments to the Council through the City Clerk or City Manager’s office. Council will receive copies ion the agenda packet provided such comments are received before the schedule meeting. Written comments can be submitted to the City Clerk or City Manager’s office up to the time of the meeting and distributed to the Council and the public at the meeting.

In order to be prepared for the meetings, Councilmembers should read the agenda packet and contact the City Manager with any questions regarding the information presented.

6.12 Actions Limited to Posted Agenda

In general, the City Council cannot take action on any item not appearing on the posted agenda except under rare exceptions permitted by the Brown Act, usually to add critical matters that arose after posting of the agenda.

6.13 Public Comments

Persons wishing to address the Council on any matter within the jurisdiction of the Town and not on the posted agenda are invited to do so during the Public Comment portion of the meeting. This period is limited three minutes per person. The Council is not able to undertake extended discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda.

6.14 Public Hearings

Some actions must be preceded by a public hearing primarily for the purpose of soliciting testimony from the general public. The Municipal Code and state law require public hearings for the consideration of certain issues, such as zoning amendments, conditional use permits, and fee increases. Official notice of public hearings will be published in the "Almanac" at least ten days before the hearing. Members of the public who wish to submit written statements may do so. Members of the public may also speak during the hearing. However, if there are numerous people who would like to speak representing the same viewpoint, the Mayor may ask

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that a spokesperson be designated for the group and/or require that each speaker's comments be limited to a set amount of time. If a time limit is to be imposed the Mayor should announce it before any members of the public have begun speaking.

6.15 Consent Calendar

Items listed under the Consent Calendar are those items staff believes may not require Council discussion and are consi dered to be routine in nature. Ordinances introduced at a previous meeting which are brought back for adoption may also be included on the Consent Calendar.

Before taking a vote, the Mayor will allow time for the Councilmembers, staff, and the public to read the list to determine if it includes any matters on which they may have a question, or which they would like to discuss or oppose. Any Councilmember, staff, or member of the public has the right to remove any item from the Consent Calendar, in which case it is transferred to the regular agenda so that it may be considered, discussed, and voted on separately. All of the remaining items are then unanimously approved with one roll call vote.

7. CONCLUSION
This handbook is designed to provide a basic overview of the Town of Atherton and the duties associated with the office of City Councilmember. It is intended to familiarize you with the workings of your government and to help you prepare to serve. It is not an exhaustive work, nor the final authority on mat ters of procedure or conduct. If you have further questions regarding the specific details of your office or other aspects of the Town government, please feel free to contact the City Manager, City Clerk, or City Attorney.

8. APPENDICES
A – City Council Rules of Procedures
B – Code of Conduct
C- Resolution Governing Committees and Commissions
D- Rosenburg’s Rules of Order
E- City Council Approved Policies

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TOWN OF ATHERTON

CITY COUNCIL

RULES OF PROCEDURE
APPROVED MARCH 19, 2014

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RULES OF PROCEDURE

1. Authority

As provided by California Government Code Section 36813, the City Council establishes these Rules of Proced ure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules adopted in the manner provided by these Rules. It is the intent of these Rules to prevent inappropriate disruption, disturbance, or other disorderly conduct of Council meetings and to provide guidelines for conduct of members and procedures to be followed at such meetings.

2. General Rules

2.1 Rules of Order
Except in cases of conflict wi th these Rules, Rosenburg’s Rules of Order shall be used as a guide to govern the proceedings of this Council.

2.1 Quorum
Three members of the Council shall constitute a quorum
necessary to transact business. In the event a quorum is not in attendanc e, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time. If no one is present, the Clerk shall adjourn the meeting to a later date and post notice of that fact pursuant to Government Code Section 36811.

2.2 Compelling Attendance
Members must notify the Presiding Officer for the
issuance of an "excused absence" when they are unable to attend, which shall be granted. The member may notify the City Manager or City Clerk if the Presiding Officer is not available and the City Manager or City Clerk will notify the Presiding Officer of the request; or it will be noted in the minutes as an unexcused absence.

In the event of perpetual absence by members, the Council may adjourn from day to day to compel attendance under the penalties prescribed by law. The seat of a member with two or more consecutive unexcused absences from regular council meetings shall be vacated pursuant to Government Code Section 36513(b).

2.8 City Staff
The City Manager, City Attorney, and City Clerk shall attend all meetings of the Council unless excused, and in the event of an absence, a designee shall substitute.

The City Manager may make recommendations and shall have the right to take part in all discussions of the Council, but shall have no vote.

The City Attorney, upon request of the City Council or authorized representatives, shall give opinions, either written or oral, on questions of law and shall act as the Council's parliamentarian.

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The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or City Manager.

Department Heads/Employees, as required by the City Manager or requested by the Council, shall attend Council meetings.

3. Mayor - Duties

3.1 Mayor
The Mayor is elected by members of the Council for a one- year period. No member shall serve as Mayor for consecutive terms. The City Council shall meet at least annually to choose one of its members as Mayor.

3.2 Vice Mayor
The Vice Mayor shall be selected annually by a Council
majority vote. No member shall serve as Vice-Mayor for consecutive terms.

3.3 Presiding Officer
The Mayor, if present, shall preside. In the Mayor's
absence, the Vice Mayor shall preside. In the absence of both, the Councilmembers present shall elect a temporary Presiding Officer.

3.4 Call to Order
The Presiding Officer shall call the meeting to order at the hour appointed.

3.5 Preservation of Order
The Presiding Officer shall preserve strict order
and decorum, shall prevent verbal attacks on Councilmembers, staff, and/or citizens, and confine debate to the item under discussion.

3.6 Point of Order
The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the entire Council. If an appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?"

3.7 Motion to be Stated
The Presiding Officer shall state all motions
submitted for a vote and announce the result. A roll call vote shall be taken upon ordinances, and at the request of any member on any vote.

3.8 Mayor Proclamations
Mayor Proclamations will be issued at the
discretion of the Mayor for various purposes including:

 Recognizing individuals and organizations whose contributions and achievements have community-wide significance;
 Calling public attention to a significant community event, service or program;
 Highlighting a special period of observance, celebration, or recognition for community, regional, state, or national occasions.

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Mayor Proclamations do not need formal Council action or approval and individual Councilmembers can request through the Mayor that proclamations be issued. All public requests for proclamations should be directed to the City Manager or Mayor for review. It will be at the discretion of the Mayor to determine whether it is appropriate to present the proclamation at a Council meeting.

Proclamations will be issued to recognize legitimate and significant com munity achievements, contributions, and occasions. These forms of recognition are not intended for partisan, commercial or narrow individual purposes which are inconsistent with the overall policies of the City Council.

4. Order/Preparation of Agenda
Order of Business
Call to Order

1. Pledge of Allegiance

2. Roll Call

3. Presentations

4. Public Comments

5. Closed Session Report

6. City Managers Report
Consent Items
Public Hearing Items
Regular Agenda Items
Council Reports/Comments
Future Agenda Items
Public Comments
Adjournment

4.1 Agenda Preparation The agenda shall be prepared in accordance with the preparation procedure below . Insofar as possible, t he agenda shall be delivered to the Mayor, Councilmembers, and Library by 5:00 p.m. on the Friday preceding the Wednesday meeting. Council materials as much as possible shall be available for public review at the Library, and at the City Administrative Office beginning on the Friday afternoon, before the regular Wednesday Council meeting.

The agenda shall be prepared in accordance with the preparation procedures as directed by the City Manager with the following guidelines. One of the following methods may be applied for placing an item on a Council agenda:

 City Manager : The City Manager may add an item for Council consideration at a future meeting or may receive requests for agenda items from the public, staff, a committee member or a Council Member.

The City Manager shall determine whether to add the request to an upcoming Council agenda. As a matter of practice, the C ity Manager may review the request with the Mayor prior to placing it on the agenda.

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 Staff and Committees : There may be a need for agenda items which arise when a Town Committee or Commission passes a motion for Council consideration. These items may be added to the Council agenda by the City Manager no later than the second meeting following the request.

 Colleagues’ Memorandum: If at least two councilmembers prepare a colleagues' memo, the City Clerk shall place the item on the Council agenda under the Future Agenda Items Section. A colleague's memo is a written request, no more than two pages in length, presenting an item to be added to the following Agenda. The item shall be added to the next Agenda or a specific designated Agenda by a majority vote of the Council.

4.2 Public Comments
During Public Comments at a regular meeting , any
person may address the Council, provided that the item (1) is of interest to the public and is within the subject matter jurisdiction of the Council and (2) is not otherwise on the agenda. Public Comments at special meetings shall be confined to the items for consideration on the agenda.

4.3 Consent Agenda
Items listed under the Consent Agenda are those items
staff believes will not require Council discussion and are routine in content. Also listed under the Consent Agenda are resolutions confirming action from a previous meeting which are brought back for approval of form rather than approval of action. Items may be removed by any Councilmember for separate discuss ion for clarification and/or upon request by any member of the public who wishes to speak on that item.

4.4 Actions Limited to Posted Agenda
The City Council shall not take action
on any item not appearing on the posted agenda except as permitted by Government Code Section 54954.2 of the Brown Act.

5. Citizens' Rights

5.1 Addressing the Council

(1) Any person may address the Council on the following portions of the agenda:

 Public Comments, as provided in Section 4.2.
 Public hearings, as provided in Sections 7 and following.  When invited by the Mayor, prior to or during the hearing of all other portions of the agenda prior to the vote, it any, being taken.

(2) The following shall apply:

Each person addressing the Council shall step to the podium an d may give their name and address for the record. The Council may require use of Speaker Cards.

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63 Atherton City Council Rules of Procedure Page 6 of 9

It shall not be required that any person gives their name and address, but if they do not, they will not receive any follow-up response from staff or the City Council.

 A time limit may be imposed by the Council on each speaker depending on the subject matter.
 All remarks or questions shall be directed to the Mayor and Council as a body and not to any particular member.
 No person, other than mem bers of the Co uncil and the person having the floor shall be permitted to enter into the discussion.

5.2 Personal and Slanderous Remarks The Mayor shall discourage demonstrations before the Council, such as applauding or "booing". Upon instructions by the Mayor, a Sergeant -at-Arms may be appointed for the purpose of removing any person who, in the Mayor's judgment, has violated the rules of conduct and has disrupted, disturbed, or impeded the orderly conduct of the meeting.

6. Ordinances, Resolutions and Contracts

6.1 Document Approval
All ordinances, resolutions, and contracts shall,
before being placed on the agenda, be approved as to form and legality by the City Attorney. Additionally, all these documents shall be reviewed by the City Manager.

6.2 Ordinance Introduction/Adoption
Except as to urgency ordinances,
unless a member requests a full reading, a proposed ordinance will be introduced by the reading of the title only. Ordinances introduced by first reading shall not be adopted within five days of the introduction or at other than regular Council meetings unless the ordinance carries an urgency clause, in which case introduction and adoption may occur at the same meeting.

6.3 Majority Vote Required
An affirmative vote of at least a major ity of the
total membership of the Council shall be necessary to adopt an ordinance , resolution, or any order to pay money . Urgency (emergency) ordinances must be adopted by the affirmative vote of at least four members of the Council. M otions and any ot her matters may be adopted by a majority of those present, assuming there is a quorum.

6.4 Ordinance Preservation
Following adoption of an ordinance, the City
Clerk will assign a number to the ordinance, and post according to law. The ordinance shall be filed and preserved in the City Clerk's office.

7. Procedures Regarding Public Hearings

Introduction
Mayor announces subject of the public hearing.

7.1 Staff and Written Material Presentation

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64 Atherton City Council Rules of Procedure Page 7 of 9

 Written material not in the agenda pac ket, if any, (e.g. protests, etc.) are noted for the record and received and filed.
 Staff report, if any, is presented by staff member.
 Staff responds to Councilmember questions.
 Mayor declares the public hearing open/ opens public comment.

7.2 Public Comment

 Mayor instructs members of the audience: (a) speak from the podium; (b) they may give their name and address (optional) before speaking; (c) a time limit for each speaker may be designated; and (d) that repetition should be avoided.
 The applicant/representative will normally speak first.  Questions by speakers will be noted prior to Council deliberation.  Mayor declares the public hearing closed.

7.3 Council Deliberations

 After the Mayor has determined that no other member of the audience wishes to speak, the matter is returned to the City Council for deliberation.
 The Council may ask questions of speakers for clarification.  The Council makes a motion and debates.

7.4 Council Action

 Council at this time may re-open and continue the public hearing. (a) This should be done if any additional information is requested (e.g. a staff report).
(b) Continuing a public hearing to a specific date does not require additional notice.
 Council may:
(a) Vote on the item;
(b) Offer amendments or substitute motions and re-open
the hearing allowing additional public comment if needed; (c) Continue the matter to a later date for a decision. (Note:
no additional reports or testimony may be received after the hearing has been closed).

8. City Council Committees

8.1 Establishment (Appointment of Council Members Thereto) . At the regular meeting in January, the Mayor shall appoint Council members to serve on various committees for a one year term. Committees shall be created and members appointed thereto in accordance with rules and regulations set out by the City Council by the Resolution Governing Committees and Commissions as amended.

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8.2 Appointment of Council Members to City Council Committees Appointment of non-voting members to City Council Committees sh all proceed as provided by the terms and provisions of separate resolution and as amended.

Committees shall be created and members appointed thereto in accordance with rules and regulations set out by the City Council by the Resolution Governing Committees and Commissions as amended. Councilmembers shall serve as liaisons to such committees but shall have no vote.

8.3. Ad Hoc Committees
The Mayor may appoint ad hoc committees of less
than a quorum of the City Council as deemed appropriate and necessary. Such committees shall have a defined task and be of limited duration. Such committees are exempt from provisions of the Brown Act.

9. Suspension and Amendment of These Rules

9.1 Suspension Any provision of these rules not already governed by the Atherton Municipal Code may be temporarily suspended by a majority vote by the Council.

9.2 Amendment
These rules may be amended by additions or deletions or new rules adopted by a majority vote of the Council.

10. Miscellaneous Rules

10.1 Roll Call Votes
Upon demand by any Councilmember, made before the
vote is called for, a roll call vote shall be taken on the motion before the Council.

The Mayor's name shall be called last with other members' names called at random by the City Clerk. Members s hall not give explanations for their vote during roll call.

10.2 Silence
During a voice vote, silence by any member denotes an
affirmative vote.

10.3 Continuance of an Item

Continuance by a Councilmember: Any Councilmember may, with the consent of the Council, conti nue an item not subject to a deadline to an agreed upon meeting. If the Councilmember will not be in attendance at the meeting, the Councilmember's request to continue an item should be personally conveyed to the Mayor or City Manager prior to the meeting.

Continuances Requested by Someone Not a Councilmember: Anyone may request a continuance of an item by the Council. A request for a continuance may be granted by vote of the Council only if it finds that (1) the need for the continuance was beyond the control of the person requesting it, (2) the need for the continuance arose after (a) the date of the notice of public hearing was

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66 Atherton City Council Rules of Procedure Page 9 of 9 published if the item is subject to a public hearing, or (b) the time the Council agenda was posted for it ems not subject to a public hearing, and (3) continuing the matter will not unduly impact any person interested in the decision.

10.4 P
ersonal Privilege The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character, or motives of the Councilmember is in question, or where the welfare of the Council is concerned. The Councilmember may not interrupt the speaker, however, until recognized by the Mayor

10.5 Dis
senting Opinion Any member shall have the right to enter into public record reasons for dissent or disagreement against any action carried by the majority.

10.6 M
otion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following:

1. T
he motion must be made by a member who voted in the majority, although it may be seconded by any Councilmember.

2. The motion must be made prior to the adjournment of the meeting at which the original action was taken or at the next meeting.

3. The motion is debatable and has precedence over a pending motion.

10.7 Representations of Town and/or City Council policy . Councilmembers shall not represent themselves as speaking on behalf of the Town and/or the City Council without prior approval of the City Council. The statements of previously approved City Council policy may be reiterated or recalled without additional City Council approval.

11. Rules of Debate

11.1 M
ayor as Presiding Officer The Mayor may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Councilmember.

11.2 A
ppeals Any ruling of the Mayor may be appealed to the entire City Council at the request of a Councilmember. The Mayor shall call for a roll call vote to determine if the ruling is upheld.

11.3 R
ules of Parliamentary Procedure Rosenberg’s Rules of Order shall govern parliamentary procedure. The City Attorney shall serve as parliamentarian.

APPR
OVED AS TO FORM:
/s/ William B. Conners, City Attorney

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67 1
Appendix B
TO

WN OF ATHERTON
Council Code of Conduct
Approved March 19, 2014

1. PREAMBLE
The
citizens of Atherton are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. The citizens of Atherton expect public officials, both elected and appointed, and city employees to comply with both the letter and spirit of the laws of the State of California, the United States of America, the Atherton Municipal Code, and the established policies of the Town of Atherton affecting the operations of local government.

Fur
ther, public officials, both elected and appointed, and city employees are expected to be independent, impartial and fair in their judgment and actions; and public office shall be used for the public good, not for personal gain; and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To t
his end, the Atherton City Council has adopted a Code of Conduct and Procedures for members of the City Council, committees and commissions and City staff to assure public confidence in the integrity of local government and its effective and fair operation. All persons covered by this code will aspire to meet the highest ethical standards in the conduct of their responsibility as a public official, elected or appointed, and city employees.

The
Code of Conduct and Procedures shall be discussed at least annually, in either a regular meeting or a study session by the Counci l, Commissions, Committees and staff as an on -going means of developing a thorough understanding of the Code of Conduct and Procedures and the Brown Act.

REL

ATIONSHIP BETWEEN CITY COUNCIL, COMMITTEE AND COMMISSION

MEMBERS AND TOWN STAFF
The
Town of Atherton municipal government operates under a council -manager form of government as established by Atherton Municipal Code. Under this form of government, the Council provides legislative direction, sets policy and monitors its execution by Town staff. The City Manager serves as the Town’s chief executive and administrative officer and is responsible for directing the day-to-day operations of the Town.

Ex
cept for the purpose of inquiry, the Council and its members shall deal with the administrative service of the Town solely through the City Manager and neither the Council nor any member

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68 2
thereof shall give orders to any subordinate of the City Manager, either publicly or privately. A more formal procedure should be followed if Council needs staff support that requires more than thirty (30) minutes of a staff member's time. If a majority of the Council approves such a request, the City Manager will proceed with said request and report his/her findings back to the Council upon completion. The same procedure applies to Council requests of the City Attorney, except in instances involving personnel or sensitive issues.

T
he work of the Town is a team effort. Council members, Commissions, Committees and staff shall work together in a collaborative process, assisting ea ch other in conducting the affairs of the Town.

POLICY STATEMENT
The Atherton City Council has adopted this Code of Ethics to encourage public confidence in the integrity of local government and its fair and effective operation. 1 . Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Atherton and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner.

2. C
omply with the Law
Councilmembers shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Atherton Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and Town policies.

3. C
onduct of Members
Councilmembers shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, commissions, committees, ad-hoc committees, staff or the public. Differing viewpoints are healthy in the decision -making process.

Individuals have the right to disagree with ideas and opinions, but without being disagreeable.

Once the City Council, Commissions and Committees take action, members of the Council, Committee, Commission, and staff shall commit to supporting said action of the majority and not create barriers to the implementation of said action. Members of the City Council, Commissions, Committees and Staff shall not represent themselves as speaking on behalf of the Town and/or the City Council without prior approval of the City Council. The statements of previously approved City Council action may be made without additional City Council approval. 4 . Respect for Process
Councilmember duties shall be performed in accordance wit h the processes and rules of procedures established by the City Council.
5 . Conduct of Public Meetings

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Councilmembers shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. The City Council, Commissions and Committees will distinguish between free speech and malicious innuendo or personal, insulting, slanderous attacks and will not tolerate verbal abuse of any Council members, Commissions or Committee members, or staff, either from the floor or from each other. It is the responsibility of the Chair, and, if necessary, all the members of the Council, Commissions and Committees, to enforce and maintain decorum at meetings.

6. Decisions Based on Merit
Council decisions shall be based upon the merits and substance of the matter at hand.

7. Communication
It is the responsibility of Councilmembers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Councilmembers.

8. Coordination with City Staff
Appropriate City staff should be involved when Councilmembers meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed.

Councilmembers may coordinate the use of staff support through the City Manager.

9. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government.

10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public good, Councilmembers shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law.

In accordance with the law, members shall file written disclosures of their economic interest and if they have a conflict of interest regarding a particular decision, refrain from participating in that decision unless otherwise permitted by law.

11. Gifts and Favors
Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised.

12. Confidential Information
Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the Town. They shall neither disclose confi dential information without proper legal authorization nor use such information to advance their personal, financial or private interests.

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13. Use of Public Resources
Public resources not available to the general public (e.g., City staff time, equipment , supplies or facilities) shall not be used by members of Council, Committees, and Commissions for private gain or personal purposes. Staff can be used by the City Council, Commissions and Committees as a valuable resource to provide routine information on ongoing projects and programs. Council members, Commissions and Committee members shall request information needed to supplement, upgrade or enhance their knowledge about Town projects and programs directly through the City Manager.

14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Councilmembers shall not appear on behalf of the private interests of a third- party before the City Council or any commission or committee or proceeding of the City.

15. Advocacy
To the best of their ability, Councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the Council or the City.

16. Improper Influence
Councilmembers shall refrain from using their position to improperly influence the deliberations or decisions of Town staff, commissions or committees.

17. Policy Role of Members
Councilmembers shall respect and adhere to the Council-Manager structure of the Atherton City government as provided in State law and the Atherton Municipal Code.

18. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive environment for residents and Town employees.

19. Implementation
Ethics standards shall be included in the regular orientations for City Council candidates.

Councilmembers entering office shall sign a statement affirming they read and understood the Town of Atherton’s City Council Code of Ethics.

20. Compliance and Enforcement
Councilmembers themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government.

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71 R
esolution No. 21-14 Page 1 of 11 September 15, 2021
RESOLUTION 21 -14
AMENDS RESOLUTION 20-26
A Resolution of the City Council of the Town of Atherton Establishing and Governing Town Committees
Amended May 16, 2018
Amended May 15, 2019
Amended October 26, 2020
Amended September 15, 2021
T
he City Council of the Town of Atherton hereby resolves as follows:

Section 1. Establishment of Committees
T
he following committees are established for the Town of Atherton:

1. A
udit/Finance Committee

2. Environmental Programs Committee

3. Park and Recreation Committee

4. Rail Committee

5. Transportation Committee

6. Bicycle and Pedestrian Advisory Committee
Section 2. Committee Principles and Rules of Procedure
Principles: All committees shall follow the City Council Rules of Procedure, the Atherton Municipal Code , the Political Reform Act, and the provisions of the California Open Public Meeting Law (Brown Act). These resources may be found on the Town’s website and/or via the City Clerk’s Office. All members shall attend an education and training session hosted by the City Attorney and City Clerk upon appointment.

T
he responsibility and accountability for all work necessary to efficiently and cost effectively carry out the advisory functions of each committee shall rest exclusively with the Chairman or Council Member assigned to the committee.

A
Town Department is assigned to each Committee. Each Department Manager is responsible for providing the necessary staff (in the most cost -effective manner) to prepare for,and attend committee meetings. This includes but is not limited to meeting with the Committee Chair and City Council Liaison in advance of each meeting to create an agenda; prepare the agenda packet; take and prepare minutes; and conduct follow up from meetings.

Committee Agenda Preparation: In general practice, the staff liaison to each committee shall meet with the Committee Chair and the City Council Liaison in advance of each upcoming meeting to review the meeting agenda. Regular agenda items, such as approval of meeting minutes, follow- up staff reports, and general information reports shall be added to the agenda as needed. Other items shall be added through one of the methods described below.

Appendix C

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One of the following methods may be used for placing an item on a Committee agenda:

1. Council: A majority vote of the Council may direct staff to add an item to a Committee agenda.

2. City Manager: The City Manager may receive requests for agenda items from the public, staff, a committee member or a Council Member. The City Manager will review the request with the Committee Chair and City Council liaison. The City Manager shall have sole discretion to refer the request to the City Council at the next available meeting, or schedule the item for the Committee agenda.

3. Staff and Committees: There may be a need for routine agenda items which may arise out of committee meeting discussions; are requested a nd agreed on by a majority of the Committee as part of Future Agenda Items ; or items created from staff follow up of previous Committee and/or staff meetings. These items may be added to a future agenda following an agenda preparation meeting between the Committee Chair, Council Member liaison and staff liaison.

4. Colleagues’ Memorandum: If at least two committee members prepare a colleagues' memo, the staff liaison shall place the item on the Committee’s agenda under a Future Agenda Items Section. A colleague's memo is a written request, no more than two pages in length, presenting an item to be added to a future agenda. Upon review of the colleagues’ memo, the Committee shall not discuss the merits of the item itself; but shall solely discuss whether to add the item to a future agenda for discussion. Upon majority vote of the Committee, the item shall be added to the next agenda or a specific designated Agenda.

Committee Procedures for placing items on Council agenda:

1. Committee Action: Any formal recommendation to Council taken by a Committee shall be placed on a City Council agenda within the next two regular meetings.

The City Clerk has overall responsibility for posting committee agendas.

Advocate: Collectively, committees are encouraged to advocate positions to the City Council on matters under the purview of their committee. Otherwise, no committee or any of its members shall represent itself or themselves as speaking on behalf of the Town, City Council, and/or committee without prior approval of the City Council. Individual members are not authorized to make public statements or comments on matters within the purview of their committee outside of the normal committee process. It could be perceived as using the member’s posi tion to indicate some special knowledge or understanding of the matter, or to confuse members of the public with respect to whether the comments are being made to improperly influence an agency decision.

Committee members should refrain from using their title when addressing other boards, commissions, committees, or the City Council to avoid creating an appearance of special status to the public. Statements of previously approved City Council policy may be made without additional City Council approval. When there is a question, a committee member shall consult the City Attorney for advice. Members of committees may attend meetings of other committees and the City Council; however, members shall not present opinions of their own committee at such meeting unless the position is previously approved by their committee. A quorum of a committee may attend such a meeting, but they may not discuss among themselves Town business, nor

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comment or discuss the matter under consideration unless authorized to do so by the committee to avoid a possible Brown Act violation.

Educational Materials : Committees may provide approved educational materials to the public regarding the functions and actions of the committee, but shall not engage in advocating to the public any particular position which is contrary to City Council policy. Any educational materials sent to the public shall be approved by the City Manager, and shall follow the Town’s procurement process. It shall be the City Manager’s discretion on whether or not the educational materials need Council approval beforehand.

Meetings: The Committee shall establish a regular meeting schedule on an annual basis in July.

The Department assigned to the committee shall update the website to reflect the meeting schedule.

Changes in the dates or time of meetings from the established schedule may be made by majority vote of the committee.

Minutes: Staff shall prepare action minutes for all committees. Action minutes shall be presented to the City Clerk within 7 days following the meeting or as soon as feasible if there is a reason not to produce them within that timeframe. Finalized minutes should be sent electronically to the City Clerk for posting, after the Committee has approved them. The City Clerk will share appropriate information received from the minutes with the City Manager and City Council.

Reports: If desired by the City Council, a n annual report shall be created and approved by the Committee and provided to the City Manager, City Clerk and City Council of committee activities for the preceding year.

Special Meetings: The Chair or a majority of the Committee may call a special meeting at any time in accordance with the Brown Act.

Website: Any website created for a Committee by the Town shall be incorporated into the Town’s website. If created, websites shall be developed in accordance with the “advocate” section of this resolution.

Section 3: Appointment of Voting Members to Committees

Appointment: Members other than City Council Members shall be appointed following recruitment process set forth by the City Clerk and approved by the City Council. With the exception of the Bicycle and Pedestrian Advisory Committee as described, all appointed members shall be registered voters in the Town. Members shall serve at the pleasure of the City Council, or until the expiration of their terms set out below. The terms of the Members were staggered pursuant to Resolution No. 19-07 with subsequent terms of appointment reverting to the standard 4-year term. Vacancies in any committee arising from any reason, including expiration of term, shall be filled by temporary appointment of the City Council, or by annual recruitment. The Committee Chairperson or staff assigned shall notify the City Clerk of resignations and vacancies.

Each Committee which cannot fill at least 50% of its seats shall be postponed until the Town can recruit at least a quorum (50%+1). During that time, the City Council s hall continually recruit qualified individuals and town staff shall continue to advertise periodically.

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Term expiration dates shall end on June 30. Appointed committee members shall serve no more than two full consecutive terms on the committee to which they are appointed. A member may be reappointed to the committee following a minimum two (2) year hiatus. However, if a seat is vacant and no one applies, City Council may grant an exemption.

City Council representatives and any alternates on committees are selected by the Mayor and approved by the City Council to serve a one (1) year term. Appointed City Council Members and City Council Member Alternates shall serve as liaisons to Committees; but shall not serve as voting members to Committees. Alterna tes participate on committees in the absence of the appointed Council Members. For each Committee, unless otherwise directed by the City Council, one City Council member shall be appointed as a primary liaison and one as an alternate. Members shall coordinate attendance to ensure appropriate representation.

Members who intend to be absent from a meeting shall alert the chairperson and/or staff person assigned. The Chairperson shall state during the meeting, under roll call whether the member is excused (notification was given) or absent (no notification was given). Unexcused absences of members, other than City Council Members, from two or more consecutively scheduled meetings shall result in the automatic vacation of the member’s office. The staff person assigned to the Committee shall work with the Chairperson to alert the City Clerk of consecutive absences. The City Clerk shall alert the City Manager who shall decide how to inform City Council. City Council has the authority to override this rule based on the information received.

Chairperson and Staff: Each committee shall have a Chairperson. The Committee shall select its Chair on an annual basis in July. Council Members shall not serve as Chair or Vice Chair of Committees. The Department assigned to the committee shall have the authority to appoint staff member(s) to serve Town committees. Any requests by a committee for staff work, information, or assistance from Town staff shall be made to the City Manager.

Section 4: Funding for Committees

Committees do not have authorization to expend Town resources. In the event funding for a committee activity is desired, a budget shall be prepared and presented to the City Council for review and approval as part of the Town’s regular budget process. The committee shall follow the guidelines set forth by the purchasing policy approved by City Council through Ordinance 595 and any expenditure policies developed and approved by the City Council. No Committee member shall use his or her own personal credit card. For items under $150 a committee member may request a cash advance and then come back to the Town with it emized receipts. For items over $150, a committee member shall complete a check request from the Town or have the Town purchase the goods/services.

Section 5: Committee Composition, Powers and Duties

1. Audit/Finance Committee

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The Audit/Finance Committee makes recommendations to the City Council on issues related to the Town’s audit and finances. The Committee typically meets every other month. Acting in an advisory capacity, t he Audit/Finance Committee shall have the following powers and duties:

a. Make recommendations to the City Council in all matters pertaining to Town finances; b. Discuss and consult with the City Manager on any matter pertaining to the budget, capital spending plan and the long-range financial plan for the Town; c. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s annual audit;
d. Assist staff, as needed, in the provision of oversight to the annual audit process; and, assist in the presentation of the annual audit to the City Council with recommendations as to acceptance;
e. Upon request, a dvise the City Council regarding appointment of outside auditors to complete the annual audit;
f. Assist staff as needed in the r eview of the proposed audit scope prior to commencement of annual audit.

The Committee c onsists of the Mayor, Vice Mayor and five (5) appointed resident members. Resident appointed members shall serve a term of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Finance Department is assigned overall responsibility of the Audit/Finance Committee.

Resolution 19- 07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

2. Environmental Programs Committee

The Environmental Programs Committee provides the City Council with recommendations, outreach programs, and education on environmental issues facing the Town’s natural and built environment. The Environmental Programs Committee typically meets every other month. Acting in an advisory capacity, t he Environmental Programs Committee shall have the following powers and duties:

a. Upon request, m ake recommendations (programmatic and legislative) to the City Council on all matters pertaining to the Town’s natural and built environment and the Town’s regional role and responsibilities as one of the communities on the San Francisco Bay Peninsula.
b. Pursuant to established City Council programs and policy, assist staff in the creation of pro-active community engagement programs for residents, commercial and public enterprises active within the Town’s jurisdiction.

The Environmental Programs Committee consists of five (5) appointed resident members and one (1) City Council Member liaison. Resident appointed members shall serve a term

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of four (4) years. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Planning Department is assigned overall responsibility of the Environmental Programs Committee.

Resolution 19- 07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

3. Park and Recreation Committee

The Park and Recreation Committee makes recommendations to the City Council on issues related to Holbrook Palmer Park and any active or passive recreational space within the Town. The Committee typically meets monthly. Acting in an advisory capacity, the Park and Recreation Committee shall have the following powers and duties:

a. Upon request, make recommendations to the City Council in all matters pertaining to the Town’s active and passive parks and public recreation services; b. Work with staff, as needed, to assist other governmental agencies and public and private groups in the advancement of park and recreation planning and programming; c. Work with staff to de velop and maintain a M aster Plan for active and passive recreational spaces within the Town; and, annually, in the month of April, present a report to the City Council;
d. Work with staff to r eview the annual budget for the Town’s park and recreation programs and services during the budget process and make recommendations with respect thereto to the City Council.
e. Assist staff with a review of fees and services within the Park and make recommendations with respect thereto to the City Council. f. Upon request, study and make recommendations on the acquisition and development of recreation areas, activities and facilities such as playgrounds, buildings, parks, open space and other centers of recreation;
g. Assist staff in the planning of recreation programs for the community.

The Park and Recreation Committee consists of seven (7) appointed resident members and one (1) City Council Member liaison. Of the appointed members, two members shall be representatives of the Holbrook- Palmer Park Foundation. Each of the foregoing representatives shall serve a term of two (2) years. When a vacancy arises, the City Clerk will contact each organization to request a new representative. If the organization submits more than two candidates, the City Council shall select the candidate to serve as the representative.

Remaining r esident appointed members serve a term of four (4) years. The Park and Recreation Committee meets in Holbrook-Palmer Park.

The Public Works Department is assigned overall responsibility of the Park and Recreation Committee.

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Resolution 19- 07 established staggered terms with subse quent terms of appointment reverting to the standard 4-year term.

4. Rail Committee

The Atherton Rail Committee makes recommendations to the City Council on issues related to the Town’s Rail Corridor, High Speed Rail, and Caltrain consistent with the City Council’s adopted Rail Related Policy Issues, attached hereto as Exhibit A. The Committee typically meets every other month. Acting in an advisory capacity, the Rail Committee shall have the following powers and duties:

a. Advise the City Council on all matters pertaining to High Speed Rail (HSR), the Rail Corridor and Caltrain, consistent with the City Council adopted Rail Related Policy Issues.
b. Assist staff in the research of specific impacts that HSR and other rail infrastructure and services may have on the Rail Corridor and the Town. c. Rail Committee members are authorized to act as spokespersons to articulate and advocate the Town’s Rail Related Policy Issues as they pertain to Rail Committee matters to legislatures, HSR and Caltrain board of directors, regional organizations, press and other interested parties.

The Rail Committee consists of seven (7) appointed resident members and one (1) City Council Member liaison. Resident appointed members shall serve a term of four (4) years.

The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Public Works Department is assigned overall responsibility of the Rail Committee.

Resolution 19- 07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

5. Transportation Committee

The Transportation Committee makes recommendations to the City Council on issues related to transportation , traffic, and roadway safety. The Committee typically meets every other month. Acting in an advisory capacity, the Transportation Committee shall have the following powers and duties:

a. Upon request, make recommendations to the City Council in all matters pertaining to transportation, traffic, and roadway safety within the Town. b. As needed, assist staff in the identification and review of traffic and roadway safety enhancements.
c. As needed, assist staff in the review of regional project impacts on local traffic and transportation corridors.
d. As needed, assist staff in the review of traffic safety enforcement measures.

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78 Resolution No. 21-14 Page 8 of 11 September 15, 2021

e. As needed, assist staff in the revi ew of Neighborhood Traffic Management Program requests.

The Transportation Committee consists of five (5) appointed resident members and one (1) City Council Members liaison. Resident appointed members shall serve a term of four (4) years. The Chair of the Transportation Committee also serves as a non -voting liaison to the Bicycle and Pedestrian Advisory Committee. The Chair shall select another member as his or her alternate. The Committee meets in the Council Chambers or the Town Administrative Conference Room.

The Police Department shall have overall responsibility of the Transportation Committee.

The Chief of Police will coordinate with the Public Works Department when Public Works staff are needed for the meeting.

Resolution 19- 07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

6. Bicycle and Pedestrian Advisory Committee (BPAC)

The Bicycle and Pedestrian Advisory C ommittee makes recommendations to the City Council on issues related to the Town’s Bicycle and Pedestrian Master Plan and bicycle and pedestrian network. The Committee typically meets as needed. Acting in an advisory capacity, the BPAC shall have the following powers and duties:

a. Work with staff in providing recommendations on issues related to the Town’s bicycle and pedestrian network and Bicycle and Pedestrian Master Plan. b. Make recommendations to the City Council on the selection of bicycle and pedestrian projects to be submitted for state and federal funding opportunities. c. Work with staff to promote bicycling and walking as safe and healthy alternative modes of transportation.
d. Assist Town staff in the planning, operations and maintenance of bicycle and pedestrian facilities in Town.

The BPAC consists of at least five (5) appointed members plus two non- voting liaisons, one (1) Transportation Committee Member and one (1) City Council Member. At least three (3) appointed members of the Committee must meet the requirements of the Metropolitan Transportation Committee and live or work in the Town of Atherton. Other members of the BPAC must be residents of the Town. Members shall be composed of both active bicyclists and pedestrians. The Chair and Vice Chair of the Committee shall be residents of the Town. BPAC appointed members shall serve terms of four (4) years.

The makeup of the Committee members is encouraged as follows:

• At least one member should represent schools.
• At least one member should represent an established bicycle and/or pedestrian related organization or coalition.

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79 R
esolution No. 21-14 Page 9 of 11 September 15, 2021
• A t least one member should have knowledge and interest in Countywide pedestrian and bicycle facility planning and operations.

T
he Committee meets in the Council Chambers or the Town Administrative Conference Room.

T
he Public Works Department is assigned overall responsibility of the Bicycle and Pedestrian Advisory Committee.

R
esolution 19- 07 established staggered terms with subsequent terms of appointment reverting to the standard 4-year term.

Section 6: Advice
A
ppointed members of committees are encouraged to seek advice from Town staff when they are uncertain of the foregoing rules.

T
his Resolution shall be effective immediately upon adoption. All previous resolutions governing Town committees and commissions including Resolution No. 15-10 and Resolution No. 19-07 are hereby superseded and rescinded.

I
hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the Town of Atherton at a regular meeting thereof held on the 15 th day of September, 2021, by the following vote.

AYE
S: 5 COUNCIL MEMBERS: Hawkins -Manuelian, DeGolia, Widmer, Lempres, Lewis NOES: 0 COUNCIL MEMBERS:

ABSENT: 0 COUNCIL MEMBERS:

ABSTAIN: 0 COUNCIL MEMBERS:
_________________________________

Elizabeth Lewis, Mayor
Town of Atherton
ATTEST:
____________________________

Anthony Suber, City Clerk
AP
PROVED AS TO FORM:
___________________________

Mona Ebrahimi, City Attorney

EXHIBIT A

RAIL POLICY ISSUES

ADOPTED BY THE TOWN OF ATHERTON

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80 Resolution No. 21-14 Page 10 of 11 September 15, 2021

A. HIGH-SPEED RAIL (HSR)

Legislative

In 2008, the Town voters decided against Prop 1A which authorized the HSR project. At that time, Town Resolutions, passed unanimously by the Council, oppose d the HSR project, including the Program Environmental Impact Report (EIR), Business Plan and use of the rail corridor by HSR.

The Town remains opposed to the HSR project and supports legislative initiatives to prevent the implementation of the HSR project, in its current form, through the Town. If the HSR project moves forward, the Town fully expects that the project will minimize and fully mitigate environmental impacts to the Town.

Litigation

The Town may take the position to use legal means, as deemed appropriate by the City Council, to delay, hinder or halt the implementation of Prop 1A which Atherton residents and the City Council voted to oppose.

Lobbying

The Town has engaged a lobbyist, in conjunction with other communities, to represent the Town’s interests on HSR matters.

The Council encourages members of the Town’s Rail Committee to advocate on behalf of the Town with respect to HSR in manners consistent with the above HSR Rail Policy.

B. RAIL CORRIDOR AND CALTRAIN

The Town was one of the earliest train stops on the rail corridor between San Francisco and San Jose.

Families, and later commuters, used the Atherton station for rail service to and from ‘the City’ for over 100 years. Lloyden Park was developed for residents desiring easy access to public transportation provided by the train.

In years past, Caltrain provided the Atherton Station with weekday and weekend rail service until it declared its first “fiscal emergency” citing the need to reduce costs, including station stops. As a result, the number of weekday rail stops at the Atherton Station were reduced to zero while weekend service is still provided.

Atherton is the only city on the Caltrain line that receives no weekday train service. Atherton residents have been using nearby stations in Redwood City and Menlo Park for weekday commute services and for express service on the weekends. Atherton understands that Caltrain is an integral part of the transportation system in the peninsula and still serves as an important alterative to automotive travel in and through the Town.

Further Caltrain’s fiscal health is important to maintain rail as a viable transit option.

The Atherton Station building serves as an important historical and cultural resource to the Town and should be preserved.

Town Priorities Regarding Caltrain Line and Corridor

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81 Resolution No. 21-14 Page 11 of 11 September 15, 2021

The Town recognizes that successful implementation of the Town’s rail corridor priorities with Caltrain require a partnership with Caltrain. To that end, the Town will endeavor to work with Caltrain to address the following priorities for the Atherton Station and Rail Corridor:

• Modernization of the rail system must minimize and fully mitigate any e nvironmental impact to the Town.
• Safety improvements along the rail corridor through the Town, including safety fencing and screening along the corridor, and the installation of four-quadrant gates at the Watkins Avenue rail crossing.
• Conversion of the Atherton Station building to a public amenity and civic space integrated with the Atherton Town Center, including the installation of safety fencing, removal of the center boarding platform and associated access points.
• Installation of an active transportation route to the Menlo Park Caltrain Station. • The Town seeks to perfect the Quiet Zone within the Town through the addition of four quadrant gates at the Watkins Avenue crossing , closure of the Atherton Station and repurposing of the Atherton Station building. These measures require the support and partnership of Caltrain.

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82 Appendix D
Rosenburg’s Rules of Order
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules – “Robert’s Rules of Order” – which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time, and for another purpose. If one is chairing or running a Parliament, then “Robert’s Rules of Order” is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of, say, a 5-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of “Rosenberg’s Rules of Order.”
What follows is my version of the rules of parliamentary procedure, based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. 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.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: (1) Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. (2) Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. (3) Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. (4) Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision-making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, and fully participate in the process.

Establishing a Quorum
The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. So, for example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the

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83 body has less than a quorum of members present, it cannot legally transact business.

And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais), and when that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body which establishes a quorum. So, for example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the Chair of the body who is charged with applying the rules in the conduct of the meeting. The Chair should be well versed in those rules.

The Chair, for all intents and purposes, makes the final ruling on the rules every time the Chair states an action. In fact, all decisions by the Chair are final unless overruled by the body itself.

Since the Chair runs the conduct of the meeting, it is usual courtesy for the Chair to play a less active role in the debate and discussion than other members of the body.

This does not mean that the Chair should not participate in the debate or discussion.

To the contrary, the Chair as a member of the body has the full right to participate in the debate, discussion and decision-making of the body. What the Chair should do, however, is strive to be the last to speak at the discussion and debate stage, and the Chair should not make or second a motion unless the Chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. And each agenda item can be handled by the Chair in the following basic format:

First, the Chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The Chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the Chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have.

The appropriate person or persons may be the Chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the Chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

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84 Fourth, the Chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the Chair may limit the time of public speakers. At the conclusion of the public comments, the Chair should announce that public input has concluded (or the public hearing as the case may be is closed).

Fifth, the Chair should invite a motion. The Chair should announce the name of the member of the body who makes the motion.

Sixth, the Chair should determined if any member of the body wishes to second the motion. The Chair should announce the name of the member of the body who seconds the motion. (It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the Chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the Chair.) Seventh, if the motion is made and seconded, the Chair should make sure everyone understands the motion. This is done in one of three ways: (1) The Chair can ask the maker of the motion to repeat it. (2) The Chair can repeat the motion. (3) The Chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the Chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the Chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.

Ninth, the Chair takes a vote. Simply asking for the “ayes”, and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain”.

Unless the rules of the body provide otherwise (or unless a super-majority is required as delineated later in these rules) then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the Chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the Chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision-making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

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85 Motions are made in a simple two-step process. First, the Chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words: “I move . . . . “ So, a typical motion might be: “I move that we give 10-day’s notice in the future for all our meetings.” The Chair usually initiates the motion by either (1) Inviting the members of the body to make a motion. “A motion at this time would be in order.” (2) Suggesting a motion to the members of the body. “A motion would be in order that we give 10- day’s notice in the future for all our meetings.” (3) Making the motion. As noted, the Chair has every right as a member of the body to make a motion, but should normally do so only if the Chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a 5-member committee to plan and put on our annual fundraiser.”
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion which is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused. But they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So that if a member makes what that member calls a “motion to amend”, but the Chair determines that it is really a “substitute motion”, then the Chair’s designation governs.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time. The Chair can reject a fourth motion until the Chair has dealt with the three that are on the floor and has resolved them. As a practical matter, more than three motions on the floor at one time tends to be too confusing and unwieldy for most everyone – so keep the maximum at three at three for the sake of clarity.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. So, for example, assume the first motion is a basic “motion to have a 5-member committee

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86 to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10- member committee, not a 5-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:

First, the Chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion.

If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the Chair would now deal with the second (now, the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee by 5 members or 10 members). If the motion to amend passed the Chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed the Chair would now move to consider the main motion (the first motion) in its original format, not amended.

Third, the Chair would now deal with the first motion that was placed on the floor.

The original motion would either be in its original format (5-member committee), or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate.

Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the Chair must immediately call for a vote of the body without debate on the motion):

A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the Chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

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87 A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold”. The motion can contain a specific time in which the item can come back to the body: “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

A motion to limit debate. The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call the question” or simply “question.” (As a practical matter, when a member calls for the “question” the chair can expedite things by simply asking the body if anyone wishes to continue discussing the underlying matter. If no one wishes to discuss it further, the chair can proceed to a vote on the underlying matter – without having to vote on the “question”. On the other hand, if even one member of the body wishes further discussion and debate on the underlying matter, then the chair has to treat the call for the “question” as a motion and proceed accordingly.) When a member of the body makes such a motion for the “question”, the member is really saying: “I’ve had enough debate. Let’s get on with the vote”. When such a motion is made, the Chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a 2/3 vote of the body. Note: that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a 2/3 vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a 2/3 vote.

Majority and Super-Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a 7-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which, effectively, cuts off the ability of a minority of the body to take an action or discuss and item. These extraordinary motions require a 2/3 majority (a super-majority) to pass:

Motion to limit debate. Whether a member says “I move the previous question” or “I move the question” or “I call the question” or “I move to limit debate”, it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a 2/3 vote to pass.

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88 A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

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89 Motion to close nominations. When choosing officers of the body (like the Chair) nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a 2/3 vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled, or defeated straight up.

However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a 2/3 vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a 2/3 vote to pass.

If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members.

A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50% of the body is required. So, for example, in a five-member body, if the vote is 3 in favor and 2 opposed, the motion passes. If it is 2 in favor and 3 opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion.

So, for example, in a seven-member body, if 2 members vote “no” then the “yes” vote of at least 4 members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie vote, the motion always fails since an affirmative vote is required to pass any motion. So, for example, in a five member body, if the vote 2 in favor and 2 opposed, with 1 member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. California Government Code Section 25005. Typically, this means 3 of the 5 members of the board must vote affirmatively in favor of the action. A vote of 2 to 1 would not be sufficient. A vote of 3 to 0 with two abstentions would, be sufficient. In general law cities in California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city

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90 council. California Government Code Section 36936. Cities with charters may prescribe their own vote requirements. Local elected officials are always well- advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting”. Accordingly, under the “present and voting” system you would NOT count abstain votes on the motion.

Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstain votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice? Let’s look at a few examples.

Let’s assume that we have a five-member city council voting on a motion that requires a simple majority vote to pass, and let’s assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting”. If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with 1 abstention, the motion fails.

Let’s assume we have a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and let’s further assume that the body has no specific rule on counting votes. Again, the default rule apples. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of 3 “yes”, 1 “no” and 1 “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed – so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, let’s change the scenario slightly. Let’s assume the same five-members city council voting on a motion that requires a two-thirds majority vote to pass, but let’s now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present”. Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the vote were 3 “yes”, 1 “no” and 1 “abstain”, then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.

And, how, exactly, does a member cast an “abstention” vote? Any time a member votes “abstain” or says “I abstain”, that is an abstention. However, if a member votes

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91 “present” that is also treated as an abstention (the member is, essentially, saying, “count me for purposes of a quorum, but my vote on the issue is abstain”). In fact, any manifestation of intention to vote neither “yes” nor “no” on the pending motion may be treated by the chair as an abstention. And if written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent”? Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent”. That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two- thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only be certain members of the body.

Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body – including a member who voted in the minority on the original motion - may second the motion).

If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the Chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the Chair before proceeding to speak.

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92 The Chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The Chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the Chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be: “point of privilege.” The Chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be: “point of order.” Again, the Chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the Chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.

Appeal. If the Chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the Chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the Chair discovers that the agenda has not been followed, the Chair simply reminds the body to return to the agenda item properly before them. If the Chair fails to do so, the Chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the Chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public-friendly. But in addition, and particularly for the Chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

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93 Rule Three: When the body has acted, tell the public what the body did

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94 4/4/
2013
TO

WN OF ATHERTON
Ba
nner Policy
Purpo
se and intent:

The Town of Atherton recognizes the community-wide benefit in publicizing cultural, recreational, social and other special events of local nonprofit organizations promoting events in Atherton which would be of interest to the local community, and it is the intent of this policy to establish guidelines for hanging banners at Marsh and Middlefield Road.

Ba
nner construction and materials:

Banners shall be made of a durable, flexible material, such as canvas or vinyl, have a total of (6) grommets (3 on top and 3 on bottom) for installation. Preferred banner size is 5 feet high and 12 feet long, not exceeding 25 feet long. The height requirement ensures that two banners for separate events may be hung together at the same time. No banners shall be hung exclusively, unless no other banners are scheduled.

Designation of site, priorities, and one event per banner:

Marsh and Middlefield Road is the only site where banners may be displayed. All banners must be associated with the Town of Atherton or a Town sponsored event taking place within Atherton Town limits.

Th
e following shall be the priority for display of banners in order as follows: Town of Atherton; Atherton Standing Committees, Council, Community Designated Group and Town sponsored events; Only one (1) event may be advertised in a banner.

Ap
plication for permit:

Apply in the Town Hall Administration Department for a banner permit. Banner applications are accepted for the following year beginning in December. Applicant is hereby advised that early filing of an application is recommended to ensure a space for the calendar year.

Application content:

The permit application shall include:

1. The title of event

2. Contact person

3. Name of organization and organization address

4. Applicant telephone number and email and/or facsimile number, if any Appendix E

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95 4/4/2013

5. The date(s) and location of the event

6. The name and description of the event to be publicized and a statement of the purpose of the event

7. The requested dates for banner display, not to exceed fourteen (14) days

8. Banner measurements

9. Exact wording on banner

10. Applicant signature and today’s date.

Application fee:

A $75 nonrefundable application fee shall be charged to process each banner permit application and for the cost of installation, removal and storage of the banner.

Action on permit:

Once a completed banner permit application is received, the City Manager will review the application for final approval or denial. The decision shall be made within ten (10) working days subsequent to the receipt of the completed application. Applicant will be notified of the decisions verbally or by email.

Any deviation from the approved policy will be at the City Manager’s discretion.

Banner installation, removal, and retrieval:

The Town shall perform the installation and removal of all banners. No longer than fourteen (14) days after the banner has been hung, the banner will be removed by Town staff. Exceptions are made when no other banner is scheduled for hanging. Applicant is responsible for retrieving the banner within ten (10) business days from Town Hall or banner will be disposed of.

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96 1

TOWN OF ATHERTON

Fee Waiver Policy

1. Purpose

The purpose of this policy is to establish guidelines to be used to evaluate requests for fee waivers and to implement a structure and process through which consistent information for fee waiver requests will be collected and evaluated.

This policy is only applicable to fees related to events at Holbrook Palmer Park and the display of banners in Town-authorized locations.

2. Background

Fee waivers are an expense to the Town’s General Fund. Fees are established to pay for the cost of a service provided by a Town department. When a fee waiver is granted, the Town General Fund pays the department in an amount equal to the fee waived. Only the City Council may grant a fee waiver request.

3. Policy

The City Council, may, at their sole discretion, approve or disapprove fee waiver requests.

Effective July 1, 2013 , the following general guidelines will be used to assist in the determination of whether a requested fee waiver is eligible or ineligible.

Fee waiver requests will be reviewed in the context of the overall Park budget.

Direct Town costs associated with any service or event may not be waived.

The City Council may establish a cap on the amount of fee waivers that may be granted during any fiscal year.

Eligible for fee waivers

• Atherton Standing Committees, Council, and Community Designated Groups . These groups are providing a direct service that is similar to or complementary to a Town policy goal or direct service that the Town is typically responsible for providing. • Governmental agencies that do not receive tax funding and can demonstrate an inability to pay a Town fee.

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97 2
Ineligible for fee waivers

• For-profit organizations.
• Vendors.
• Fund raising events ‐ where attendees pay a fee for admission to the event or in the case of festivals where vendors pay to participate in the event. • Other governmental agencies – unless they can demonstrate an inability to pay the Town fee.

5. Fee Waiver Request Form

All fee waiver requests must include a Fe e Waiver Request form. The form may be obtained via the Town website and/or the City Clerk’s Office. Fee Waiver Request Forms must be complete, signed, and accompanied by supporting documentation to demonstrate eligibility for the requested fee waiver. Demonstrated eligibility does not assure approval of a fee waiver request.

Fee Waiver Requests will be presented to the City Council for conside ration at a Council meeting.

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98 TOWN OF ATHERTON

CITY COUNCIL

USE OF COMPUTER HARDWARE AND SOFTWARE POLICY
Policy Approved by 5-0 vote of City Council on February 20, 2013

I. BACKGROUND

Council approved a budget to purchase iPads for use to distribute agenda materials to the City Council. This action was put into effect to reduce the amount of paper used and number of copies made in preparing agenda materials for City Council meetings.

The policy covers the following areas:

• How computer hardware and software will be issued to members of the City Council • Use of iPads and associated software
• Legal requirements, including Brown Act, Public Records Act, and prohibition on use for campaign purposes
• Personal use of iPad
• Disposal of iPad at end of term on the Council

II.

POLICY

This policy is intended to guide the use of computer hardware and software by the City Council.

However, it does not cover every situation that may arise. All existing Council policies and parliamentary laws continue to apply to Council Member conduct while using iPads.

III.

PURPOSE

The use of iPads will assist members of the City Council in the efficient performance of their duties and will also help enhance environmental sustainability by reducing the amount of paper needed for the operations of the Council.

IV.

PROCEDURE

All Council Members are requested to use an iPad to access agendas, agenda packets, and other agenda materials. Paper copies will only be available on request.

All Council Members using iPads for Town business will sign the attached agreement acknowledging understanding of and compliance with this policy.

All referenced to “iPad” include iPad2 and other iPad-series devices. The two options for obtaining an iPad are listed below:

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99 Option A: Town-issued device(s)
The Town will provide Council Members with a Town owned iPad, protective case, and necessary applications and accessories. Council Members are responsible for the general care of any Town-issued equipment. Any iPad or accessory that is broken, damaged, or fails to work properly must be taken to the City Clerk who will have IT evaluate it.

Option B: Council Member-owned device(s)
Council Members may choose to purchase or utilize their own iPads. These devices must support the applications required by the Town. The Town will not provide any hardware support for Council Member purchased and/or owned devices.

A. Software and Use
:

1. The following apply to both Town-issued and Council Member-owned devices

Council Members will be provided with the applications needed to conduct Town business. The Council Member is responsible for updating the applications and operating system(s) as updates are released. Training on the basic use of the device as well as the applications and software required by the Town for conducting Town businesses will be provided by the Town. All Town- provided data, applications, and services (such as email and calendars) will remain the property of the Town and may be accessed, altered, or removed by the Town at any time. Information on any iPad used for Town business may (with limited exceptions) be subject to the provisions of the Public Records Act.

If a Council Member believes the security of his or her device has been compromised, he or she shall immediately notify the City Manager or City Clerk. The device should be password protected and used only by the authorized Council Member. Internet use, email and other activities carried out on the iPad may be traceable to the Town of Atherton, and may impact the reputation of the Town.

Council Members shall not use the iPad in any way as to violate the public meeting requirements of the Brown Act. Council Members may not use the computer hardware and software in violation of Government Code § 54964, which prohibits the expenditure or authorization to expend public resources to “…support or oppose the appr oval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters.”

Cellular data use (not Wi-Fi) outside of the continental USA is extremely expensive. Town- issued iPads may only be used outside of the continental USA in Wi-Fi mode.The Town will not pay data fees for Council Member purchased devices incurred when used outside of this area.

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2. The following applies to Town-issued computer hardware and software

Town-issued iPads and accessories are tools for Council Members to conduct Town business.

Only personal use which is lawful, and which does not result in a gain or advantage to the user or a loss to the Town is permitted.

Town-issued iPads may be backed up, remotely wiped, restored from a backup, or restored to factory settings as necessary to maintain the technical viability of the device and/or the Town’s network. The Town does not accept responsibility for loss of files or software lost due to a wipe and backup. The Town may add, upgrade or remove software/information on the device(s) as necessary to maintain the technical viability and/or the Town’s network. In addition, the Town will retain access to and ownership of backups of the computer hardware and software’s content.

Any user ID’s and cloud backup accounts used to manage the device will be maintained by the Town.

3. The following applies to Council Member-owned computer hardware and software

Council Member-owned devices can be used without restriction, but Council Members are responsible for backing up their own devices. The Town takes no responsibility for maintaining backups of Council Member-owned devices. Town Staff will not provide any support for hardware, except for software that is required and provided for conducting Town business.

4. Data

The Town may purchase a data plan for all Town-issued devices. Use of the data plan is subject to the same restrictions as use of the device itself.

Data plans for Council Member owned devices shall be provided by the Council Member at their sole expense.

5. Return of Device

Town issued iPads shall be returned to the City Clerk when the individual Council Member’s term and service on the City Council has ended. Upon return of the iPad to the Town and following the preparation of any appropriate backup files, the device will be wiped clean of any and all information at the end of a Council Members term and service.

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101

Town of Atherton
Computer Hardware and Software Policy Agreement for City Council Members I, the undersigned City Council Member of the Town of Atherton, have been provided a copy of City Council Computer Hardware and Software Policy and understand its contents fully. I accept and understand the terms of the policy and agree to abide by all terms contained in it.

Signature:

Title:

Print Name:

Date:

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102

Permitted Apps for iPads

Must Have Free Apps

Dropbox – Online cloud storage. Needed to access agendas and packet material Adobe Acrobat Reader – Open agenda and access items by bookmarks Dragon Dictator – Converts spoken words to text
Google Docs – Cloud storage. Word processor, spreadsheets, presentation software; Records audio

Permitted Apps (not Free)

GoodReader – For reading and annotating PDF documents
QuickOffice or Apples Pages – Comparable to Microsoft Office Suite Notability – Records audio, creates timestamps and matches those to your typed notes; Useful for meetings

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103

Town of Atherton

TOWN OF ATHERTON
Approved March 19, 2014

NEPOTISM POLICY

I. PURPOSE

The residents of Atherton are entitled to have fair, ethical and accountable local government that has earned the public’s full confidence. Town officials must be permitted to fulfill their duties to represent the public to the greatest extent possible unl ess circumstances exist where such engagement is impermissible.

II. POLICY

It is the policy of the Town to restrict the hiring and/or employment of relatives of Town employees and restrict the appointment of relatives of City Council members to committees o r commissions or other appointed positions.

A “relative” is defined as a spouse, domestic partner, child or step-child.

An “employee” is defined as any person who receives a Town payroll check for services, full or hourly rendered to the Town.

Applicants for employment may not be denied the right to file an employment application and to compete in the examination process. Following examination, if the applicant is successfully certified as eligible, he/she may not be employed in a department or office in which a relative, as defined above, is employed if they:

• Perform joint duties; or
• Share responsibility or authority; or
• Report to the same Supervisor; or
• Would be supervised by or would supervise a relative; or • Are related to the cognizant City Council Member, City Manager, or Committee Member within the department or area of responsibility of such City -appointed Board, or Committee Member.

When the eligible applicant is refused employment by virtue of this provision, the name of the eligible ap plicant shall remain on the eligibility list for openings in the same classification as otherwise provided in these Rules, where no relative is employed, is supervised or supervising the vacant position.

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When two employees of the Town become married so as to create a situation in which they perform joint duties, share responsibility or authority, report to the same Supervisor, or supervise each other, then every attempt will be made to offer a transfer to another department. In the event a transfer to another department is not accepted and/or unavailable, the employee shall make the decision as to which one shall resign. In the event that neither employee resigns, the least senior employee shall be terminated.

With respect to appointment of relatives of City Council members to committees or commissions or other appointed positions, it shall be the policy of the City Council to prohibit the appointment of relatives of the City Council to the Town’s Planning Commission.

However, with respect to appointment of relatives of City Council members to bodies other than the Planning Commission, nothing in this policy shall prevent the appointment of a qualified candidate to a committee or commission by a majority vote of the City Council absent other qualified candidates.

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105

Permitted Apps for iPads

Must Have Free Apps

Permitted Apps (not Free)

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106

Atherton Social Media Policy

1. Purpose

This Social Media Policy (“Policy”) establishes guidelines for the establishment and use by the Town of Atherton (“ Town”) of social media sites as a means of conveying information to members of the public.

The intended purpose of Town social media sites is to disseminate information from the Town about the Town ’s mission, meetings, activities, and current issues to members of the public.

The Town has an overriding interest and expectation in protecting the integrity of the information posted on its social media sites and the content that is attributed to the Town and its officials.

2. Definitions

A “social media site ” is a site on the internet with is content created through and on the Internet. At this time, e xamples of social media include, but are not limited to, Facebook, Twitter, Nixle , Blogs, RSS, YouTube, LinkedIn, Instagram, GooglePlus, Pinterest, Delicious, and Flickr. For the purposes of the application of this Policy, a social media site shall not include the Town’s Official website.

A “Town social media site ” means official social media sites which the Town establishes and maintains, and over which it has control over all postings, except for advertisements or hyperlinks by the social media site’s owners, vendors, or partners developed for the purpose of sharing information via the internet . Town social media sites shall supplement, and not replace, the Town’s required notices and standard methods of communication.

“Posts” or “postings” mean information, articles, pictures, videos or any other form of communication posted on a Town social media site.

3. General Policy

a. The Town’s official website at www.ci.atherton.ca.us (or any domain owned by the
Town) will remain the Town’s primary means of internet communication. b. The establishment and maintenance of Town social media sites is subject to approval by the City Manager or his/her designee. Upon approval, Town social media sites shall bear the name and/or official logo of the Town.
c. Town social media sites shall clearly state that such sites are maintained by the Town for official use only.
d. Town maintained social media sites shall have a “no comment” policy and all sites established and maintained by the Town shall be configured to allow only the dissemination of information for official use only.

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Atherton Social Media Policy

Page 2 ends

Adopted July, 2013

e. All established sites shall comply with the Town’s Social Media Policy. f. Town social media sites shall link back to the Town’s official website for forms, documents, online services and other information necessary to conduct business with the Town.
g. Staff shall monitor content on Town social media sites to ensure adherence to bot h the Town’s Social Media Policy and the interest and goals of the Town. h. Town social media sites shall be managed consistent with the Brown Act. Members of the Town Council, Commissions and/or Boards shall not respond to, comment on, post, "like", "share", “tweet”, “re-tweet or otherwise participate in any published postings, or use the site or any form of electronic communication to respond to, blog, or engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body. i. The Town reserves the right to terminate any Town social media site at any time without notice.
j. Town social media sites shall comply with usage rules and regulations required by the site provider, including privacy policies.
k. The Town’s Social Media Policy shall be displayed to users or made available by hyperlink.
l. All Town social media sites shall adhere to applicable federal, state and local laws, regulations and policies.
m. Town social media sites are subject to the California Public Records Act. Any content maintained on a Town social media site that is related to Town business, including a list of subscribers, posted communication, and communication submitted for posting, may be considered a public record and subje ct to public disclosure. All postings on Town social media sites shall be sent to an official Town email account and maintained consistent with the Public Records Act.
n. Employees representing the Town on Town social media sites shall conduct themselves at all times as a professional representative of the Town and in accordance with all Town policies.
o. All Town social media sites shall utilize authorized Town contact information for account set-up, monitoring and access. The use of personal email accounts or phone numbers by any Town employee is not allowed for the purpose of setting- up, monitoring, or accessing a Town social media site.
p. Town social media sites may contain content, including but not limited to, advertisements or hyperlinks over which the Town has no control. The Town does not endorse any hyperlink or advertisement placed on Town social media sites by the social media site’s owners, vendors, or partners.
q. The Town reserves the right to change, modify, or amend all or part of this policy at any time.

4. Content Guidelines

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Atherton Social Media Policy

Page 3 ends

Adopted July, 2013

a. The content of Town social media sites shall only pertain to Town -sponsored or Town-endorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks.
b. Content post ed to the Town ’s social media sites must contain hyperlinks directing users back to the Town 's official website for in -depth information, forms, documents or online services necessary to conduct business with the Town of Atherton, whenever possible.
c. The Town shall have full permission or rights to any content posted by the Town , including photographs and videos.
d. Any employee authorized to post items on any of the Town ’s social media sites shall review, be familiar with, and comply with the social media site ’s use policies and terms and conditions.
e. Any employee authorized to post items on any of the Town ’s social media sites shall not express his or her own personal views or concerns through such postings. Postings on any of the Town ’s social media sites by an authorized Town employee shall only reflect the views of the Town.
f. Postings must contain information that is freely available to the public and not be confidential as defined by any Town policy or state or federal law. g. Postings may NOT contain any personal information, except for the names of employees whose job duties include being available for contact by the public. h. Postings to Town social media sites shall NOT contain any of the following:

o Comments that are not topically related to the particular posting being commented upon;
o Comments in support of, or opposition to, political campaigns, candidates or ballot measures;
o Profane language or content;
o Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, or status with regard to public assistance, national origin, physical or mental disability or sexual orientation, as well as any other category protected by federal, state, or local laws; o Sexual content or links to sexual content;
o Solicitations of commerce;
o Conduct or encouragement of illegal activity;
o Information that may tend to compromise the safety or security of the public or public systems; or
o Content that violates a legal ownership interest of any other party.

i. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster, when available.
j. The Town reserves the right to implement or remove any functionality of its social media site, when deemed appropriat e by the Town Manager or his/her designee. This includes, but is not limited to, information, articles, pictures, videos or any other form of communication that is posted on a Town social media site.

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Atherton Social Media Policy

Page 4 ends

Adopted July, 2013

k. Except as expressly provided in this Policy, accessing a ny social media site shall comply with all applicable Town policies pertaining to communications and the use of the internet by employees, including email content.

5. LAW ENFORCEMENT INFORMATION RELEASE GUIDELINES

The release of information is subject to restrictions governed by a pplicable local, state, and federal laws. No employee shall release any information that would hamper the successful conclusion of an investigation or jeopardize the safety of affected pers ons. Release of information must conform to existing policies and procedures for release, including, but not limited to, review by the City Attorney prior to release.

In general:

(a) Employees may release the following information on crime/criminal activity:

1. Basic information about a crime or incident

2. Basic information about victims, except as excluded below

3. Description of suspects

4. Basic description of weapons and vehicles used

5. Basic description of stolen items

6. Basic description of injuries and condition of victims

7. The name, age, address, and other basic information about arrestees and the charges against them

8. Information contained in arrest affidavits and other applicable crime or incident reports

9. Booking photographs

10. Suspect photographs or sketches necessary to identify an unknown offender

(b) Employees shall not release the following information:

1. Names, addresses, and any other information that would identify the victim of any crime

2. Names, addresses, or identifying information related to juvenile arrestees

3. Active criminal investigative information, active criminal intelligence information, surveillance techniques, or personnel deployment

4. Names of informants and information provided by them

5. Active Internal Affairs investigations, as governed by state law

6. Names of witnesses

7. Information concerning on-going Town of Atherton litigation

8. The identity of critically injured or deceased persons prior to notification of next-of- kin

9. Home address, telephone numbers, and familial information of law enforcement personnel

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Atherton Social Media Policy

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Adopted July, 2013

10. Any other information prohibited by state law from public disclosure

6. LAW ENFORCEMENT USE OF NIXLE

(a) When authorized/directed to send a message via NIXLE, employees will access the Town’s authorized NIXLE web page at , example “https://agency.nixle.com” and log on using the Town email address and NIXLE password. From the "control panel" on the left side of the page, choose one of three message types: Alert, Advisory, or Community. The following describes each type of message:

1. Alert
(a) intended for "urgent, must know"' and time-sensitive information, including:

1. Missing person (at-risk) alerts

2. Major building or area evacuations

3. Imminent life threatening weather/Natural disaster advisory

4. Shooting just occurred and shooting suspect is at large

5. Shelter in place advisories
(b) Alert information is sent to every user registered in the jurisdiction or defined geographic area and users cannot opt out of receiving these messages; therefore, Alert messages must be sent prudently.
(c) Posting Authority: Due to the emergent nature of Ale rts, they should only be posted with the approval of a PIO, Watch Commander, or member of the police management team.

2. Advisory
(a) Intended for less urgent, need to know information, both time -sensitive and non-time-sensitive messages, including:

1. Crime patterns

2. School lock-downs

3. BOLs (Be On the Lookout)

4. Increased terror warnings

5. Suspicious activity

6. Time-sensitive traffic messages, including:
a. A traffic collision that will either impact traffic or shut down a route for a specific period of time
b. Implications during commute hours, high traffic areas, or during special events
(b) Posting Authority: Advisory notifications may be posted by the PIO, Sergeant or above, or member of the police management team . Investigative implications should be taken into consideration on advisory postings, and de - conflicted with the Investigations Unit whenever possible.

3. Community
(a) Non-time—sensitive messages, news, and information including:

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Atherton Social Media Policy

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Adopted July, 2013

1. Police/Town sponsored Events

2. Community police meetings

3. General proactive announcements
(b) Posting Authority: General community -level notifications may be posted by the PIO, Sergeant or above, member of the police management team , or designee, with posting authority.

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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
Adopted on November 8, 2023, Resolution No. 165-2023

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Table of Contents
INTRODUCTION ......................................................................................................... 3 MISSION STATEMENT .............................................................................................. 3 VALUES ........................................................................................................................ 3 GUIDING PRINCIPLES .............................................................................................. 3 CITY SEAL ................................................................................................................... 4 CITY COUNCIL ........................................................................................................... 4 CITY COUNCIL-MANAGER FORM OF GOVERNMENT ..................................... 5 ROLES AND RESPONSIBILITIES ............................................................................ 6 CONCURRENT ROLES .............................................................................................. 8 COUNCIL COMMITTEE ASSIGNMENTS ............................................................... 9 ROLES IN DISASTER ............................................................................................... 10 COUNCIL REORGANIZATION .............................................................................. 13 ELECTED SEAT VACANCIES ................................................................................ 14 COMPENSATION ...................................................................................................... 14 TRAINING EXPENSES ............................................................................................. 15 EQUIPMENT AND SUPPLIES ................................................................................. 16 QUORUM.................................................................................................................... 16 SUBPOENAS .............................................................................................................. 16 CONDUCT OF MEETINGS ...................................................................................... 16 COUNCIL CONDUCT WITH STAFF ...................................................................... 17 BROWN ACT ............................................................................................................. 17 ROSENBERG’S RULES OF ORDER ....................................................................... 20 ABSENCES AND REMOTE ATTENDANCE .......................................................... 21 LEGISLATIVE ACTIONS ........................................................................................ 24 VOTING ...................................................................................................................... 25 BASIC PROCEDURES – MAIN MOTIONS ............................................................ 26 REQUESTS FOR AGENDA ITEMS, ORDINANCES, OR LEGAL OPINION ..... 27 MEETINGS ................................................................................................................. 28 AGENDA ORDER ...................................................................................................... 30 PUBLIC HEARINGS ................................................................................................. 32 PUBLIC PARTICIPATION ....................................................................................... 34

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MEETINGS – VIDEO STREAMED AND BROADCAST ....................................... 39 MINUTES.................................................................................................................... 39 BOARDS, COMMITTEES, AND COMMISSIONS ................................................. 39 STAFF ASSISTANCE ................................................................................................ 42 COUNCIL MAIL ........................................................................................................ 43 CONFLICT OF INTEREST ...................................................................................... 44 POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 46 POLICY ON COMMUNITY FUNDING .................................................................. 46 POLICY ON DEDICATION OF CITY FACILITIES .............................................. 47

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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, divers e 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 -Quality and Accessible Services, Facilities, and Amenities for Residents at All Stages of their Lives
• A Safe, Convenient, and Accessible Transportation Network well-connected to the Region
• 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 C hief 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 R ecognition and C ommendations 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. E nsuring 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)

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2.72.040 Disaster council powers and duties.

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)

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2.72.100 Expenditures.

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 Councilmember s 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 n otation 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 with a conflict of interest on a particular issue shall not be provided with a copy of the opinion or ordinance.

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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.

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

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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 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

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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

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 -

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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 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.

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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.

Formally noticed public hearings generally are conducted in the following format:
a) Public Hearing opened by presiding.
b) Staff presentation.

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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.

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.

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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.

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.

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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.

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

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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.

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.

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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.

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:

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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.

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.

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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, COMMITTEES AND COMMISSIONS
Boards, Committees 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 , Committees 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, Committees 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, Committee 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, Committee or Commission may be a member of any other advisory body 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, Committee or Commission, a person must be a resident of the City, and in some instances a resident of the specific council district representing, unless otherwise provided by law.

The members of each advisory body (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, Committee 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 B oard, Committee or Commission

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member may serve more than the authorized number of terms on any one Board, Committee or Commission as set forth in the Municipal Code. Appendix 8: Board and Commission Roster.

Board, Committee and Commissions are authorized to appoint advisory committees to assist them in performing their duties. A member of the Board, Committee 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 advisory bodies and shall report to at the times and in the manner which the appointing Board or Commission may require.

All Board s, Committees 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 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

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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 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

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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
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

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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 Council members may alert staff through the City Manager , or while copying the City Manager, of any requested amendments or suggestions to agenda items, so that staff may have adequate time to prepare such amendments ahead of council meetings.

COUNCIL 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.

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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, 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

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• $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 or business that may at some point in the future have an item before the City Council for consideration.

Officials must report the payment 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

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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.

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.

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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.

5491875.1

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Foster City City CouncilMarch 10, 2025

Foster City City Council
March 10, 2025