San Mateo City Council
April 1, 2024

CITY OF SAN MATEO
City Council Regular Meeting
April 1, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

AMENDED AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

April 1, 2024
To join via telephone: (408) 638-0968
Webinar ID: 883 1469 4195 Passcode: 907969
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. National Library Week – Recognition

2. Fair Housing Month – Proclamation

3. National Poetry Month – Proclamation

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

4. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of January 16, 2024, and March 4, 2024.

CEQA: This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

5. On-Call Traffic Engineering Data Collection Services – Amendment Approve Amendment No. 2 to the agreement with Innovative Data Acquisitions, LLC dba IDAX Data Solutions for On-Call Traffic Engineering Data Collection Services to increase the agreement amount by $310,000 for a revised

1 of 269

total not-to-exceed amount of $510,000; establish a contingency reserve of $30,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and approve amendments within the contingency amount.

CEQA: Approval of Amendment No. 2 to the professional services agreement is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

6. Marina Lagoon Spot Dredging Project – Agreement
Approve an agreement with Moffatt & Nichol to provide professional design and professional consultant services for the Marina Lagoon Spot Dredging Project in the amount of $207,261; establish a contingency reserve in the amount of $20,000; and authorize the Public Works Director to execute the agreement in substantially the form presented, and execute any future amendments within the contingency amount, including no-cost term extension amendments.

CEQA: Approval of this agreement for design professional and professional consultant services is not a project subject to CEQA, because it can be seen with certainty that it will not cause a direct or reasonably foreseeable indirect physical change in the environment. (Public Resources Code Section 21065.) In addition, the environmental clearance requirements of this Project will be determined during the design phase, and prior to construction of the Project.

7. San Mateo Public Library Foundation Operating Lease – Amendment Approve an Amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing on April 1, 2024, through March 31, 2025; and authorize its execution by the City Librarian.

CEQA: This lease is not a project subject to CEQA, is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

8. Boards and Commissions – Re-Establish Annual Appointment Subcommittees Re-establish Appointment Subcommittees with Mayor Diaz Nash and the Commission Liaison to interview for vacancies, approve the following Council Members addition to the Appointment Subcommittees: Deputy Mayor Newsom to the Sustainability and Infrastructure Commission; Council Member Loraine to the Planning Commission; and Council Member Lee to the Park and Recreation Commission and Planning Commission, and rescind the Council action taken on March 18, 2024 to establish Appointment Subcommittees.

CEQA: This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

9. City Council and Boards and Commission Rules and Procedures – Update Approve the amendments to the City Council Rules and Procedures and the Boards and Commissions Rules and Procedures.

CEQA: This rules update is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State

2 of 269

law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

OLD BUSINESS

10. Pedestrian Mall – Project Update/Street Barrier Selection, Business Feedback and Potential Pilot Program Receive a status update on the Pedestrian Mall project, provide direction on whether to proceed with a pilot program for the Pedestrian Mall between 1st and 2nd Avenue and on the type of traffic barriers that will be commissioned to control vehicular access on both blocks.

CEQA: This status update is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

11. Diversity, Equity, and Inclusion Task Force Accomplishments – Update Recognize the accomplishments of the Diversity, Equity, and Inclusion (DEI) Task Force and direct staff on next steps to reach the City’s external DEI objectives.

CEQA: This discussion is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.

Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

12. Charter Amendments – Public Hearing
Hold a public hearing regarding proposed City Charter amendments addressing how the Mayor is chosen, how vacancies on the City Council are filled, district elections, and other revisions; and provide direction on how to group proposed amendments between two separate ballot measures.

CEQA: This public hearing is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV:

City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday,

3 of 269

8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting
By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

4 of 269

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8596 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 01, 2024
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of January 16, 2024, and March 4, 2024.

BUDGET IMPACT:

There is no budget impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2024-01-16 Special
Att 2 – Minutes 2024-01-16 Regular
Att 3 – Minutes 2024-03-04 Special
Att 4 – Minutes 2024-03-04 Regular

STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044

5 of 269

City Council Special Meeting Minutes – 1/16/2024 Page 1 6 1
6 5

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

January 16, 2024
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, Council Members: Hedges, Lee, and Loraine AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session to consider:

1. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Danielle M., et al. v. Winchester, Noah, et al., San Mateo Superior Court Case No.: 22-CIV-01066

2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: City of San Mateo v. Argonaut Insurance Company, United States District Court - Northern District of California Case No.: 5:23-cv-02504-VKD

STUDY SESSION

3. Sustainable Buildings Strategy – Project Update
Andrea Chow, Sustainability Analyst, and Ryan Gardner, Rincon Consultants, Inc., provided a presentation and update on the development of "Electrify San Mateo - Building for the Future: City of San Mateo Sustainable Buildings Strategy."
Council recessed from 6:15 p.m. to 6:20 p.m.

Public Comment:

Sam Fishman Teri Whitehair, Gerard Manning, Robert Whitehair, Rick Bonilla, Brian Schmidt, Tom Kabat, Nolan Sermanto, Michelle Hudson, Rick Ballard, Jaden Wong, Bret Andersen, Jordan Grimes spoke in supports of measures to decarbonize buildings; Dave Clark offered suggestions for implementation; Lori Watanuki; Celeste Pagan, Glenn Tenney, Andrew Lutomirski, Michael Weinhauer, Lisa Vande Voorde, expressed concerns with cost.

Council asked additional questions of staff.

The meeting recessed at 7:06 p.m. to convene the Regular Meeting. This special meeting reconvened at 10:15 p.m. to Study Session Item #3.

6 of 269

City Council Special Meeting Minutes – 1/16/2024 Page 2 6 1
6 5
Council asked additional questions of staff and discussion and deliberation ensued. The City Manager summarized that there was unanimous agreement from Council for Option 1: “Follow State and BAAQMD requirements, continue adopted reach codes and focus on outreach/incentives”; Option 4: “Building Performance Standards for commercial buildings”; and Option 5 “Electric First Policy for City facilities”. The City Manager clarified there was interest in further research and evaluation to be conducted for Option 2: “New reach codes to encourage and/or require electrification at time of renovation”; and Option 3: “Require electric equipment upon replacement ahead of BAAQMD Zero NOx requirements”. The Council also provided direction for further research to be conducted in streamlining the permitting process, establishing city funding, and providing an equity priority area and low- income lens towards the City’s sustainable buildings strategy.

ADJOURNMENT –The meeting adjourned at 11:15 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, Deputy City Clerk

7 of 269

City Council Regular Meeting Minutes – 1/16/2024 Page 1 6 1
6 5

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
January 16, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:07 p.m.

Pledge of Allegiance
Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, Council Members: Hedges, Lee, and Loraine AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances - there were no requests.

CEREMONIAL

1. Commendatory Resolution C-3 – Recognizing Amourence Lee for her term as Mayor Council and the following members of the public offered their thanks to Council Member Lee for her service as Mayor: Noelia Corzo, Alexis Lewis, Seema Patel, Jonathan New, Jordan Grimes, Robert Whitehair, and Teri Whitehair
Council recessed from 7:36 p.m. to 7:41 p.m.

2. HIP Housing – 2024 Calendar Presentation - Dianne Whitaker, Board Member, provided a presentation and Thien- Tuong Nam, Contest Winner, read his quote.

CONSENT CALENDAR
The following items, 3 through 15, were considered to be routine by the City Council. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were three speakers. Rick Bonilla requested a description of the scope of work on Item #6. Laurie and Lisa Vande Voorde both commented on funds allocated for Items #10 and #11. Motion passed 5-0.

Moved: Hedges, Seconded: Lee
Ayes: Diaz Nash, Newsom, Hedges, Lee, and Loraine
Noes: None

3. Microsoft Enterprise Agreement – Agreement
Adopt a Resolution to approve an alternative purchasing procedure and award an agreement with CDW- Government, LLC for a three-year renewal of the City's Microsoft Enterprise Agreement for software licensing, cloud hosting, upgrades, and technical support in the amount of $765,737; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

Enactment: Resolution No. 2 (2024)

8 of 269

City Council Regular Meeting Minutes – 1/16/2024 Page 2 6 1
6 5

4. Uniform Laundry Services – Amendment
Approve Amendment No. 1 to the City's current agreement with Cintas, Inc. for uniform maintenance services through Fiscal Year 2025-26; increase the total contract amount by $330,000, and establish a contingency reserve of $25,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

5. Wastewater Treatment Plant Upgrade and Expansion Project – Final Parcel Map Adopt a Resolution to authorize the Mayor to sign the Owner’s Statement on the Final Parcel Map for the Wastewater Treatment Plant.

Enactment: Resolution No. 3 (2024)

6. 2nd & El Camino Garage Improvements – Amendment
Approve Amendment No. 2 to the design professional services agreement with MBH Architects, Inc. in the amount of $266,222, for a total agreement amount of $858,263; increase the contingency reserve in the amount of $23,000, for a total contingency amount of $80,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

7. 2nd and El Camino Garage Improvements Phase 1 – Construction Contract Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $691,909.95; establish a contingency reserve in the amount of $105,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 4 (2024)

8. Basin B Sanitary Sewer Rehabilitation Project – Construction Agreement Award a construction agreement to Westland Contractors, Inc. for the Basin B Sanitary Sewer Rehabilitation Project in an amount not to exceed $3,766,098.80; establish a contingency reserve in the amount of $570,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

9. California Department of Transportation Sustainable Communities Grant Application – Letter of Support Approve a letter of support to the California Department of Transportation for the Fiscal Year 2024-25 Sustainable Communities Grant application and authorize the Mayor to sign the letter on behalf of the City Council in substantially the form presented.

10. Ballot Measure and Community Surveys – Appropriation and Agreement Adopt a Resolution to approve a supplemental budget appropriation of $42,800 of unassigned fund balance from the General Fund and $14,300 of unassigned fund balance from the Advanced Planning Fund to increase the City Manager’s Office 2023-24 operating budget, approve an agreement with True North Research for professional services for ballot measure and community surveys in the amount of $57,100, and authorize the City Manager to execute the agreement in substantially the form presented.

Enactment: Resolution No. 5 (2024)

9 of 269

City Council Regular Meeting Minutes – 1/16/2024 Page 3 6 1
6 5

11. Ballot Measure Communications Consulting Services for the November 2024 General Election – Appropriation and Agreement
Adopt a Resolution to approve an alternative purchasing procedure and a supplemental budget appropriation of $38,000 of unassigned fund balance from the General Fund and $152,000 of unassigned fund balance from the Advanced Planning Fund to increase the City Manager’s Office 2023-24 operating budget, approve an agreement with TeamCivX for ballot measure communications consulting services in an amount not to exceed $190,000, and authorize the City Manager to execute the agreement in substantially the form presented.

Enactment: Resolution No. 6 (2024)

12. Updated City Council Appointments List
Approve the updated San Mateo Council Appointments list for 2024 that assigns Council Member Rich Hedges as external liaison to the America Supporting Americans board.

13. Business License and Regulations, and Building Security Code Amendments – Ordinance Adoption Adopt an Ordinance to amend Section 5.44.050(q) “Business Licenses and Regulations – Massage Operating Requirements” to change the lighting measurement to lumens to reflect current lighting requirements; amend Section 23.54.005 “Building Security Code – Purpose and Intent,” to remove reference to an antiquated design term, “Defensible Space Techniques;” and amend Section 23.54.020, “Building Security Code – City Communications System – High Rise Buildings” to more clearly define building heights that trigger requirements to maintain essential public safety communication networks.

Enactment: Ordinance No. 2024-01

14. Department Heads and Deputy Directors, Merit Employees’ and Hourly Per Diems Salary Schedules – Approval Adopt a Resolution to authorize and approve the City of San Mateo Department Heads, Deputy Directors’, Merit Employees’ and Hourly Per Diems’ current pay rates and ranges (salary schedules).

Enactment: Resolution No. 7 (2024)

15. Police Officer’s Association - Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding with the Police Officer’s Association for a term through January 3, 2027, and to approve a supplemental budget appropriation in the amount of $400,000.

Enactment: Resolution No. 8 (2024)
PUBLIC COMMENT (15 requests to speak)
Kelly Ryerson, Irena Mavridis, Blanca Batile, Lindsay Raike, Vikash Bhagwandin spoke on small cell facility permit process concerns; Laura Wood, Heather Wolnick, Bry Myers, Theresa Kong, Ian Chiu, Mike Swire, Jonathan New, Yiming Luo spoke on concerns relating to safety of streets and sidewalks; Lindsay Reich expressed the need to act now and enact emergency ordinance to stop installation of 5G cell towers; Jonathan New spoke on street safety. Mike Caggiano spoke regarding the conflict between Israel and Palestine; Dave Cohen spoke to standards for ethical code conduct.

City Manager Alex Khojikian provided a brief update on Vision Zero.

10 of 269

City Council Regular Meeting Minutes – 1/16/2024 Page 4 6 1
6 5

OLD BUSINESS

16. Community Flood and Storm Protection Fee – Ballot Results Jimmy Vo, Senior Engineer, and Chris Coulter, Senior Consultant, SCI Consulting Group, provided a presentation outlining the process used to conduct the balloting and detailing the resulting vote in support of the fee Public Comment: Danielle Cwirko-Godycki, Michelle Cwirko-Godycki, Mareva Godfrey, Jeff Lamont, Rich Kranz thanked property owners, Council, staff and volunteers for protecting the community from flood risk.

Motion to Adopt a Resolution certifying the tabulation results for the Community Flood and Storm Protection Fee, ordering levy of the fee for Fiscal Year 2024-25; and designating the City Manager to administer fee collection.

Motion passed 5-0.

Moved: Hedges, Seconded: Lee
Ayes: Diaz Nash, Newsom, Hedges, Lee, and Loraine
Noes: None

Enactment: Resolution No. 9 (2024)
Council recessed from 9:10 p.m. to 9:15 p.m.

NEW BUSINESS

17. Solid Waste – 2024 Rate Setting and Proposition 218 Notification Brad Underwood, Director of Public Works Provide, and Jack Johnson, Waste Management Supervisor, provided a presentation and sought direction on whether to increase solid waste rates by $5, $6, or $7 per month for residential solid waste customers; increase commercial solid waste and organics collection rates; and authorize staff to mail a notice to all property taxpayers proposing a not-to-exceed increase in solid waste, recycling, and compost collection rates for 2024. Rick Simonson, Vice President at HF&H, and Gabe Sasser HF&H Project Manager were also present to answer questions.

Consensus of Council was to support the $5 increase.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Hedges requested a portion of the $4 million dollars for stormwater protection be set aside in a fund to in case it is needed in the future. He also suggested that the Council move forward with an emergency ordinance regarding cell towers. There was not a majority Council in favor of these proposals.

ADJOURNMENT – Following a moment of silence, the meeting adjourned in memory of Council Member Lee’s Aunt at 10:10 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, Deputy City Clerk

11 of 269

City Council Special Meeting Minutes – 3/4/2024 Page 1
6 1
6 5

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

March 4, 2024
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, Council Members: Hedges, Lee, and Loraine AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances - there were no requests.

STUDY SESSION

1. Boards and Commissions Review – Study Session
Martin McTaggart, Deputy City Clerk, provided a presentation and update on the City's Boards and Commissions roles, responsibilities and configuration of its various commissions.

Public Comment: there were no speakers on this item.

Council discussion ensued and direction was provided to: (1) formalize the frequency of future Boards and Commission Reviews to every two years; (2) further review expanding the scope of the Community Relations Commission and Senior Citizens Commission; and (3) increase the number of youth commissioners to the Sustainability and Infrastructure Commission, Library Board, and Senior Citizens Commission.

2. Charter Amendments: Board and Commission Compensation and Eligibility – Study Session Prasanna Rasiah, City Attorney, provided a presentation on proposed City Charter amendments addressing Board and Commission member selection and compensation, and other revisions.

Public Comment: there were no speakers on this item.

A majority of Council provided direction to staff to further discussions towards a Charter Amendment to adjust eligibility for service on Boards and Commissions to permit non-citizens to serve. A majority of Council directed staff to not proceed with providing compensation for service and to conduct further research into options for expanding reimbursement for expenses incurred, as permitted within existing charter language. Council also decided not to pursue expanding eligibility for service to individuals under 18 years of age and residents of unincorporated San Mateo County adjacent to the City of San Mateo.

ADJOURNMENT –The meeting adjourned at 7:02 p.m.

12 of 269

City Council Special Meeting Minutes – 3/4/2024 Page 2
6 1
6 5
APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, Deputy City Clerk

13 of 269

City Council Regular Meeting Minutes – 3/4/2024 Page 1
6 1
6 5

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 4, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:15 p.m.

Pledge of Allegiance
Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, Council Members: Hedges, Lee, and Loraine AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances - there were no requests.

CEREMONIAL

1. Samaritan House 50th Anniversary – Proclamation - Laura Bent, CEO Samaritan House, received the proclamation.

CONSENT CALENDAR
The following items, 2 through 6, were considered to be routine by the City Council. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

Moved: Loraine, Seconded: Newsom
Ayes: Diaz Nash, Newsom, Hedges, Lee, and Loraine
Noes: None

2. City Council Meeting Minutes - Approval
Approve the minutes of the special meetings of December 11, 2023, December 20, 2023, February 3, 2024, and special and regular meetings of February 5, 2024 and February 20, 2024.

3. AB 481 Annual Military Equipment Report – Approval
Approve the Annual Military Equipment Report per California State Assembly Bill No. 481.

4. Gateway Park Pedestrian Bridge Replacement Project – Agreement Approve an agreement with Biggs Cardosa Associates, Inc. for design professional services for the Gateway Park Pedestrian Bridge Replacement Project in the amount not to exceed $228,000; establish a contingency reserve of $23,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.

5. Public Works Facilities Construction Manager – Amendment Approve Amendment No. 1 to the professional services agreement with Nickitas 7280, Inc. in the amount of $86,524.50, for a revised total amount of $180,708.50; and authorize the Public Works Director to execute the amendment in substantially the form presented and to execute no-cost time extensions, if necessary.

14 of 269

City Council Regular Meeting Minutes – 3/4/2024 Page 2
6 1
6 5

6. 25th Avenue Grade Separation Memorandum of Understanding – Amendment Approve Amendment No. 4 to the Memorandum of Understanding (MOU) with Peninsula Corridor Joint Powers Board and San Mateo County Transportation Authority to extend the MOU for two years and authorize the City Manager to execute the amendment in substantially the form presented.

PUBLIC COMMENT
Irena Mavridies, John Connelly, Kelly Ryerson, Philip Deardorff, Chris Misner, Cheryl Glaiser, the Dominguez Family, and Wayne expressed concerns relating to Small Cell Tower installations.

The following individuals spoke in favor of agendizing a resolution calling for a ceasefire in Gaza: Nicole Han, Lina, Inas, Samiha Erakat, Tala Michael, Tammi Michael, Rama Sousou, Amy Moore, Amena, Cristina Giutierrez, Zach Klieman, Rami Eseifan, Leilah, Rana, Maya Fallaha, Samia Shaman, Falestine El Hefinawi, Ayah, Kamilah Albahri, Samaiter, Linda Khoung, Keliana, Jing S, Dounya Matar, Justin, Merimiya, Jay Katt, Kate Kane, Sumaia Asfour, Babol Zaro, Besan Zaro, Dalaney Wan, Nasir, Hibbs, Amber, Cesar Che Rodriguez.

The following residents spoke against agendizing a ceasefire resolution: Jessica Jorkash, Anne Frank, Ornit Rose, C.C., Nadan Kanarik, Tali Arsel, Karen Moen, Alan Fisher, Leya Leydiker, David Paslan , Ron Patel, Regina, Dave Bauer, Hilit Kashani, Sigalle Michael, Barvon David, Ziv Rosen, Scott Abramson, Andrew Nemiccob, Sandy Shepler, Andrew Epstein, Rena Korb, Raz Len, Sarit Polevog, Edward Luby, Sophia Khalifa, Alec Budman, Desiree, Ben Parnas, Liat, Amir Basant, Ravid, Val, Olga, Ashley, Anne.

Council recessed from 9:20 p.m to 9:30 p.m.

PUBLIC HEARING

7. General Plan Amendment to Adopt Strive San Mateo General Plan 2040 Zachary Dahl, Interim Community Development Director, and Joanna Jansen, PlaceWorks, provided a presentation on final review and direction of the multi-year update of the General Plan 2040. This is the first public hearing and the second will occur on March 18, 2024 with a request for formal adoption of the plan.

Council asked questions of staff on housing growth, heights and densities, historic resources, and implementation, in addition to other aspects of the General Plan.

Public Comment:

Laurie Watanuki expressed need for further analysis in Environmental Impact Report for Service Commercial to address traffic impacts and historic resources. David Light provided feedback on Final Environmental Impact Report, Michelle Ma spoke on concerns impacting Study Areas 3 and 8. Jennifer Renk spoke to request 1720 S Amphlett be designated as Mixed Use Medium 1. Michael Weinhauer expressed concerns with approving the General Plan; Gene Alson objected to including contributors in the historic district ordinance; Connie Weiss and Lisa Vande Voorde spoke in favor of including contributors to the definition of historic resources. Dave Cohen expressed concerns with population numbers, Carol Eldridge and Jeremy Levine spoke in favor of High 2.

Council recessed from 11:22 p.m. to 11:31 p.m.

Council thanked staff and volunteers for their contributions to the development of the General Plan. Staff received direction from Council in support for the four recommendations provided by the Planning Commission for staff revisions to the map, and for looking at mixed use on the Marriot site for further discussion at the meeting on March 18, 2024.

15 of 269

City Council Regular Meeting Minutes – 3/4/2024 Page 3
6 1
6 5

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council in response to general public comment, a majority of council members expressed concern with the war in Gaza but declined to take up the proposed request to vote on a resolution requesting a cease fire as outside the scope of this Council.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, Council convened into Closed Session at 11:59 p.m. to consider:

8. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Danielle M., et al. v. Winchester, Noah, et al., San Mateo Superior Court Case No.: 22-CIV-01066

9. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: City of San Mateo v. Argonaut Insurance Company, United States District Court - Northern District of California Case No.: 5:23-cv-02504-VKD
ADJOURNMENT –The meeting adjourned at 12:31 a.m. on March 5, 2024.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, Deputy City Clerk

16 of 269

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 24-8503 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 01, 2024
SUBJECT:

On-Call Traffic Engineering Data Collection Services – Amendment RECOMMENDATION:

Approve Amendment No. 2 to the agreement with Innovative Data Acquisitions, LLC dba IDAX Data Solutions for On-Call Traffic Engineering Data Collection Services to increase the agreement amount by $310,000 for a revised total not-to- exceed amount of $510,000; establish a contingency reserve of $30,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and approve amendments within the contingency amount.

BACKGROUND:

In October 2019, the City reviewed quotes from two vendors for on-call traffic engineering data collection services to assist with the Citywide Traffic Calming program, Neighborhood Traffic Management program, Residential Permit Parking Program, and various other traffic and parking programs. Out of the two vendors, Innovative Data Acquisitions, LLC dba IDAX Data Solutions (IDAX) was determined to be the most qualified to provide the needed services.

Public Works subsequently entered into a three-year agreement with IDAX for services including radar speed surveys, speed surveys with pneumatic tubes, average daily traffic counts, parking studies, and intersection and turning movement counts. The data collected is used for various analyses in the programs mentioned above including, but not limited to, traffic signal modifications, pedestrian crosswalk requests, parking demand analysis, and stop sign warrants.

On April 18, 2022, City Council approved Amendment No. 1, which increased the total agreement amount from $90,000 to $200,000 and extended the term of the agreement for an additional three years to June 2025. Since the execution of the original agreement, staff’s use of IDAX’s data collection services has continued to increase annually as demands for project-related data and responses to resident requests have increased. Additionally, the types of data collected, such as pedestrian and bicycle counts and parking data for resident parking permit evaluations, have expanded. As such, the current budget for the amended agreement is close to being expended, approximately one year earlier than anticipated.

It is estimated that approximately $60,000 of additional funds will be needed to cover service costs through the next fiscal year for the programs mentioned above. Staff is also planning to perform a comprehensive parking study from IDAX in the downtown area, which is anticipated to cost approximately $250,000.

Based on the above, staff recommends the approval of Amendment No. 2 increasing the agreement amount by $310,000, increasing the total not-to-exceed amount from $200,000 to $510,000, and establishing a contingency reserve of $30,000 for unforeseen costs.

BUDGET IMPACT:

Budget for data collection services comes from various sources. There are sufficient funds in the Traffic Engineering,

17 of 269

CITY OF SAN MATEO
Downtown Parking Operations, and Citywide Parking and Transportation operating budgets to fund this amendment for the expected services to be provided.

ENVIRONMENTAL DETERMINATION:

Approval of Amendment No. 2 to the professional services agreement is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 2

STAFF CONTACT
Sang Hee Cho, Associate Engineer
[email protected]
(650) 522-7348
Bethany Lopez, Senior Engineer
[email protected]
(650) 522-7313
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288

18 of 269

Contract Amendment Page 1 of 2
Rev 7/21
AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN MATEO AND INNOVATIVE DATA SOLUTIONS, LLC dba

IDAX DATA SOLUTIONS FOR

ON-CALL TRAFFIC ENGINEERING DATA COLLECTION SERVICES
($90,000 [Original Amount], $110,000 [Amendment No. 1], $310,000 [Amendment No. 2])

This Amendment is made and entered into this day of _____________________ 2024, by and between the City of San Mateo, a municipal corporation existing under the laws of the State of California (“City”), and Innovative Data Solutions, LLC dba IDAX Data Solutions (“Consultant”).

WHEREAS, on October 21, 2019, City and Consultant entered into a Professional Consultant Services Agreement for On-Call Traffic Engineering Data Collection Services (“Agreement”); and

WHEREAS, on June 22, 2022, City and Consultant executed Amendment No. 1 increasing the Agreement amount by $110,000, for a total not-to-exceed amount of $200,000, and extended the term of the Agreement until June 30, 2025; and

WHEREAS, City and Consultant wish to amend the Agreement to update Consultant’s payment rates, and to increase the not-to-exceed Agreement amount by $310,000, for a new total not to exceed amount of $510,000.

NOW, THEREFORE, the parties agree as follows:

1. Section 5, “Payment,” of the Agreement is amended as follows:

Payment shall be made by City only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $510,000, pursuant to the rates stated in Exhibit A to this Agreement, attached and incorporated by reference.

2. Exhibit A, attached and incorporated by reference, hereby replaces Consultant’s former Payment Rates.

3. The remaining terms of the Agreement remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

19 of 269

Contract Amendment Page 2 of 2
Rev 7/21
IN WITNESS WHEREOF, CITY OF SAN MATEO and IDAX Data Solutions have executed this Amendment No. 2 on ___________________.

CITY OF SAN MATEO

CONSULTANT

Matt Fabry
Public Works Director

Date Scott Lee
Its Authorized Agent
CEO

Date

APPROVED AS TO FORM

Linh Nguyen
Assistant City Attorney
Date

20 of 269

San Mateo Pricing – Updated 2024
Not to exceed $

The prices above are broken out into orders of less than 5 items at a time or 5 or more. With 5 or more items being ordered at the same time, we can reduce our base costs to the column on the right.

ITEM
NO.

DESCRIPTION OF WORK UNIT UNIT PRICE (< 5) UNIT PRICE (5 +) 1 Radar speed survey Each $150 $130
2 3-day speed survey with pneumatic tubes Each $275 $225 3 7-day speed survey with pneumatic tubes Each $425 $325 4 3-day average daily traffic count Each $225 $200
5 7-day average daily traffic count Each $375 $275
6 3-day entering volume intersection count Each $750 $650 7 7-day entering volume intersection count Each $950 $750 8 2-hour turning movement count Each $140 $120
9 2-hour pedestrian count Each $100 $80
10 2-hour bicycle count Each $100 $80

Exhibit A

21 of 269

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-4677 File ID: 24-8499 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 01, 2024
SUBJECT:

Marina Lagoon Spot Dredging Project – Agreement
RECOMMENDATION:

Approve an agreement with Moffatt & Nichol to provide professional design and professional consultant services for the Marina Lagoon Spot Dredging Project in the amount of $207,261; establish a contingency reserve in the amount of $20,000; and authorize the Public Works Director to execute the agreement in substantially the form presented, and execute any future amendments within the contingency amount, including no-cost term extension amendments.

BACKGROUND:

The Marina Lagoon Spot Dredging Project (Project) is part of the City’s plan to perform maintenance on the City’s most prominent flood control and recreational facility. Since its construction in 1964, the Marina Lagoon has accumulated more than 314,190 cubic yards of shoaling (sediment deposition), which has reduced its utility as a flood control and recreational facility. While the City is exploring alternatives to perform a medium- to large-scale dredging project to address nearly 60 years of shoaling, this current project comprises targeted dredging up to 2,000 cubic yards from areas where stream and stormwater runoff from Laurel Creek, Borel Creek (the 19th Avenue Channel), and Leslie Creek (the 16th Avenue Channel) flow into Marina Lagoon.

On January 4, 2024, the City issued a Request for Proposals for professional design and professional consultant services for the Project. Two proposals were received by January 31, 2024. To review these proposals, staff utilized a criterion which included an evaluation and scoring method based on the firm’s qualifications. After review of the proposals, staff determined that Moffatt & Nichol was best qualified for this Project due to their technical expertise, project experience, and local knowledge. Further, while cost was not used to score the proposals received by the City, Moffat & Nichol’s proposed agreement price was significantly lower than the second proposal received by the City. The proposed term of agreement is through December 2025, unless later amended.

The design of this Project is anticipated to take nine months to complete. Subject to environmental permitting, staff intends for the Project to be advertised for construction in early 2025, and with construction occurring in Spring 2025.

Based on the above, staff recommends awarding a professional design and professional consultant services agreement to Moffatt & Nichol. Engineering services during construction, including construction inspection, and final reporting for regulatory compliance, will be negotiated once design is nearing completion and executed under a separate amendment.

BUDGET IMPACT:

Sufficient funds are available in the Wet Weather Preparation Activities (46c006) Project to award this agreement.

ENVIRONMENTAL DETERMINATION:

Approval of this agreement for design professional and professional consultant services is not a project subject to CEQA,

22 of 269

CITY OF SAN MATEO
because it can be seen with certainty that it will not cause a direct or reasonably foreseeable indirect physical change in the environment. (Public Resources Code Section 21065.) In addition, the environmental clearance requirements of this Project will be determined during the design phase, and prior to construction of the Project.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
James Yang, Associate Engineer
[email protected]
(650) 522-7575
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319

23 of 269

24 of 269

25 of 269

26 of 269

27 of 269

28 of 269

29 of 269

30 of 269

31 of 269

32 of 269

33 of 269

34 of 269

35 of 269

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-6661 File ID: 24-8585 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Library Department
MEETING DATE: April 01, 2024
SUBJECT:

San Mateo Public Library Foundation Operating Lease – Amendment RECOMMENDATION:

Approve an Amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing on April 1, 2024, through March 31, 2025; and authorize its execution by the City Librarian.

BACKGROUND:

The San Mateo Public Library Foundation (SMPLF) leases office space in the Main Library to accommodate Foundation employees who perform fund development duties in support of the Library Foundation's mission. The Commercial Property Lease Agreement and Operating Agreement between the City of San Mateo and San Mateo Public Library Foundation was signed on December 14, 2007. Subsequent lease extensions through March 31, 2024 have been approved by the City Council. This Amendment represents a one-year extension of the lease agreement on April 1, 2024 through March 31, 2025. In FY 2023-24, the Library Foundation awarded $180,000 for support of programs and collections. The successful 2022 and 2023 fundraising events made it possible for Library's cultural committees to provide cultural and educational events to the public as well enhance Library's general collection.

BUDGET IMPACT:

In consideration of the financial support the SMPLF fulfills on behalf of the San Mateo Public Library, the rental amount of the lease will continue to be set at the nominal rate of $12 per annum.

ENVIRONMENTAL DETERMINATION:

This lease is not a project subject to CEQA, is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Lease Agreement

STAFF CONTACT
Marcia Mendonca, Senior Management Analyst
[email protected]
6505227805

36 of 269

CITY OF SAN MATEO
James Moore, City Librarian
[email protected]
(650) 522-7802

37 of 269

AMENDMENT OF THE COMMERCIAL PROPERTY LEASE

AGREEMENT AND OPERATING AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

THE SAN MATEO PUBLIC LIBRARY FOUNDATION

WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and the San Mateo Public Library Foundation, a California non-profit corporation (“Foundation”), entered into a Commercial Property Lease Agreement and Operating Agreement for space at the San Mateo Main Library (“Lease”) on December 14, 2007;

WHEREAS, the lease was previously extended from December 14, 2008 through March 31, 2024; and

WHEREAS, the City and Foundation wish to amend the Lease to extend its term for one year;

NOW, THEREFORE, the parties agree as follows:

1. Paragraph 1 of the Lease is amended to read:

“The term of this Lease shall be extended through March 31, 2025, unless terminated pursuant to Paragraph 20.”

2. The remaining terms of the Agreement remain in full force and effect.

CITY OF SAN MATEO SAN MATEO PUBLIC LIBRARY

FOUNDATION

_____________________________ ______________________________

_____________________________ ______________________________ (print name) (print name)

Date: _____________________ Date: ____________________

Approved as to form:

______________________________
Assistant City Attorney

38 of 269

CITY OF SAN MATEO
4 7
7 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8551-01 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 1, 2024
SUBJECT:

Boards and Commissions – Re-Establish Annual Appointment Subcommittees RECOMMENDATION:

Re-establish Appointment Subcommittees with Mayor Diaz Nash and the Commission Liaison to interview for vacancies, approve the following Council Members addition to the Appointment Subcommittees: Deputy Mayor Newsom to the Sustainability and Infrastructure Commission; Council Member Loraine to the Planning Commission; and Council Member Lee to the Park and Recreation Commission and Planning Commission, and rescind the Council action taken on March 18, 2024 to establish Appointment Subcommittees.

BACKGROUND:

This agenda item was scheduled for the March 18, 2024 City Council Meeting. Following approval on the consent calendar, Council later in the meeting directed staff to return with the Appointment Subcommittee component of this item on the April 1, 2024 City Council meeting, to provide the Council with a further opportunity to review.

ESTABLISHING APPOINTMENT SUBCOMMITTEES:

Per the City Council Guidelines, the City Council appoints an Appointment Subcommittee for each board or commission vacancy, comprised of the Mayor (or designee) and the Council liaison to that commission. The guidelines also allow the other Council Members to participate as a member of the Appointment Subcommittee. Following the March 18, 2024 City Council Meeting, staff surveyed individual Council Members interest in participating on additional Appointment Subcommittees. The list below includes the standard Council Guideline driven Appointment Subcommittees and the additional requests received from Deputy Mayor Newsom, Council Member Loraine, and Council Member Lee (as indicated with *) to serve on further Appointment Subcommittees.

Prior to the reading of the consent calendar on April 1, 2024, the City Council have an additional opportunity to be added to any Appointment Subcommittee being scheduled.

Upon Council approval, the Appointment Subcommittees are established as follows:

1.Community Relations Commission: Mayor Diaz Nash and Council Member Loraine with advice from Housing Specialist Nicky Vu

2.Library Board: Mayor Diaz Nash and Deputy Mayor Newsom with advice from City Librarian James Moore

3.Park and Recreation Commission: Mayor Diaz Nash, Deputy Mayor Newsom, and Council Member Lee (*) with advice from Parks & Recreation Director Joanne Magrini

39 of 269

CITY OF SAN MATEO
4 7
7 3

4.Personnel Board: Mayor Diaz Nash and Council Member Hedges with advice from Human Resources Director Shawnna Maltbie

5.Planning Commission: Mayor Diaz Nash, Deputy Mayor Newsom, Council Member Loraine (*), and Council Member Lee (*) with advice from Acting Community Development Director Zach Dahl

6.Senior Citizens Commission: Mayor Diaz Nash and Council Member Lee with advice from Community Services Section Manager Stephanie Douglas

7.Sustainability and Infrastructure Commission: Mayor Diaz Nash, Council Member Loraine, and Deputy Mayor Newsom (*) with advice from Public Works Director Matt Fabry

8.Measure S Oversight Committee: Mayor Diaz Nash and Council Member Hedges with advice from Finance Director Karen Huang
RECRUITMENT SCHEDULE AND OUTREACH:

The recruitment for scheduled and unscheduled vacancies will take place between April 1, 2024, and April 16, 2024.

Appointment Subcommittee interviews will be scheduled the week of May 6, 2024, with the goal to bring appointment recommendations to the full Council at the May 20, 2024, regular meeting. 2024 Outreach and Recruitment Success Plan:

On September 18, 2023, the City Clerk’s Office presented to the City Council the 2023 Demography Study. The 2023 survey revealed disparities in representation of the wider San Mateo community on Boards, Commissions, and Committee. Staff received direction from the City Council on opportunities to bolster outreach and recruitment efforts. This direction, coupled with further research into best practices among city clerk’s offices within the state, and the City’s Diversity, Equity, and Inclusion Strategic Framework, helped with the development of San Mateo’s 2024 Outreach and Recruitment Success Plan (Attachment 2). This plan will serve as a framework for the City Clerk’s Office to help address the disparities identified within the 2023 survey. As outlined within the plan, staff will monitor applicant data and return to the Council to share the results of these efforts.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Boards and Commissions List
Att 2 – Outreach and Recruitment Success Plan

STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044

40 of 269

Updated 03/06/2024
Boards, Commissions & Committees List

Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires

COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)

1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell, Chair 06-10-21 06-10-25
1 Noopur Vyas Anand 09-06-22 06-10-26
1 Jerold Nugent 06-10-20 06-10-24
0 Alli Fitzgerald 01-17-23 06-10-24

PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers

2 John Ebneter, Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel, Vice Chair 06-10-21 06-10-26
2 Margaret Williams 07-15-19 06-10-27
0 Martin Wiggins 05-16-22 06-10-24

LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.

1 Richard Wysong 06-10-23 06-10-27
0 Sheila Canzian 04-17-23 06-10-25
0 Wendy McCall 04-17-23 06-10-24
1 Austin Volz, President 01-03-22 06-10-26
0 Shaylona Wheeler, Vice President 01-03-22 06-10-25

SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center

0 Thomas Lease 04-17-23 06-10-25
0 Anna Cwirko-Godycki 02-05-24 06-10-27
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang, Chair 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26

PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)

1 Sarah Fields, Chair 06-10-21 06-10-25
0 Regina Trapp 10-16-23 06-10-27
1 Sandra Kiapi 06-10-23 06-10-27
0 Peter Wicher 10-16-23 06-10-26
2 Heather Wolnick, Vice Chair 07-17-17 06-10-25
1 Thomas Jacob Jelniker, (YC) 11-06-23 11-06-24
1 Serene Audrey Li (YC) 11-06-23 11-06-24

SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153

COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers

0 Pamela Rittelmeyer 01-17-23 06-10-24
1 Kimi Narita, Vice Chair 04-05-21 06-10-27
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins 08-06-18 06-10-26
1 Susan Rowinski, Chair 08-06-18 06-10-25

PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)

1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Elizabeth DeWinter 06-10-23 06-10-27
1 Tony Villanueva, Vice Chair 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Adeline Jones

Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo

MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358

Vacant

0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
YC = Youth Commissioner

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, pl ease contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

41 of 269

Updated 03/06/2024
Term
Date
Appt’d
Term
Expires

MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)

0 Sandy Shepler 04-17-23 06-10-24
0 Karen Moen 04-17-23 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
0 William Yang 04-17-23 06-10-26
1 Nick Atkeson 06-10-23 06-10-27

CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)

Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler, Chair
Dianne Whitaker

INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)

Jeff Adams
Michael Carney
Chris deLong
Margaret Taylor, Chair

GENERAL PLAN SUBCOMMITTEE
Meeting: Varies

Cliff S. Robbins, Chair (Sustainability & Infrastructure Commission) Heather Wolnick, Vice Chair (Park and Recreation Commissioner) Lisa Diaz Nash (City Council Member)
Adam Loraine (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Ken Chin (San Mateo Foster City School Board Member)

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, pl ease contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

/s/ PATRICE M. OLDS, CITY CLERK

42 of 269

BOARDS, COMMISSIONS, AND

COMMITTEES

OUTREACH AND RECRUITMENT SUCCESS PLAN
2024 Annual Recruitment

43 of 269

1 Contents
Overview ................................................................................................................................... 2 City Clerk’s Office Diversity, Equity, and Inclusion Strategic Framework Initiative .... 2 Outreach Plan and Purpose ................................ ................................ ................................ ........................... 2 Objectives ................................ ................................ ................................ ................................ ................................ ... 2 Metrics for Success ................................ ................................ ................................ ................................ ............... 2 Population ................................ ................................ ................................ ................................ ................................ .. 3 Outreach Objectives ................................ ................................ ................................ ................................ ............ 3 Outreach Plan ...................................................................................................................... 4 Outreach Priorities................................ ................................ ................................ ................................ ............... 4 Recruitment Timeline ................................ ................................ ................................ ................................ ........ 4 Survey Findings and Recommendations for the 2024 Boards & Commissions Recruitment Cycle ................................ ................................ ................................ ................................ ................ 5 Metrics ..................................................................................................................................... 10 Community Organizations & Resources ............................................................ 11 Social Media Outreach .................................................................................................. 12 Resignations & Expiring Terms ............................................................................... 14

44 of 269

2 Broaden the outreach and recruitment strategies for Boards, Commissions, and Committees to bolster inclusive participation reflecting the diversity of the City of San Mateo’s community.

This plan aims to establish priorities, strategies, and messaging for Boards, Commissions, and Committee’s recruitment outreach in 2024 and beyond within the City Clerk’s Office. Aligned with the Clerk’s Office Diversity, Equity, and Inclusion Strategic Fr amework Initiative, its objective is to enhance communication and engagement during the recruitment process effectively, thereby improving overall effectiveness and wider community participation. • Increase the number of applicants per vacancy.
• Broaden the range of applicants by engaging with individuals from underrepresented groups.
• Utilize established partnerships and explore new collaborations to advertise and highlight vacancies.
• Inform the community about the City's advisory committees and ways for individuals to engage and take part in these opportunities. • Conduct and analyze results from regularly scheduled demographic studies of Boards, Commissions, and Committees , including applicant data.
• Track levels of engagement on recruitment efforts through social media and associated webpages.

City Clerk’s Office Diversity, Equity, and Inclusion
Strategic Framework Initiative
Outreach Plan and Purpose
Objectives
Metrics for Success
Overview

45 of 269

3 (See September 18, 2023 Boards and Commissions – 2023 Demography Study Agenda Report for a full comparative analysis).

While the 2023 Boards and Commissions Demographic Survey revealed progress and positive trends, representation disparities were identified.

Several populations are underrepresented . Compared to the city’s general population, people of color, multilingual individuals, renters, and young adults are underrepresented on our Boards & Commissions. The study also revealed geographic disparities in representation between Council districts.

During this year’s recruitment cycle, a concentrated effort will be made to reach these underrepresented populations.
• Identify opportunities to leverage existing relationships with community organizations and faith-based institutions.
• Partner directly with organization leadership to promote vacancies at regularly scheduled meetings and special events.
• Expand existing contact list and further develop connections that have been established but are potentially underutilized.
• Consider smaller groups comprised of volunteers, event organizers, and neighborhood leaders.

Population
Outreach Objectives

46 of 269

4 Overarching priorities to bolster recruitment and outreach to members of underrepresented communities within the City of San Mateo:

Priority #1: Engage with Community Members & Partner to Bolster Outreach Efforts Work directly with partners to engage, collaborate, and communicate throughout the outreach & recruitment process.

Priority #2: Accurate, Open, and Strategic Communication Efforts Promptly distribute accurate information related to B&C recruitment through a variety of City communication channels. Strategize key messages and create high- quality content to effectively reach and educate potential applicants.

Priority #3: Data Collection
Monitor progress and collect data throughout this year’s outreach and recruitment cycle.

Date Event
3/18/2024 Confirm Reappointments and Establish Annual Appointment Subcommittees
4/1/2024 Recruitments Begin
4/16/2024 Recruitments Close
5/6/2024 Appointment Subcommittee Interviews Begin
5/20/2024 Council Action on New Appointees
6/10/2024 Outgoing Commissioner Terms Expire
Recruitment Timeline
Outreach Plan
Outreach Priorities

47 of 269

5 Outreach to New Residents
According to the 2017 survey, the average number of years lived in San Mateo was 25 years, with over 80% residing in San Mateo for over a decade. In 2023, that average decreased to 20 years, with 70% of respondents living in San Mateo for over a decade.

A longstanding connection to the city continues to be a desirable attribute for applicants, however, outreach to new community members provides opportunities to bolster participation in future recruitments and attract applicants with different lived perspectives and experiences.

Outreach Objectives:
• Share Boards & Commissions informational material with organizations that provide realty and rental services to new residents. • Include Boards & Commissions informational material in new resident resources.

Expand existing contact list and build relationships with community organizations whose member-base consists of individuals who identify as Hispanic and Latino, as well as those who identify as Asian.

According to the 2023 B&C Demography Survey, none of the survey respondents identified as Hispanic, Latino, or of Spanish origin. 24% of the San Mateo population shares this identification. Representation of respondents who identify as Asian dropped from 24% in 2017 to 12% in 2023. 26% of the San Mateo population identifies as Asian.

Outreach Objectives:
• Identify opportunities to leverage existing relationships with community organizations and faith-based institutions.
o Partner directly with organization leadership to promote vacancies at regularly scheduled meetings and special events. • Expand existing contact list and further develop connections that have been established but are potentially underutilized.
o Consider smaller groups comprised of volunteers, event organizers, and neighborhood leaders.

Survey Findings and Recommendations for the 2024 Boards & Commissions Recruitment Cycle

48 of 269

6 Expand Messaging to Multilingual Applicants
A smaller proportion of commissioners speak a language other than English at home compared to the general population. B&C members are largely monolingual English speakers. Roughly half of San Mateo’s population speaks a language other than English.

There was a 3% decrease in bilingual B&C members between 2017 and 2023.

At present, representation on B&Cs for Asian and Pacific Islander and Spanish speaking communities is minimal compared to the San Mateo population.

Note, that while the city is not exploring recruitment specific to members of the community whose primary language is not English, outreach to multilingual individuals broadens the range of input available to advisory members as well as members of the community who speak a language other than English and may have limited English proficiency. Incorporating outreach to multilingual communities and organizations will serve to increase participation, engagement and representation from community members who do not speak English as their primary language.

Note, that while the city is not exploring recruitment specific to members of the community whose primary language is not English, incorporating outreach to multilingual communities and organizations will serve to increase participation, engagement and representation from community members who do not speak English as their primary language.

Outreach Objectives:
• Conduct outreach to applicants who speak a second language to narrow the divide between local government and community members who have limited English language proficiency.
• Provide translated resources.

Youth-Targeted Educational Messaging
Age distribution amongst Boards and Commissioners is closely aligned, consistently representative of the 25-44 age bracket, but over-represent the 65+ age bracket. However, San Mateo B&Cs lack young adult representation.

As of Fall 2023, there were no young adults under the age 25 serving (though two non-voting youth members have recently been appointed to the Parks and Recreation Commission).

Outreach Objectives:
• Develop material to educate younger populations and introduce them to the idea of serving on a Board or Commission (if they are not

49 of 269

7 presently able to apply or ineligible due to age, they may participate in future recruitments).
• Share educational material with high school student leadership programs and voter education programs to encourage youth engagement.

50 of 269

8 Outreach to Educational Institutions
According to the 2023 survey, roughly 3 in 4 B& C members have post - graduate degrees, while 1 in 4 of the San Mateo general population hold graduate or professional degrees. Members with graduate or professional degrees have increased by 7% since 2017.

An educated applicant pool is greatly desired. However, individuals who do not yet possess but are actively pursuing higher education (or participating in alternative professional programs) may also be potentially viable candidates.

Additionally, those pursuing advanced degrees or certifications are generally comprised of young adults, which is also a target population.

Outreach Objectives:
• Conduct outreach to local educational institutions and professional programs.

Outreach to renters, apartment communities, and nonprofit rental housing providers.
17% of B&C members are renters. About 48% of San Mateo residents rent.

There was a 5% increase in the percentage of members that are renters between 2017 and 2023, but homeowners continue to be disproportionately represented on B&Cs.

Outreach Objectives
• Contact apartment communities and local tenant organizations.

51 of 269

9 The map below shows the distribution of
Board and Commission Members
currently serving.

The map below shows the distribution of
applicants from January 2023 to present.

Promote Vacancies to Residents of Districts 2, 3, And 4.

Nearly half (47.9%) of Board Members and Commissioners reside in District 1.

District 5 is the second highest represented district (20.8%), followed by District 3 (14.6%), District 2 (10.4%), and District 4 (6.3%).

Outreach Objectives:
• Conduct outreach to neighborhood associations/groups & organizations in those specific areas.
• Partner with Council Members representing these districts to reach members of these communities.

52 of 269

10 Standard metrics will be tracked to measure the success of this year’s outreach and recruitment efforts.

Email Outreach
• Monitor engagement on vacancy & outreach emails (including eNews messaging containing information related to B&C recruitment)

Website
• Page views and visitor data on webpages related to recruitment as well as webpages for individual B&Cs.

Social Media
• Engagement, reach and quantity of posts related to outreach and recruitment

Printed Materials
• Number of printed materials distributed to high-traffic locations.

Other Metrics
o Applicant and appointee demographics
o In-Person/Phone inquiries
o Number of materials translated to Spanish or another language o Survey responses
o Proactive collection of applicant demographics data

Metrics

53 of 269

11 The following list of non-profit/community-based organizations provide a sample of the community organizations and resources to be contacted with to engage with Boards, Commissions, and Committee recruitments. This list is not exhaustive and is expected to grow as partnerships develop.

• American Association of University Women (AAUW)
• Center of Independence of Individuals with Disabilities • CORA (Community Overcoming Relationship Abuse)
• Human Investment Project, Inc. (HIP)
• JACL: San Mateo Japanese American Community Center
• Mid-Peninsula Boys & Girls Club, Inc.
• NAACP San Mateo Branch
• Organization of Chinese Americans San Mateo
• Peninsula Conflict Resolution Center
• Peninsula Family Service
• Peninsula Jewish Community Center
• Samaritan House
• San Mateo Adult School
• San Mateo Area Chamber of Commerce
• San Mateo County Health System, Aging and Adult Services • Self-Help for the Elderly
• Silicon Valley Community Foundation
• Taulama for Tongans

Community Organizations & Resources

54 of 269

12 Twitter Accounts
• @CityofSanMateo
• @SanMateoPD
• @SMCFireDept
• @SMFieldUpdates

Instagram Accounts
• City of SanMateo CA
• San Mateo Public Library
• San Mateo Police Department
• San Mateo Parks and Recreation
• San Mateo Consolidated Fire Department

Facebook Accounts
• City of San Mateo
• Central Park Master Plan
• Dine San Mateo
• Fire Department
• King Center
• Police Department
• Public Library
• San Mateo Parks and Recreation
• San Mateo Teens

Other ways to get the word out to large numbers of people:
• San Mateo Nextdoor - A private social network for your neighborhood.

Make sure to sign up and follow the City's Nextdoor feed for updates, news and events.
• City of San Mateo YouTube Channel - San Mateo has an ever growing collection of videos featuring community events, workshop and much more. See what we’re up too!
• NotifyMe - The City website email notification system offers a wide variety of subscriptions topics for the community.

Social Media
Outreach

55 of 269

13 In-Person Community Engagement Opportunities
Recruitment will begin in late March and close in May (with extended recruitment for any vacancies that received limited interest).

Special Events:

Event Date Lead Organization
Eggstravaganza Saturday, March 30,
2024
Parks & Recreation
Earth Day Clean Up Saturday, April 20, 2024 Public Works Bike Rodeo Saturday, May 4, 2024 Public Works
Mental Health Matters
5K
Saturday, May 18, 2024 StarVista & SM PAL
San Mateo LGBTQ+
Pride
Saturday June 1, 2024 Parks & Recreation

Recurring Events:

Event Date Lead Organization
College of San Mateo
Farmers’ Market
Saturdays, 9am –
1:00pm
Pacific Coast Farmers’
Market Association
25th Avenue San Mateo
Farmers’ Market
Begins Tuesday May 7,
2024 Tuesdays 3:00pm
– 7:00pm
Pacific Coast Farmers’
Market Association

56 of 269

14 Name
Board, Commission,
Committee
Terming
Out?
Unscheduled
Vacancy?
Reappointment
Preference
Which
Term is
Being
Requested?
Jerold
Nugent
Community
Relations No No Yes Second
Alli
Fitzgerald
Community
Relations No No Yes First Full
Wendy
McCall Library No No Yes First Full
Tony
Vilanueva Personnel No No Yes Second
Ellen Wang Senior Citizens No No Yes Second
Pamela
Rittelmeyer
Sustainability &
Infrastructure No No No First Full
Sandy
Shepler Measure S No No Yes First Full
Noopur
Vyas Anand
Community
Relations No Yes N/A N/A
Heather
Wolnick
Park and Recreation
Commission No Yes N/A N/A
Martin
Wiggins Planning No Yes N/A N/A
Monika Lee Senior Citizens Yes No N/A N/A
Resignations & Expiring Terms

57 of 269

CITY OF SAN MATEO
4 7
7 1

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 24-8590 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 01, 2024
SUBJECT:

City Council and Boards and Commission Rules and Procedures – Update RECOMMENDATION:

Approve the amendments to the City Council Rules and Procedures and the Boards and Commissions Rules and Procedures.

BACKGROUND:

At its February 5, 2024 study session, the City Council reviewed proposed amendments to the City Council’s Rules and Procedures (formerly titled City Council Guidelines) and provided specific direction in four key areas: 1) document name change; 2) meeting procedural order – i.e., taking public comment before questions; 3) appropriate continuity designation of the Council Liaison Roles; and 4) the Board and Commission appointment process. The City Council was invited to provide any additional proposed language to the City Clerk for inclusion in this second review. Council member’s proposed clean-up language or other changes are highlighted in specific colors for each Council Member in the track changes version of the Council Rules and Procedures (“Rules”).

Additionally, the City Council directed a further, facilitator-led, in-depth discussion specific to values, purpose, code of conduct and enforcement of the Rules. This public workshop has been scheduled for Thursday, May 30, 2024 from 9 am to 1 pm at the Oak Room of the main Library and will be led by facilitator Jan Perkins, retired City Manager, International City/County Management Association (ICMA) and vice president of Raftelis, a local government management consultant and facilitator.

Following this facilitated workshop and the direction received, staff will incorporate any changes and a further update will be brought back to the City Council for approval.

BUDGET IMPACT:

There is no budget impact from this administrative action.

ENVIRONMENTAL DETERMINATION:

This rules update is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – City Council Rules & Procedures - Track Changes

58 of 269

CITY OF SAN MATEO
4 7
7 1
Att 2 – Boards and Commissions Rules & Procedures – Track Changes Att 3 – City Council Rules & Procedures – Changes Accepted Att 4 – Boards and Commissions Rules & Procedures – Changes Accepted

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042

59 of 269

City Council Rules and Procedures
Guidelines
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, and October 17, 2022
Adam Loraine suggestions
Lisa Diaz Nash suggestions
Amourence Lee suggestions
Supplemental to packet release

60 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
2 1
0 0
4 9
City of San Mateo, Council GuidelinesRules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Authority of the City Council ....................................................................................4 Chapter 3. Key Governance Principles .......................................................................................5 Chapter 4. Duties .......................................................................................................................7 Chapter 5. Selection of Mayor and Deputy Mayor ..................................................................11 Chapter 6. Council Member Conduct.......................................................................................13 Chapter 7. Meetings.................................................................................................................14 Chapter 8. Meeting Agendas................................................................................................2020 Chapter 9. Financial Matters................................................................................................2323 Chapter 10. Communication ..................................................................................................2828 Chapter 11. Legislative...........................................................................................................3333 Chapter 12. Council Liaison Roles ..........................................................................................3636 Chapter 13. Boards and Commissions....................................................................................3939 Chapter 14. References..........................................................................................................4242

61 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
3 1
0 0
4 9
Chapter 1. Purpose and Overview
This handbook provides guidelines describes the way for the San Mateo City Council that describe the way the Councilto conduct does its business and the expectations for members, staff and the public to operate and engage with each other and the community as a whole . It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.

The purpose of these Rules and Procedures (Rules) guidelines is to set a standard of professionalism, civility and decorum for the conduct of the City Council’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These guidelines rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for San Mateo.

Revisions to these Rules and ProceduresGuidelines
Amendments to these Rules These guidelines, which must be approved by the City Council as a body, and are subject to review and future modification as needed.

City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167

62 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
4 1
0 0
4 9
Chapter 2. Authority of the City Council

1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.

2. General Authorities and Applicability
Charter section 2.12 and the San Mateo Municipal Code provide that the City Council shall determine its own rules and order of business. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these City Council Guidelines Rules (“Guidelines”) shall be in effect upon adoption by resolution of the Council.

3. Revisions to these Rules
The Council shall review and revise these Rules Guidelines as needed.

4. Rosenberg’s Rules of Order
To the extent these Rules Guidelines do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.

63 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
5 1
0 0
4 9
Chapter 3. Key Governance Principles
In 2022, the City will conducted its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 to holding its first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.

Key Governance Principles

1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.

B. Members of the City Council will continue to serve all residents, regardless of whether they live within their district. Any member of the City Council may be responsive to requests from anyone in the community.

2. City Management and Governance
Professional management in a Council-Manager form of government will continue, with all of the best management practices that the City Council currently receives.

3. Use of City Resources
A. The City Council will strive to use taxpayer resources efficiently and effectively, while providing consistent services for all residents. Resources will be allocated based on the City’s long-term strategic plan and citywide considerations of service levels and financial capacity.

B. Budget allocations and financial considerations will not be made based on districts.

4. Distribution of Council Duties and Events
Fair distribution of duties and assignments is a priority. Long-standing practices regarding invitations to members of the City Council to events and activities, appointments to committees and various bodies, and the process for board and commission appointments will remain in effect.

5. Communications and Access to Information

64 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
6 1
0 0
4 9
A. Council members will have equal access to information. Information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.

B. Communication resources will be provided on a citywide and/or program-level basis with equitable distribution across districts,. while being consistent with legal requirements prohibiting the use of public resources for campaign purposes

65 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
7 1
0 0
4 9
Chapter 4. Duties

1. Duties of the Council
A. Refer to the City of San Mateo Charter for a detailed description of codified duties of the City Council.

B. Disaster Responsibilities

1. In the event of a disaster, the City Council holds the following roles:
a. Primarily, to make decisions that will enable the emergency operation to continue effectively.
b. To liaison to other governmental agencies that are responding to the disaster.
c.b. To assist in the conveyance of public information.

2. See Reference the “ Elected Officials’ Guide to Managing Disasters” from the California Office of Emergency Services for a detailed description of the roles and responsibilities of Council Members in times of disaster.

2. Duties of Mayor
A. To conduct meetings of the City Council Council as its chairperson.

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained at during the meeting.

4. In presiding over matters where the public has provided comment or testimony and/or raised questions, the Mayor should:
a. At the end of the public comment period Rrestate, if any, the relevant questions raised from the public coming before the Counciland .
b. DDirect questions or comments requiring a response to staff for a response.

66 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
8 1
0 0
4 9
c.a. Ensure that staff and members of the public direct their comments to the chairpresiding officer and members.
d.b. If necessary, hHelp keep Council Member questions and comments relevant to the matter being considered by the Council. e.c. If necessary, Cconsider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f.d. Announce the decision and vote of the Council on all items, this may occur with the assistance of the City Clerk, the City Manager, City Attorney or key staff presenting.subjects.

5. To ensure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
a. Actively seek Council Member comments and ensure See thatthat Council Members ask to be recognized by the Mayor before speaking to maintain an orderly process on the dais..
b. Make sure that each Council Member has had a first chance at providing comments, before allowing a Council Member to make another statement – unless they are asked to clarify their prior statement.
a. See that Council Members ask to be recognized by the Mayor before speaking.
b.c. Ensure that each Council Member is given the opportunity to fully express their views.

B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.

C. On behalf of the City Council, to officially welcome dignitaries, officials, and special event gatherings.

D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee; provided that the vote is not inconsistent with established policies or previously expressed Council consensus.

This is expected protocol for any Council Member who represents the City on any regional bodies.

67 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
9 1
0 0
4 9
E. To correspond on behalf of the Council on subjects, issues, and legislative proposals provided that opinions expressed on behalf of the Council or City Government are not inconsistent with established policies or previously expressed Council consensus.

F. To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Council Member by action of the City Council.

G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.

H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.

I. To serve as the City’s primary media spokesperson in coordination with City staff.

Appropriate City staff should always be alerted to media contact. contact for the media.

J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.

J.K. The Mayor is still subject to all duties of council members as listed below in number 4.

3. Duties of Deputy Mayor
In the absence of the Mayor from the City or a Council meeting, the Deputy Mayor shall possess all powers of the office of the Mayor; and be subject to all prescribed duties for that office.

4. Duties of Council Members
A. Arrive on time for all Council meetings.

B. Review all meeting materials in preparation for Council meetings and whenever possible/known ahead of time direct questions to staff before the meeting if any item is unclear or clarification is needed.

B.C. Always alert staff in advance of the meeting if an item is intended to be pulled off of the Consent Calendar or whenever possible/known ahead of time an item introduced under Reports and Announcements for future Council consideration.

68 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
10 1
0 0
4 9
D. Fulfill the appointed and liaison assignments to internal and external agencies, legislators, and the City’s boards and commissions with all due diligence needed for the requirements of that particular assignment. .

E. It is the responsibility of all members to assist the Mayor in running an efficient and effective meeting by assisting with the orderly disposition of items, helping ensure all members are heard, participating fully in meaningful discussion and deliberation, keeping comments succinct, concise, civil and germane, and limiting repetitive comments. Council members are encouraged to hold their colleagues accountable for following these rules and do all in their power to contribute to the smooth running of a meeting for the community.

C.F. All Council Members are asked to alert appropriate staff when receiving media inquiries.

69 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
11 1
0 0
4 9
Chapter 5. Selection of Mayor and Deputy Mayor

1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.

2. The City Council believes that experience as a Council Member will assist those who are selected to serve as Mayor or Deputy Mayor, and that it is in the City’s best interest that these selections be made in a manner that permits the Mayor and Deputy Mayor to gain that experience in cycles of governing and to acclimate themselves to the jobs, tasks, and roles prior to assuming their respective offices.

3. It is appropriate to base such succession on rotation, and seniority and election results according to the following:

A. Each Council Member has a specified position in the rotation sequence. In any year, the first person in the sequence is typically selected as Mayor, and the second in the sequence as the Deputy Mayor.

B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.

C. When a Council Member is newly elected or appointed (as the result of a cancelled election), that new Council Member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.

D. If two or more Council Members are newly elected or appointed at the same time, the newly elected or appointed Council Members shall draw lots to determine their position relative to one another in the rotational sequence.

E. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the bottom end of the rotational list.

F. Incumbent Council Members, when re-elected, do not begin anew at the bottom end of the list, but rather retain their placement in the rotation.

G. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.

H. A Council Member may decline to serve as Mayor or Deputy Mayor. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may will drop back one position in the rotation.

70 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
12 1
0 0
4 9

4. When the Council reorganizes, the outgoing Mayor will nominate the Deputy Mayor to succeed him/her. The newly appointed Mayor will then nominate the next Council Member in the rotational sequence to serve as Deputy Mayor for the coming year.

5. The process described above shall guide the Ccouncil’s selection of the Mayor and Deputy Mayor; however, a majority of the City Council retains the authority to disregard the process and select any member of the City Council for these positions.

6. The City Clerk shall keep a list outlining the suggested rotational sequence and update it annually.

71 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
13 1
0 0
4 9
Chapter 6. Council Member Conduct

1. Members shall: THIS SECTION WILL BE CONSIDERED AT THE UPCOMING WORKSHOP ON NORMS
A. put constituents first at all times;
B. treat each other, staff, and members of the public with dignity, courtesy, and respect;
C. maintain confidentiality of all closed session materials and discussion; D. be attentive to others, limiting interruptions and distractions; E. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
F. agree to respectfully disagree;
G. keep comments clear, concise, and on-topic;
H. start and end meetings on time, work from the agenda; I. present problems in a way that promotes discussion and resolution; and

2. Council Members shall not participate as a volunteer in any of the City’s operating departments.

3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301).

72 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
14 1
0 0
4 9
Chapter 7. Meetings

1. All Council decisions must be taken at City Council meetings only after hearing the presentation, project applicants, and hearing all public comments/testimony, then only under council discussion with colleagues should Council Member opinions be shared and deliberations engaged in . Bbefore mtaking any decision or taking action., the City Council may be informed by project applicants, interested members of the public, and City staff.

2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).

3. Council Meeting Dates
A. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.

B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays or other conflicts.

C. Meeting dates may be amended with the approval of the Council.

4. Types of Meetings
A.Regular Meetings are conducted at City Hall Council Chambers on the first and third Monday nights of each month. In July, August, and December, only one meeting is held during the month. The regular meetings are held not earlier than 6:30 pm. begin at 7:00 p.m. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Thursday. For major complex projects and policies, the City will make every effort to distribute reports as early as possible before the meeting when the item will be considered.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time-consuming than matters typically scheduled on a regular City Council meeting. At study sessions Council Members may state their individual responses and questions to the information provided and may collectively provide direction to City staff. No action is taken at the study sessions, but direction may be given

73 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
15 1
0 0
4 9
D.Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and, therefore, generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.

E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

F.Adjourned Meetings due to Power Outages
F. In the event a quorum of the City Council loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting will may be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the City Council. Any other agenda items the Council has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council unless the law or charter require a different threshold.

6. The Mayor, with the approval of a majority of the Council, cmayn change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

7. Public Participation
A. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking in person or virtually when offered, at a meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the Council meeting.

74 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
16 1
0 0
4 9
C. Public meetings are considered a limited public forum in which speaker must stay on-topic if speaking to a particular agenda item. If speaking during general public comment, they must address matters within the subject matter jurisdiction of the City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

D. The Mayor may, at their discretion with Council concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

B.

C.E. Generally, tTime Llimits for public comment are dependent on the number of speakers:

1. Individual Speakers:
•between 1 -10: - 3 minutes
•between 11-20: 2 minutes

1.•over 21 speakers: S1 minute

2. Organized group (in lieu of individual speakers of the group) – up to five (15) minutes, for a group presentation, as many speakers are allowed as fit in that time allowance.

2.3. Yielding of Time. To ensure that all persons have an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.

3. The Mayor may, at their discretion, limit the amount of time allotted to the speaker(s)when needed
D.F. Members of the public are invited to speak at the lectern microphone to ensure all attendees, in person and remote, can adequately hear comments, and soand so that it can be captured on the video recording.

E.G. Individuals who wish to speak should submit a speaker card to the City Clerk , or use the raise your hand feature virtually, to be called up at the appropriate time.

The Clerk will announce the last opportunity to submit forms or raise hands, and announce when the time has closed for public comment on any particular item.

8. Agendized Discussion Items (Public Hearings, New Business, Old Business)

75 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
17 1
0 0
4 9
A. Staff / applicant presentation
B. Council questions to applicant and/or staff
C.B. Open public hearing (or public comment section) for testimony D.C. Close public hearing (or public comment section)
D. Response by staff to public questions/concerns, if warranted Council questions to applicant and/or staff
E.

F.E. Council discussion and deliberation
G.F. Council votes

9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:

1. Appellant – 15 minutes

1.2. Applicant – 15 minutes

2.3. Individual Speakers – 3 min- as outlined in Section 7(D)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each

3.5. Clarification (Staff may offer explanation or clarification for the testimony)

4.6. If the appellant is also not the applicant only one 15 minute presentation is allowed, the applicant shall also have 15 min, following the Appellant

5.7. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal.

B. Appeals from decisions of the City’s Boards and Commissions shall appear on the Council agenda for discussion. Council determines whether to affirm the action of the commission, refer the matter back to the commission, or reverse the decision.

76 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
18 1
0 0
4 9
C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

At 11:00 pm, in order to ensure effective discourse on an item, Council will determine with a majority vote or consensus whether to continue with an item or if they will take up any remaining unheard items.

11. Action Minutes
A. The City Council shall use Action Minutes (action minutes contain very little, if any, narrative content) or light summary at the discretion of the City Clerk, to record their proceedings.

B. Motions and votes are shown in the record.

C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.

12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Council Member they may have a prohibited financial interest in any City contract, or an item that may be presented to the City Council, the Council Member should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the City Council, the City Manager, and the City Clerk.

E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for themselves him/herself wwhether there is a conflict of interest.

F. A member shall not vote upon any matter on which they have a conflict of interest.

77 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
19 1
0 0
4 9
G. A member shall openly state the reason for their conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.

78 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
20 1
0 0
4 9
Chapter 8. Meeting Agendas

1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call

2.3. AB 2449 Member requests to join virtually for Just Cause or Emergency Circumstances – vote is required
B. Ceremonial matters
The presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative action. In order to ensure the business of the meeting can be handled timely, no more than three (3) items will be scheduled under ceremonial in any meeting;. only one speaker representing the group; and no more than three (3) presentation slides may be used.

C. Consent Calendar
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed by a Council Member and considered separately. Members of the Public may speak to any Consent Calendar item without the item being pulled.

D. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda. Comments may be referred to staff for follow up. Public comment is limited to a total of 15 minutes unless Council by majority extends the total time; however, an opportunity for additional public comment maywill be provided later in the agenda, if needed. Timing as per Chapter 7 E(1) of these Rules.

E. Public Hearing

79 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
21 1
0 0
4 9
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

G. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

H. Reports and Announcements
City Manager, City Attorney, and Council Members report on their various assignments and liaison roles, and Council Members may make individual requests to schedule future items for consideration. A majority votevote or consensus of Council is required to place a request on a future agenda. If a Council Member is going to make a request to agendize an item, such as a resolution of support that they have proposed wording for, or a sample copy of the a proposed resolution that should be sentd to the Clerk for distribution to members no later than the time of the agenda packet issuance in advance of the meeting in order to give the other Council Members adequate time to review and determine if it is something they would like to support.

I. Additional Public Comment (if needed)
J. Adjourn

2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney B. Council Member:

1. A Council Member may request an item be considered on a future agenda.

Before the decision is made, staff will provide information on how much staff time is estimated to be required to produce the agenda report. and, Then upon agreement through a vote of with a majority vote or consensus of Council, , staff will prepare an agenda report and place the item on a future agenda. Before the vote staff will provide information on how much staff time is estimated to be required to produce the agenda report.

80 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
22 1
0 0
4 9

2. Council Members may make this request verbally during a meeting or may submit a written request.

C. Members of the Public

1. A member of the public may request Council action in the following ways:
a. Write a letter or email to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input

2. Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public.

81 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
23 1
0 0
4 9
Chapter 9. Financial Matters

1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).

B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).

C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.

D. A full explanation of Council Member compensation is available on the City’s website.

2. City Council Expense Reimbursement Policy
A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, and national government on matters of interest to the City.
b. Meeting with City staff on matters relating to City business. c. Attending educational seminars designed to improve officials’ skill and information levels.
d. Participating in local, regional, state, and national organizations whose activities effect the City’s interests; however, a member of the City Council shall not accept an elected or appointed position that would require anticipated costs to the City of more than $100 annually without City Council approval.
e. Recognizing the service to the City (for example, thanking a longtime employee with a retirement gift of nominal value). f. Attending fundraising events for nonprofit entities providing services of benefit to the City and /or its residents.

82 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
24 1
0 0
4 9
g. Attending City events.
h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.

2. All other expenses require prior approval by the City Council.

3. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible should be utilized.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

3. Automobile

83 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
25 1
0 0
4 9
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Council members are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (Per Diem Rates | GSA). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member

8. Meals

84 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
26 1
0 0
4 9
The City will pay for a Council member’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that an employee elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the GSA amount eliminates the need for employees to submit receipts. Thus, the Council member only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official or employee shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.

9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.

Government and group rates must be used when available.

C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

85 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
27 1
0 0
4 9

3. Expense reports are a public record.

D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

E. Reports on Meetings
Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.

F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

86 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
28 1
0 0
4 9
Chapter 10. Communication

1. All communications are public records.

All letters, memoranda, email communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The Council, in adopting this policy, does not waive attorney-client- privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.

B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.

C. City Clerk’s Office staff disseminate these materials to individual Council Members.

City Staff will scan and email correspondence.

D. General correspondence addressed to Council Members as a whole may will be opened and delivered to all Council Members, if appropriate. A correspondence addressed to a single Council Member on a topic that is the subject matter jurisdiction of the city and/or due to come on an upcoming agenda will be shared with all Council Members.

5. Correspondence
A. The City Clerk is authorized to receive and take administrative action on all correspondence directed to the City Council. The City Clerk may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.

87 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
29 1
0 0
4 9
B. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet is towill be compiled and distributed to the City Council prior to the City Council meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

C. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Council Members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.

D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes,. exceptSee also Section 12 of this Chapter. in instances outlined in Section 12 of this chapter).

6. Electronic Communication Record Retention
A. All emails sent and received through the City server are saved for at least twohree years on the City’s network and are subject to the Public Records Act.

B. Communication on social media sites are saved for at least two years.

C. Text messages sent on any City-provided device are saved for at least two years.

7. Social Media Use as a Council Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. For example Tthese may include (without limitation):

Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Council Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

88 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
30 1
0 0
4 9
A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.

1. Permitted Uses: You may answer questions, provide information to the public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.

2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.

B. First Amendment.: Councilmember social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.

D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, nNews of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Council Members. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Council or City. Members should be mindful of recognizing that accomplishments of the City or Council are achieved by collective action of the entire body or organization, not by any individual council member.

8. Written Communications for Council Meetings
D. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm the Wednesday before the Council meeting. This is to

89 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
31 1
0 0
4 9
allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications any item being heard by the City Council.

E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.

F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.

G. If a Council Member receives materials regarding an agenda item, they shall forward it the City Clerk and the City Manager as soon as possible.

H. If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project, or significant new information has become known.

9. Council Communication to Boards and Commissions
A. Council Members should be mindful not to unduly influence—through their attendance—the decision at a Board or Commission meeting so as not to get ahead protect of the independent process of that body.

B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.

10. Council -– Staff Relations
A. Individual Council Members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the member’s colleagues. Requests that will require significant staff time may be referred to the full Council and only pursued if supported by a majority of the Council.

B. Council Members are encouraged to submit their questions on agenda items to the City Manager or Department Head (including copying the City Manager) as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting.

C. Council Members should direct any questions on agenda reports to the City Manager or their designee, usually the staff member presenting.

90 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
32 1
0 0
4 9
D. Clarifications or technical questions will be answered before the meeting whenever possible.

E. Questions and all Sstaff-prepared responses will be forwarded to all Council Members.

11. Speaking for “the City”
Similar to written correspondence, when Council Members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

12. Speaking as an Individual
On occasion, Council Members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council. City letterhead and office support may be utilized in these circumstances, except it may not be used for personal or political purposes (x-ref 5(D) of this chapter)..

91 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
33 1
0 0
4 9
Chapter 11. Legislative

1. Council Legislative Committee
A. It is the policy of the City Council that the Council be involved in the development of the City’s position on significant pending federal and state legislation that may directly impact the City of San Mateo.

B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.

C. The Legislative Committee may meet annually or as needed to draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters.

D. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, City Manager, or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.

E. The Committee’s recommendations shall be presented to the City Council for its consideration; if there is a pressing and urgent need to comment on pending legislation and getting approval in a City Council meeting is not practical, the Legislative Committee may take immediate action to communicate with legislators and copy the entire City Council on the communication and provide a brief report of action taken under Reports and Announcements at the next City Council meeting
F. The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.

2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:

1. Certifications of Appreciation or Recognition
Commendations typically issued to acknowledge the activities of a person or organization. These certificates may be issued by any member of the Council without formal action. Examples of traditional recipients would include departing Board and Commission Members, high school students with 4.0 grade point averages, Chamber of Commerce Outstanding Businesses Awards, recognizing Eagle Scouts, winners of local art or speech contests, etc.

92 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
34 1
0 0
4 9

2. Commendatory Resolutions
Typically used to handle matters requiring some type of formal memorialization such as the retirement of a long-tenured employee, or outgoing Mayor or Council Member. These are not voted on like a standard Resolution of Council action would be.

3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.

B. Preparation of City Proclamations

1. It is the policy of the City Council to issue proclamations for certain events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Examples of causes for which proclamations are regularly and routinely issued include; but are not limited to: notable accomplishments by citizens, youth groups, schools, local organizations, non-profit groups, and local events that deserve special recognition. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.

2. It will be the policy of the City Council to process requests for proclamations in the following manner:
a. The City Clerk will review the request with the Mayor. b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct the City Clerk to prepare the proclamation and the proclamation will be issued. c. If the Mayor determines the proclamation request is not consistent with the policy stated above, the request will be routed to the other Council Members to determine if there is interest in issuing the proclamation.
d. If a Council Member has interest in issuing the proclamation that the Mayor determined was not consistent with this policy, that Council Member will sponsor the item and shall be responsible for drafting the language to be contained in the proclamation. The

93 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
35 1
0 0
4 9
sponsor Council Member shall provide the draft proclamation language to the City Clerk.
e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing the proclamation on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council in support of issuing the proclamation. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.

94 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
36 1
0 0
4 9
Chapter 12. Council Liaison Roles

1. The City Council will collectively review and approve liaison appointments. The recommended appointments will, to the best of the Council’s ability, attempt to match the requested positions with the needs of the respective body and the experience of the Council Member, while also attempting to equitably balance the distribution of assignments.

2. It is generally suggested that newly elected Council Members undertake a limited number of assignments during their first year, to allow opportunity to gain familiarity with the obligations and expectations of the role.

3. The assignment of City Council liaisons is conducted annually according to the following process:

A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.

B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list only to the City Clerk in December.

C. The ranking process uses the following methodology:

1. Top priority = I really want this (please mark at most only two #1s)

2. This is something I would like to have

3. I’ll take this one for the team

4. I do not want (perhaps the meeting timing does not work for you) D. The City Clerk will assemble responses into a table and provide it to the Mayor. The Mayor uses the following additional criteria to make assignments: Continuity assignments remain with the assignee unless the member is opting to step down from the role (see section 5 below); assignments will be assigned by highest priority desired with 1’s first, 2’s second etc.; in case of ties, overall balance and then seniority will be taken into account. (fFor example, did the Council Member get their other first choice? Does the Council Member have other “plum” continuity assignments; Iideally, everyone will get at least one of their top priorities; and you do not need to use your top rankings to hold onto continuity assignments.

E. In the event that a liaison has not been identified for each commission, the Mayor will divide any remaining liaison positions amongst the Council, attempting to equitably balance the distribution of the assignments and associated workload.

95 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
37 1
0 0
4 9
F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.

G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:

1. City Council Legislative Committee - ordered by Resolution 158 (1981)

2. City Budget and Audit Committee

2. 3. Council of Cities – City Selection Committee (Mayor)

3. Honorary Chair of Sister Cities Association (Mayor)Planning Commission

4. Council of Cities – City Selection Committee (Mayor with Deputy Mayor as alternate)
Honorary Chair of Sister Cities Association (Mayor)

4.5. H. The City Clerk shall maintain a list of all such appointments. The final liaison list will be distributed to all Council Members and posted on the City’s website.

4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.

B. Council Members should act as an advisor and resource to commissioners and the commission’s staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.

C. The Council liaison serves on the Appointment SubcommitteeAppointment Subcommittee for the Commission they are assigned to. In the event the Mayor is serving as the commission’s liaison, the minimum subcommittee shall consist of the Mayor and Deputy Mayor.

5. Continuity Appointments to External Agencies
A. The City Council has identified certain appointments for which there is a strong need and desire for consistency and continuity in terms of Council participation and representation and the Mayor will maintain the current Council Member assigned as liaison to that body. The Council will have an opportunity at its annual review to see if a supplemental designation is needed due to changing conditions or if new bodies have been added to the list. All continuity appointment should also have an aAlternate assigned, so a member can be ready to take over the role if needed.

96 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
38 1
0 0
4 9

1. B. Liaison appointments to these bodies would not annually be re-assigned to another Council Member, as this would not provide the desired consistency. If it became necessary to re-assign the liaison for one of these bodies as the result of a vacancy or other reason, the liaison role would not typically be assigned to a newly elected Council Member. A Council Member with an interest in serving as liaison to any of these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.

C. If a Council Member who is assigned as liaison to one of the aforementioned bodies anticipates leaving office, every effort should be made to mentor another Council Member so that those critical relationships can continue uninterrupted.

6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. Tthis will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.

97 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
39 1
0 0
4 9
Chapter 13. Boards and Commissions

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

3. Reappointments, Vacancies, and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommitteeappointment subcommittee and receives direction on the need to schedule an agendized appointment subcommitteeappointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment. However, if it is determined that a commissioner’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. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants.

C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, website, social media, and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) serve staggered terms.

G. An “Appointment SubcommitteeAppointment subcommittee” may include up to five City Council members. The City Council shall appoint the members of the Appointment SubcommitteeAppointment subcommittee. As a minimum, the Appointment SubcommitteeAppointment subcommittee shall include; and a quorum shall be established as: 1) the Mayor (or their Council designee) and the

98 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
40 1
0 0
4 9
Council liaison to the Commission. The Department Head affiliated with that Commission shall participate as a non-voting member of the Appointment SubcommitteeAppointment subcommittee.

H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment SubcommitteeAppointment subcommittee shall conduct candidate interviews and make a recommendation for Council approval.

Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment SubcommitteeAppointment subcommittee present.

I. At the conclusion of an Appointment SubcommitteeAppointment subcommittee’s interviews of candidates, and the agreement on the recommended candidate, the appointment subcommitteeappointment subcommittee may then designate up to two applicants who would be considered for listing on the eligibility list for a one- yearsix-month period. The eligibility list is then ranked according to preferred next seating to a Commission vacancy. The list is only established with the full agreement of the Appointment SubcommitteeAppointment subcommittee. It is not a requirement that an eligibility list be established if there are not applicants that are deemed qualified. This list may be used for automatic next appointments in the event of an unscheduled vacancy, the next person on the eligibility list would be submitted as the recommended candidate from the appointment subcommitteeAppointment subcommittee on the next City Council regular meeting Consent Calendar.

J. The full Council will receive the Appointment SubcommitteeAppointment subcommittee’s recommendation and the full list of candidates for each opening.

K. The Appointment SubcommitteeAppointment subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. An agenda report summarizing the Subcommittee’s recommendations and including the full list of candidates reviewed for each opening will be provided to the full City Council. Council may adopt the recommendations as presented or pull the item for further discussion.

The City Council can consider for appointment any of the candidates interviewed.

L. A majority vote of Council approves the appointees.

M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.

N. Unscheduled Vacancies

1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either

99 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
41 1
0 0
4 9
appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

3. All appointments occur in an open public meeting.

O. Youth Activities Council (YAC) Selection Process
The YAC is the only group not appointed directly by the City Council but through an application method administered by the Parks and Recreation Department.

High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

100 of 269

San Mateo City Council GuidelinesRules & Procedures
Proposed Revisions 4/1/24 10/17/22
42 1
0 0
4 9
Chapter 14. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

8. Emergency Guide for Elected Officials

101 of 269

Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council Action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, and September 6, 2022

102 of 269

Boards & Commissions Rules and Procedures
2 7
1 2
4 City of San Mateo, Boards and Commissions Rules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Commission Authority..............................................................................................4 Chapter 3. Duties .......................................................................................................................7 Chapter 4. Selection of Chair and Vice Chair ...........................................................................12 Chapter 5. Commissioner Conduct ..........................................................................................13 Chapter 6. Meetings ................................................................................................................15 Chapter 7. Meeting Agendas ...................................................................................................21 Chapter 8. Financial Matters....................................................................................................24 Chapter 9. Communication ......................................................................................................28 Chapter 10. Boards and Commissions Selection Process...........................................................32 Chapter 11. References..............................................................................................................34

103 of 269

Boards & Commissions Rules and Procedures
3 7
1 2
4 Chapter 1. Purpose and Overview
This manual describes the way the City of San Mateo’s Boards and Commissions do their business. It is a compilation of all Board and Commission (hereafter referred to as “Commission” for the sake of brevity) rules and procedures that have been formally adopted by Council Resolution. These Rules and Procedures (“Rules”) supersede individual Commission bylaws.

These Rrules are intended to enhance public participation and debate so that the best possible decisions can be made for San Mateo. These Rules set a standard of professionalism, civility and decorum for the conduct of the City’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These rules, which must be approved by the City Council as a body, are subject to review and future modification by the City Council as needed.

Appointed Board and Commission members are expected to understand and comply with these Rules and Procedures. Failure to comply with the rules and procedures outlined in this document may be cause for removal from the appointed position.

Amendments to these Rules are made and approved by the City Council as a body, and are subject to review and future modification as needed.

104 of 269

Boards & Commissions Rules and Procedures
4 7
1 2
4 Chapter 2. Commission Authority

1. Commission Authority, Generally
A. The primary role of City commissions is to increase public input and participation in the determination of City policies and some programs.

B. The specific role of a City commission is to review and make recommendations to the City Council on matters within its scope of responsibility as defined in the Charter or Municipal Code. The commissions are basically a citizen’s advisory arm of the City Council, although certain commissions, such as the Planning Commission, may take final actions in certain prescribed areas.

C. Most importantly, the commission serves as a vehicle for public input into City programs and policies referred to it by the City Council or brought to its attention by staff.

D. The commission also serves to reduce the reevaluation of these matters before the City Council.

E. On the specific matters referred to it by the City Council, the commission serves as the principal reviewing body of the City.

F. Commissions adhere to the City Council’s policies on the programs under their scopes of interest.

G. Commissions serve to represent the general interests of the entire City and not specific program areas or specific interest groups.

H. Commissions are encouraged to express their views on issues, projects, or policies brought to them by the City department.

I. As further described below, the Planning Commission has a distinct role with the City in that it makes decisions and recommendations to the Council on land use matters. These include development applications submitted by project proponents.

2. Applicability
The complete scope of responsibilities for each commission is identified either in the Charter or in the City’s Municipal Code and will be provided to you by the Departments supporting theyour commission. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these Commission Rules and Procedures (“Rules”) shall be in effect upon adoption by resolution of the Council.

105 of 269

Boards & Commissions Rules and Procedures
5 7
1 2
4 3. Revisions to these Rules
The Council shall review and revise these Rules as needed.

4.3. Authority of Each Board / Commission
The authority of the City of San Mateo’s Boards and Commissions are described in the San Mateo City Charter Article VI, as well as its Municipal Code Title 2 Administration and Personnel in Chapters 2.15, 2.21, 2.24, 2.26, 2.27, 2.28, 2.29 and 2.57.

A. Library Board:

The Library Board oversees the Library department’s policies and accepts in the name of the City money, personal and real property donated for Library purposes.

B. Personnel Board:

The Personnel Board hears appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of municipal code chapter 2.57, and to certify its findings and recommendations as provided in the personnel system rules.

C. Community Relations Commission (CRC):

The CRC addresses a broad spectrum of social issues and related policy and provides oversight for Federal grant programs that implement public services, housing, and community development programs. It is also the hearing and appeals board for Code Enforcement related cases.

D. Park & Recreation Commission:

The Park and Recreation Commission makes recommendations to the City Council on acquisition, development, beautification and maintenance of public parks, landscape resources, public recreation facilities, budget, and programs of park and recreation activities.

E. Planning Commission:

The Planning Commission hears requests and makes decisions and recommendations on land use projects. This body also recommends policy changes to the City Council.

F. Senior Citizens Commission:

106 of 269

Boards & Commissions Rules and Procedures
6 7
1 2
4 The Senior Citizens Commission encourages, fosters, and facilitates programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.

G. Sustainability and Infrastructure Commission
The Sustainability and Infrastructure Commission was established in 2018, consolidating the Public Works Commission and Sustainability Commission into one commission. It is the duty of the Sustainability and Infrastructure Commission to advise on policies and programs related to environmental sustainability, transportation and infrastructure.

H. Investment Advisory Committee (IAC):

The IAC serves as an administrative advisory committee to the City Manager. The IAC provides added insight and an independent perspective on the City’s investment policies and practices.

I. Youth Activity Council (YAC):

The Youth Activity Council provides experiences and opportunities for the youth and young adult population by: providing safe and enjoyable activities; creating community through special events; enhancing leadership and decision-making skills; providing service learning experiences; practicing civic participation and empowering our youth’s voice with our decision makers.

5.4. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.

107 of 269

Boards & Commissions Rules and Procedures
7 7
1 2
4 Chapter 3. Governance PrinciplesDuties
In alignment with the City Council governance principles, each Board and Commission acts as a body, not as individuals. Commissioners understand and acknowledge the City is run on a Council-Manager form of governance and will respect professional staff’s role and the City Manager as leader of the City organization’s operations. Commissioners should be aware of and mindful of the impact of requests on limited staff resources.

108 of 269

Boards & Commissions Rules and Procedures
8 7
1 2
4 Chapter 4. Duties

1. Duties of the Chair
A. All City commissions elect a presiding officer, known as a chairperson for a one- year period.

B. The Chair sets the tone for the entire meeting.

C. To conduct meetings of the Commission as its chairperson efficiently:

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained atduring the meeting.

4. In presiding over matters where the public has provided comment or testimony and/or raised questions, the Chair should:
a. At the end of the public comment period, Rrestate, if any, relevant the questions from the public. coming before the Commission. b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair and commission members.
d. Help keep Commissioner comments and questions relevant to the matter being considered by the Commission, and schedule non- agenda topics for subsequent meetings, where necessary and if agreed upon by the Commission during Reports and
Announcements.
e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Ensure that Announce the decision and vote of the Commission on all subjects is announced. This may occur with the assistance of the City Clerk, Staff Liaison or commission clerk.

5. To ensure that each member of the Commission is provided an opportunity to completely express their views on items of business, the Chair should:

109 of 269

Boards & Commissions Rules and Procedures
9 7
1 2
4 a. Actively seek commission member comments and ensure see that Commissioners ask to be recognized by the Chair before speaking to maintain an orderly process on the dais.
b. Make sure that each commission member has had a first chance at providing comments, before allowing another commission to make additional statements – unless thye are asked to clarify their prior statement.

5.c. Ensure that each commission member is given the opportunity to fully express their views.

D. To correspond on behalf of the Commission, provided that opinions expressed on behalf of the Commission or City Government are consistent with the consensus of the Commission.

E. Nothing under the Chair’s duties shall limit any individual Commissioner’s ability to interact with members of the public.

2. Duties of Vice Chair
In the absence of the Chair from the Commission meeting, the Vice Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position.

3. Duties of Commissioners
A. Arrive on time for all Commission meetings.

B. Review all meeting materials in preparation for Commission meetings and whenever possible/known ahead of time, direct questions to staff before the meeting if any item is unclear or clarification is needed.

C. Always alert staff in advance of the meeting if any item is intended to be pulled off of the Consent Calendar or whenever possible/known ahead of time an item introduced under Reports and Announcements for future commission consideration.

D. It is the responsibility of all members to assist the Chair in running an efficient and effective meeting by assisting with the orderly disposition of items, helping ensure all members are heard, participating fully in meaningful discussion and deliberation, keeping comments succinct, concise, civil and germane, and limiting repetitive comments. Council members are encouraged to hold their colleagues accountable for following these rules and do all in their power to contribute to the smooth running of a meeting for the community.

110 of 269

Boards & Commissions Rules and Procedures
10 7
1 2
4 B.E. All commission members are asked to alert the staff commission liaison when receiving media inquiries.

C.F. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meeting or for 15% of scheduled meetings annually, the City Clerk will notify Council who may take action to vacate the seat. The Commissioner is expected to notify the Staff Liaison or Staff Admin if they are unable to attend a meeting.

D.G. For Planning Commissioners, make every effort to participate in the California League of Cities Planning Commissioner Academy during the first year as a Commissioner, and every other year thereafter.

E.H. Read, and use as a primary reference, the Institute for Local Government’s Planning Commission Handbook.

4. Duties of Staff Liaison
A. The liaison, an assigned City staff person, has the following responsibilities:

1. Create meeting schedules

2. Prepare meeting agendas and Agenda Reports

3. Notify the City Clerk of attendance problems, resignations, and members’ change of contact information.

4. Ensure that sufficient research and analysis has been performed by staff to allow an informed decision by the Commission.

5. Help facilitate and advise the Chair on meeting management.

6. Ensure that all affected departments have an opportunity for input before bringing an item forward for commission consideration.

7. For the Planning Commission, arrange an annual joint meeting with the City Council.

B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that appointed board/commission members are oriented about policies and procedures as they relate to the body.

C. All communications addressed to a specific Board or Commission are received by the staff liaison or their designee and relayed to the appointed body.

5. Duties of Administrative Staff

111 of 269

Boards & Commissions Rules and Procedures
11 7
1 2
4 Each commission also has an administrative staff person (Staff Admin), who works with the Staff Liaison, to support the body. Their responsibilities are to:

A. Provide oversight of agenda preparation and its delivery to the full Commission and to the public.

B. Ensure that meeting materials--including a sufficient number of agendas, universal speaker slips, and at least one binder of all related reports being presented at that meeting–are available for the public to examine at the meeting.

C. Produce the action minutes for each meeting.

D. Provide annually a record of attendance of each commissioner to the City Clerk.

6. Duties of Council Liaison
A. Every year the Mayor will appoint Council Members to serve as liaisons to the City’s Boards and Commissions.

B. Council Members act as an advisor and resource to Commissioners and the commission’s Staff Liaison when issues regarding process, procedure, interpersonal or public relations arise. Commissioners are also welcome to approach the Council Liaison for support or if they have any concerns. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

112 of 269

Boards & Commissions Rules and Procedures
12 7
1 2
4 Chapter 4.Chapter 5. Selection of Chair and Vice Chair

1. Commission reorganization, including rotation of the roles of the Chair and Vice Chair, occurs annually at the meeting as close as possible to June 10th of each year. The results of the vote should be publicly announced; and the vote recorded in the minutes.

2. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

3. The Chair and Vice Chair are elected by the majority of the commission for a one-year term and hold office until their successors are elected or until their terms as members of the commission expire.

4. The normal convention is a rotation from Vice Chair to Chair. Deviation from this normal convention should be extremely rare and must be accompanied by stated justification by the Commissioner making a nomination that does not conform to the normal convention.

5. The City Council believes that experience as a Commissioner will assist those who are selected to serve as Chair or Vice Chair, and that it is in everyone’s best interest that candidates have experience in cycles of governing to acclimate themselves to the jobs, tasks, and roles of the Commission.

113 of 269

Boards & Commissions Rules and Procedures
13 7
1 2
4 Chapter 5.Chapter 6. Commissioner Conduct

1. Members shall: THIS SECTION WILL BE CONSIDERED AT THE UPCOMING WORKSHOP ON NORMS
A. put the community’s interests first at all times by making decisions with the interest of the community at-large in mind and avoid representing personal interests
B. treat each other, council members, staff, and members of the public with dignity, courtesy, and respect
C. not interrupt speakers, allow them to finish their presentation before asking questions
D. not engage in discussion with a member of the public during the meeting E. maintain confidentiality of all closed session materials and discussion F. be attentive to others, limiting interruptions and distractions G. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus
H. agree to respectfully disagree with colleagues
I. keep comments clear, concise, and on-topic
J. start and end meetings on time and work from the agenda K. determine whether to schedule a future agenda item for discussion and/or action, during Reports and Announcements, when non-agenda items are raised in the course of the meeting
L. present problems in a way that promotes discussion and resolution M. meet with the Council liaison to the Commission when requested.

N. Pay close attention to the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters

2.Commissioners may not be employed by the City or provide services under a contract with the City. Commissioners may not volunteer in the operations arm of the department their commission is affiliated with, without Department Head approval. However, Commissioners are encouraged to volunteer for city events, put on by any City

114 of 269

Boards & Commissions Rules and Procedures
14 7
1 2
4 department, or volunteer in any capacity in other City departments. Commissioners enhance their presence in the community by volunteering with local non-profits or assisting with community events and serving on special committees.

3. Commissioners are subject to all the provisions of the City’s Harassment and Discrimination Policy (#301).

115 of 269

Boards & Commissions Rules and Procedures
15 7
1 2
4 Chapter 6.Chapter 7. Meetings

1. All Commission decisions must be taken at Commission meetings only after hearing the presentation, project applicants, and hearing all public comments/testimony, then only under council discussion with colleagues should Commission Members opinions be shared and deliberations engaged in before making any decision or taking action. Before taking action the Commission may be informed by project applicants, interested members of the public, and City staff.

2. No business may be transacted by the commission at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently appointed).

3. Commission Meeting Dates
A. If at any time any regular meeting of the Commission falls on a holiday or if it is known that a quorum will not be available, the meeting may be rescheduled to the earliest convenient time.

B. The Boards and Commissions shall adopt a schedule of quarterly or more frequent meetings on an annual basis, which become the regular meeting dates.

C. Regular meeting dates may be amended with the approval of the Commission.

4. Types of Meetings
A.Regular Meetings are those identified in the adopted meeting schedule. Regular meetings are agendized and posted at least 72 hours in advance of the meeting, and no earlier than 96 hours before the meeting.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Chair or Commission with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the Commission, particularly on issues that are more complex or more time-consuming than matters typically scheduled on regular Commission meetings. At study sessions Commissioners may collectively provide direction to City staff, or to an applicant in the case of the Planning Commission. Typically, no action is taken at the study sessions, but direction may be given.

D.Closed Sessions at the commission level would be very rare and would only occur at the direction of the City Attorney. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after allowance for public comment, will be excluded.

116 of 269

Boards & Commissions Rules and Procedures
16 7
1 2
4 E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

F.Adjourned Meetings due to Power Outages
In the event a quorum of the body loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting maywill be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the Commission. Any other agenda items the Commission has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Commission shall be required for any formal action of Commission. If the meeting is virtual, or any member is teleconferencing in, the vote must be taken by roll call vote.

6. The Chair, with the approval of a majority of the Commission, can change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

7. Public Participation
A. All members of the public are encouraged and invited to participate in the legislative process of the City’s Boards and Commissions, for example by submission of comments before the meeting or speaking in person, or virtually when offered, at the scheduled meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of cheers or jeers that may discourage public participation. For these reasons, these rules are taken seriously. Disruptive or unruly behavior can result in removal from the Commission meeting to the extent allowed by state law. The presiding member of a legislative body may remove an individual for disrupting a meeting after the individual first receives a warning, yet continues the disruptive behavior. The legislative body may also decide to clear the room if interruptions render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of disruptive individual(s) alone.

C. Public meetings are considered a limited public forum in which speaker must stay on-topic if speaking to a particular agenda item. If speaking during general public comment, they must address matters within the subject matter jurisdiction of the City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

117 of 269

Boards & Commissions Rules and Procedures
17 7
1 2
4 B.D. The Chair may, at their discretion with commission concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

C.E. Generally, Ttime Limits for public comment are dependent on the number of speakers:

1. Individual Speakers - 3 minutes
a. between 1 -10: 3 minutes
b. between 11-20: 2 minutes

1.c.over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers) – up to five (15) minutes for a group presentation, as many speakers as fit within the time allowance

3. The Chair may, at their discretion, limit the amount of time allotted to the speaker when needed.

3. Yielding of Time. To ensure that all persons have an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.

4. The Chair shall manage public comments such that no individual speaker is allotted a disproportionate amount of time.

D.F. In-person members of the public are invited to speak at the lectern microphone, whenever available, to ensure all attendees can hear and so that the recording can be captured.

E.G. Individuals who wish to speak in-person should submit a speaker card to the commission’s Staff Admin for in person meetings. For remote meetings conducted virtually, the raise the hand feature is used and managed by the Staff Admin. The Staff Admin with announce the last opportunity to submit forms or raise hands, and announce when the time has closed for public comment on any particular item.

F.H. Commissioners should be careful to not engage in back and forth questions or discussion with public speakers. If a member of the public raises a question, the Chair should invite staff (or an applicant before the Planning Commission) to respond to any questions raised at the end of the public comment period.

8. Agendized Discussion Items (Public Hearings, New Business, Old Business)

118 of 269

Boards & Commissions Rules and Procedures
18 7
1 2
4 A. Staff / applicant presentation
B. Commission questions to applicant and/or staff
C.B. Open public hearing (or public comment section) for testimony D.C. Close public hearing (or public comment section)
D. Response by staff to public questions/concerns (or by an applicant before the Planning Commission), if warranted
E. Commission questions to applicant and/or staff
F. Commission discussion and deliberation
G. Commission votes

9. Appeals
A. Appeals are public hearings and will follow the order stated above with the following time allocations:

1. Appellant – 15 minutes

1.2. Applicant – 15 minutes

2.3. Individual Speakers – 3 min as outlined in Section 7(E)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each

3.5. Clarification (Staff may offer explanation or clarification for the testimony)

4.6. If the appellant is also not the applicant, only one 15-minute presentation is allowed. the applicant shall also have 15 minute presentation and a 5 minute rebuttal.

B. Any person that addressed the Commission during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

11. At 11 pm, in order to ensure effective discourse on an item, the Commission will determine with a majority vote or consensus whether to continue with an item or take up any unheard items.

119 of 269

Boards & Commissions Rules and Procedures
19 7
1 2
4 12. Action Minutes
A. The City Council and all of its Boards and Commissions shall use Action Minutes to record the decisions of the body.

B. Action Minutes contain very little, if any, narrative content and do not capture details of public comment or Commissioner comments, questions and opinions.

Staff is responsible for producing the minutes. Commissioners may request correction only of factual errors when presented with the draft minutes. No supplemental materials may be appended to minutes.

C. Motions and votes are shown in the record, whenever applicable.

D. Media (audio/video) recordings will be used to provide a verbatim record of meetings and are kept as identified in the City’s Records Retention Schedule.

13. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Commissioner that they may have a prohibited financial interest in any City contract, or an item that may be presented to the Commission, the Commissioner should consult with the City Attorney’s Office at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the Commission, the City Council, the City Manager, the affiliated Department Head, and the Staff Liaison.

E. With full consideration of the City Attorney’s advice, it is up to each individual Commissioner to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon any matter on which they have a conflict of interest.

G. A member shall openly state the reason for his/her conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse themselves from the dais and leave the room unless it is during the Consent Calendar.

120 of 269

Boards & Commissions Rules and Procedures
20 7
1 2
4 Chapter 7.Chapter 8. Meeting Agendas

1. Agenda Order
Commission agendas will be prepared by the Staff Liaison to the commission and presented to the Commission in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call
B. Consent Calendar
All matters listed under the Consent Calendar are considered by the Commission to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed by a Commission member and considered separately. Members of the public may speak to any Consent Calendar item without the item being pulled.

C. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the Commission at this time. State law prevents Commissions from taking action on any matter not on the agenda. Comments may be referred to staff for follow up. Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment will be provided later in the agenda, if needed. Timing is per Chapter 7(E)1 of these Rules.

D. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Commission.

E. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

F. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

G. Reports and Announcements

121 of 269

Boards & Commissions Rules and Procedures
21 7
1 2
4 Commissioners provide an update on any meetings they attended in their commissioner role and Commissioners may make individual requests to schedule future items for consideration. A majority vote of the Commission is required to place a request on a future agenda.

H. Additional Public Comment (if needed)
H.I. Adjourn

2. Agenda Item Submission
A. The Staff Liaison coordinates all agenda items for consideration on a given agenda.

In order to ensure that each item for discussion has been thoroughly analyzed in advance, an Agenda Report shall be prepared.

1. The preparation of Agenda Reports applies to all Boards and Commissions in order to ensure:
a. The Board or Commission has all the information needed to make a well-informed decision; and
b. Any action is fully transparent to the public.

2. Agenda Reports shall be part of the public agenda packet issued prior to the meeting. Copies of the agenda, Agenda Reports and supporting materials shall be made available to the public at the meeting.

B. A Commissioner may request an item be considered on a future agenda and, upon a majority vote of the Commission, staff will prepare an Agenda Report and agendize the item for a future meeting. Before the vote, staff will provide information, if available, on how much staff time would be required to produce the Agenda Report.

C. Members of the Public

1. A member of the public may request Commission action in the following ways:
a. Write a letter or email to the Commission
b. Speak during the Public Comment period at a Board / Commission meeting

2. The first response is for the staff liaison to address concerns raised directly outside the meeting regarding the issue.

122 of 269

Boards & Commissions Rules and Procedures
22 7
1 2
4 3. If a majority of the Commission agrees, the item will be agendized at a future meeting.

123 of 269

Boards & Commissions Rules and Procedures
23 7
1 2
4 3.

Chapter 8.Chapter 9. Financial Matters

1. All Commissioners serve as volunteers without compensation or a stipend.

2. Commissioner Expense Reimbursement Policy
It is rare that a Commissioner would need reimbursement, but in the event that they do, the following policy shall apply:

A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business.

2. Expenses incurred while attending educational seminars designed to improve officials’ skill and information levels are permitted with pre- approval from the affiliated Department Head.

3. All other expenses require prior approval by the City Council.

4. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Airfare

124 of 269

Boards & Commissions Rules and Procedures
24 7
1 2
4 Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Commissioners are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the

125 of 269

Boards & Commissions Rules and Procedures
25 7
1 2
4 United States General Services Administration (GSA) maximum rate allowed by location (http://www.gsa.gov/portal/content/104877). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member.

8. Meals
The City will pay for a Commissioner’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that a Commissioner elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the GSA amount eliminates the need for employees to submit receipts. Thus, the Commissioner only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official shall be reimbursed the amount being charged by the event organizer for the meal.

The City will not pay for alcohol/personal bar expenses.

9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.

Government and group rates must be used when available.

126 of 269

Boards & Commissions Rules and Procedures
26 7
1 2
4 C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

E. Reports on Meetings
Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.

F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

127 of 269

Boards & Commissions Rules and Procedures
27 7
1 2
4 Chapter 9.Chapter 10. Communication

1. All communications are public records.

All letters, memoranda, email, texts and other platform writing communications involving members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The City Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Commissioner should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Correspondence
A. After the Commission has taken a position on an issue, official correspondence should reflect this position. While Commissioners who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Board or Commission title, and staff support should not be utilized.

B. City letterhead, logo, insignia and brand, as well as, staff support cannot be utilized for personal or political purposes.

C. Generally, correspondence relating to a specific Commission agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet will be compiled and distributed to the Commission prior to the meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

B.

5. Electronic Communication Record Retention
A. Commissioners are issued City of San Mateo email addresses and are required to use this email for all commission related communication. The City email may not be forwarded to a personal email.

128 of 269

Boards & Commissions Rules and Procedures
28 7
1 2
4 B. All emails sent and received through the City server are saved for at least threewo years on the City’s network and are subject to the Public Records Act.

C. Communication on social media sites are saved for at least two years.

D. Text messages sent on any City-provided device are saved for at least two years.

6. Social Media Use as a Commission Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. For example, Tthese may include (without limitation):

Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Commission Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.

1. Permitted Uses: You may answer questions, provide information to the public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.

2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.

B.First Amendment. Commissioners social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the

129 of 269

Boards & Commissions Rules and Procedures
29 7
1 2
4 California Public Records Act. Social media is subject to the City’s record retention schedule.

D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, Nnews of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Commissioners. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Commission or City. Members should be mindful of recognizing that accomplishments of the City or CCommission are achieved by collective action of the entire body or organization, not by any individual commissioner.

7. Written Communications for Commission Meetings on Agenda Items A. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm one week before the Commission meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, on all plans, correspondence, and other documents being heard by the Commission. Contact the Commission’s Staff Liaison or Staff Admin for specifics.

B. To be included in the addendum to the packet, items may be received up until 4 pm the day of the scheduled meeting.

C. Materials distributed to Commissioners during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Commissioner, or at the conclusion of the meeting if prepared by another person.

D. If a Commissioner receives materials regarding an agenda item, they shall forward it the Staff Liaison as soon as possible.

8. Commission - Staff Relations
A. Commissioners may make requests of City staff through their Department Head for limited research and information. Requests that will require significant staff time, as determined by the Staff Liaison, may be referred to the full Commission and only pursued if supported by a majority of the Commission. All requests for research and information shall be made through the Staff Liaison.

B. Commissioners are encouraged to submit their questions on agenda items to the Staff Liaison as far in advance of the meeting as possible so that staff can be prepared to respond at the Commission meeting.

130 of 269

Boards & Commissions Rules and Procedures
30 7
1 2
4 C. Clarifications or technical questions will be answered before the meeting whenever possible.

D. Questions and all staff-prepared responses will be forwarded to all Commissioners.

9. Speaking for “the City”
Similar to written correspondence, when Commissioners are requested to speak to groups or are asked the Commission’s position on an issue, the response should reflect the position of the Commission as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the Commission voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the Commission’s position rather than that of an individual member.

10. Speaking as an Individual
On occasion, Commissioners may wish to transmit correspondence on an issue upon which the Commission has yet to take a position or about an issue for which the Commission has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the Commission or the City as a whole, but for themselves as an individual.

131 of 269

Boards & Commissions Rules and Procedures
31 7
1 2
4 Chapter 10.Chapter 11. Boards and Commissions Selection Process

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Reappointments, Vacancies and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment. However, if it is determined that a commissioner’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. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants. Commission recruitment occurs annually in the months of April and May and is managed by the City Clerk’s Office. For these routine vacancies, the announcement is made approximately two months prior to the date on which the vacancy is to occur.

C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, the website, social media and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) are appointed by a majority vote of the City Council and serve staggered terms.

G. A City Council Appointment Subcommittee conducts the candidate interviews and makes a recommendation for Council approval. The Council will receive the full list of candidates for each opening.

H. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular

132 of 269

Boards & Commissions Rules and Procedures
32 7
1 2
4 Council meetings. A staff report summarizing the Subcommittees’ recommendations will be provided to the full City Council and will include the list of all candidates reviewed by the subcommittee. Council may adopt the recommendations as presented or pull the item for further discussion. A majority vote of Council approves the appointees.

I. The designated Appointment Subcommittee may establish an eligibility list for up to two applicants that will remain in effect for a six month period. one year.

J. Unscheduled Vacancies

1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

3. All appointments occur in an open public meeting.

K. Youth Activities Council (YAC) Selection Process
The YAC is the only group not appointed directly by the City Council but through an application method administered by Parks and Recreation. High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

133 of 269

Boards & Commissions Rules and Procedures
33 7
1 2
4 Chapter 11.Chapter 12. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

134 of 269

City Council Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, and October 17, 2022
Adam Loraine suggestions
Lisa Diaz Nash suggestions
Amourence Lee suggestions
Supplemental to packet release

135 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 2 1
0 0
4 9
City of San Mateo Council Rules and Procedures
Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Authority of the City Council ....................................................................................4 Chapter 3. Key Governance Principles .......................................................................................5 Chapter 4. Duties .......................................................................................................................7 Chapter 5. Selection of Mayor and Deputy Mayor ..................................................................11 Chapter 6. Council Member Conduct.......................................................................................13 Chapter 7. Meetings.................................................................................................................14 Chapter 8. Meeting Agendas....................................................................................................20 Chapter 9. Financial Matters....................................................................................................23 Chapter 10. Communication ......................................................................................................28 Chapter 11. Legislative ...............................................................................................................33 Chapter 12. Council Liaison Roles ..............................................................................................36 Chapter 13. Boards and Commissions........................................................................................39 Chapter 14. References..............................................................................................................42

136 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 3 1
0 0
4 9
Chapter 1. Purpose and Overview
This handbook describes the way for the San Mateo City Council to conduct its business and the expectations for members, staff and the public to operate and engage with each other and the community as a whole . It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.

The purpose of these Rules and Procedures (Rules) is to set a standard of professionalism, civility and decorumfor the conduct of the City Council’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for San Mateo.

Revisions to these Rules and Procedures
Amendments to these Rules must be approved by the City Council as a body, and are subject to review and future modification as needed.

City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167

137 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 4 1
0 0
4 9
Chapter 2. Authority of the City Council

1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.

2. General Authorities and Applicability
Charter section 2.12 and the San Mateo Municipal Code provide that the City Council shall determine its own rules and order of business. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these City Council Rules shall be in effect upon adoption by resolution of the Council.

3. Revisions to these Rules
The Council shall review and revise these Rules as needed.

4. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.

138 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 5 1
0 0
4 9
Chapter 3. Key Governance Principles
In 2022, the City conducted its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 to hold its first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.

Key Governance Principles

1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.

B. Members of the City Council will continue to serve all residents, regardless of whether they live within their district. member of the City Council may be responsive to requests from anyone in the community.

2. City Management and Governance
Professional management in a Council-Manager form of government will continue, with all of the best management practices that the City Council currently receives.

3. Use of City Resources
A. The City Council will strive to use taxpayer resources efficiently and effectively, while providing consistent services for all residents. Resources will be allocated based on the City’s long-term strategic plan and citywide considerations of service levels and financial capacity.

B. Budget allocations and financial considerations will not be made based on districts.

4. Distribution of Council Duties and Events
Fair distribution of duties and assignments is a priority. Long-standing practices regarding invitations to members of the City Council to events and activities, appointments to committees and various bodies, and the process for board and commission appointments will remain in effect.

5. Communications and Access to Information

139 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 6 1
0 0
4 9
A. Council members will have equal access to information. Information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.

B. Communication resources will be provided on a citywide and/or program-level basis with equitable distribution across districts, while being consistent with legal requirements prohibiting the use of public resources for campaign purposes

140 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 7 1
0 0
4 9
Chapter 4. Duties

1. Duties of the Council
A. Refer to the City of San Mateo Charter for a detailed description of codified duties of the City Council.

B. Disaster Responsibilities

1. In the event of a disaster, the City Council holds the following roles:
a. Primarily, to make decisions that will enable the emergency operation to continue effectively.
b. To assist in the conveyance of public information.

2. Reference the “ Elected Officials’ Guide to Managing Disasters” from the California Office of Emergency Services for a detailed description of the roles and responsibilities of Council Members in times of disaster.

2. Duties of Mayor
A. To conduct meetings of the City Council as its chairperson.

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained during the meeting.

4. In presiding over matters where the public has provided comment or testimony and/or raised questions, the Mayor should:

At the end of the public comment period restate, if any, relevant questions raised from the public and Direct questions or comments requiring a response to staff for a response.
a. Ensure that staff and members of the public direct their comments to the presiding officer and members.
b. Help keep Council Member questions and comments relevant to the matter being considered by the Council.

141 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 8 1
0 0
4 9
c. Consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
d. Announce the decision and vote of the Council on all items, this may occur with the assistance of the City Clerk, the City Manager, City Attorney or key staff presenting..

5. To ensure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
a. Actively seek Council Member comments and ensure that Council Members ask to be recognized by the Mayor before speaking to maintain an orderly process on the dais.
b. Make sure that each Council Member has had a first chance at providing comments, before allowing a Council Member to make another statement – unless they are asked to clarify their prior statement.
c. Ensure that each Council Member is given the opportunity to fully express their views.

B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.

C. On behalf of the City Council, to officially welcome dignitaries, officials, and special event gatherings.

D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee; provided that the vote is not inconsistent with established policies or previously expressed Council consensus.

This is expected protocol for any Council Member who represents the City on any regional bodies.

E. To correspond on behalf of the Council on subjects, issues, and legislative proposals provided that opinions expressed on behalf of the Council or City Government are not inconsistent with established policies or previously expressed Council consensus.

F. To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Council Member by action of the City Council.

142 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 9 1
0 0
4 9
G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.

H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.

I. To serve as the City’s primary media spokesperson in coordination with City staff.

Appropriate City staff should always be alerted to media contact. .

J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.

K. The Mayor is still subject to all duties of council members as listed below in number 4.

3. Duties of Deputy Mayor
In the absence of the Mayor from the City or a Council meeting, the Deputy Mayor shall possess all powers of the office of the Mayor; and be subject to all prescribed duties for that office.

4. Duties of Council Members
A. Arrive on time for all Council meetings.

B. Review all meeting materials in preparation for Council meetings and whenever possible/known ahead of time direct questions to staff before the meeting if any item is unclear or clarification is needed.

C. Always alert staff in advance of the meeting if an item is intended to be pulled off of the Consent Calendar or whenever possible/known ahead of time an item introduced under Reports and Announcements for future Council consideration D. Fulfill the appointed and liaison assignments to internal and external agencies, legislators, and the City’s boards and commissions with all due diligence needed for the requirements of that particular assignment.

E. It is the responsibility of all members to assist the Mayor in running an efficient and effective meeting by assisting with the orderly disposition of items, helping ensure all members are heard, participating fully in meaningful discussion and deliberation, keeping comments succinct, concise, civil and germane, and limiting repetitive comments. Council members are encouraged to hold their colleagues accountable for following these rules and do all in their power to contribute to the smooth running of a meeting for the community.

143 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 10 1
0 0
4 9
F. All Council Members are asked to alert appropriate staff when receiving media inquiries.

144 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 11 1
0 0
4 9
Chapter 5. Selection of Mayor and Deputy Mayor

1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.

2. The City Council believes that experience as a Council Member will assist those who are selected to serve as Mayor or Deputy Mayor, and that it is in the City’s best interest that these selections be made in a manner that permits the Mayor and Deputy Mayor to gain that experience in cycles of governing and to acclimate themselves to the jobs, tasks, and roles prior to assuming their respective offices.

3. It is appropriate to base such succession on rotation and seniority according to the following:

A. Each Council Member has a specified position in the rotation sequence. In any year, the first person in the sequence is typically selected as Mayor, and the second in the sequence as the Deputy Mayor.

B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.

C. When a Council Member is newly elected or appointed (as the result of a cancelled election), that new Council Member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.

D. If two or more Council Members are newly elected or appointed at the same time, the newly elected or appointed Council Members shall draw lots to determine their position relative to one another in the rotational sequence.

E. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the end of the rotational list.

F. Incumbent Council Members, when re-elected, do not begin anew at the end of the list, but rather retain their placement in the rotation.

G. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.

H. A Council Member may decline to serve as Mayor or Deputy Mayor. In this case, the office would pass to the next Council Member on the list. The Council Member who declined will drop back one position in the rotation.

145 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 12 1
0 0
4 9

4. When the Council reorganizes, the outgoing Mayor will nominate the Deputy Mayor to succeed him/her. The newly appointed Mayor will then nominate the next Council Member in the rotational sequence to serve as Deputy Mayor for the coming year.

5. The process described above shall guide the Council’s selection of the Mayor and Deputy Mayor; however, a majority of the City Council retains the authority to disregard the process and select any member of the City Council for these positions.

6. The City Clerk shall keep a list outlining the rotational sequence and update it annually.

146 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 13 1
0 0
4 9
Chapter 6. Council Member Conduct

1. Members shall: THIS SECTION WILL BE CONSIDERED AT THE UPCOMING WORKSHOP ON NORMS
A. put constituents first at all times;
B. treat each other, staff, and members of the public with dignity, courtesy, and respect;
C. maintain confidentiality of all closed session materials and discussion; D. be attentive to others, limiting interruptions and distractions; E. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
F. agree to respectfully disagree;
G. keep comments clear, concise, and on-topic;
H. start and end meetings on time, work from the agenda; I. present problems in a way that promotes discussion and resolution; and

2. Council Members shall not participate as a volunteer in any of the City’s operating departments.

3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301).

147 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 14 1
0 0
4 9
Chapter 7. Meetings

1. All Council decisions must be taken at City Council meetings only after hearing the presentation, project applicants, and hearing all public comments/testimony, then only under council discussion with colleagues should Council Member opinions be shared and deliberations engaged in before making any decision or taking action..

2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).

3. Council Meeting Dates
A. If at anytime any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.

B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays or other conflicts.

C. Meeting dates may be amended with the approval of the Council.

4. Types of Meetings
A.Regular Meetings are conducted at City Hall Council Chambers on the first and third Monday nights of each month. In July, August, and December, only one meeting is held during the month. The regular meetings are held not earlier than 6:30 pm. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Thursday. For major complex projects and policies, the City will make every effort to distribute reports as early as possible before the meeting when the item will be considered.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time-consuming than matters typically scheduled on a regular City Council meeting. At study sessions Council Members may state their individual responses and questions to the information provided and may collectively provide direction to City staff. No action is taken at the study sessions, but direction may be given D.Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes

148 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 15 1
0 0
4 9
that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and, therefore, generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.

E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

F.Adjourned Meetings due to Power Outages In the event a quorum of the City Council loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting may be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the City Council. Any other agenda items the Council has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council unless the law or charter require a different threshold

6. The Mayor, with the approval of a majority of the Council, may change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

7. Public Participation
A. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking in person or virtually when offered, at a meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the Council meeting.

C. Public meetings are considered a limited public forum in which speaker must stay on-topic if speaking to a particular agenda item. If speaking during general public comment, they must address matters within the subject matter jurisdiction of the

149 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 16 1
0 0
4 9
City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

D. The Mayor may, at their discretion with Council concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

E. Generally, time limits for public comment are dependent on the number of speakers:

1. Individual Speakers:
•between 1 -10: 3 minutes
•between 11-20: 2 minutes
•over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers of the group) – up to five (5) minutes, for a group presentation, as many speakers are allowed as fit in that time allowance.

3. Yielding of Time. To ensure that all persons have an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.

F. Members of the public are invited to speak at the lectern microphone to ensure all attendees, in person and remote,can adequately hear comments,and so that it can be captured on the video recording.

G. Individuals who wish to speak should submit a speaker card to the City Clerk, or use the raise your hand feature virtually, to be called up at the appropriate time The Clerk will announce the last opportunity to submit forms or raise hands, and announce when the time has closed for public comment on any particular item.

8. Agendized Discussion Items (Public Hearings, New Business, Old Business) A. Staff / applicant presentation
B. Open public hearing (or public comment section) for testimony C. Close public hearing (or public comment section)
D. Response by staff to public questions/concerns, if warranted

150 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 17 1
0 0
4 9
E. Council questions to applicant and/or staffCouncil discussion and deliberation F. Council votes

9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:

1. Appellant – 15 minutes

2. Applicant – 15 minutes

3. Individual Speakers - as outlined in Section 7(D)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each

5. Clarification (Staff may offer explanation or clarification for the testimony)

6. If the appellant isalso the applicant only one 15 minute presentation is allowed

7. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal.

B. Appeals from decisions of the City’s Boards and Commissions shall appear on the Council agenda for discussion. Council determines whether to affirm the action of the commission, refer the matter back to the commission, or reverse the decision.

C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

At 11:00 pm, in order to ensure effective discourse on an item, Council will determine with a majority vote whether to continue with an item or if they will take up any remaining unheard items.

11. Action Minutes
A. The City Council shall use Action Minutes (action minutes contain very little, if any, narrative content) or light summary at the discretion of the City Clerk, to record their proceedings.

151 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 18 1
0 0
4 9
B. Motions and votes are shown in the record.

C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.

12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Council Member they may have a prohibited financial interest in any City contract, or an item that may be presented to the City Council, the Council Member should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the City Council, the City Manager, and the City Clerk.

E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon any matter on which they have a conflict of interest.

G. A member shall openly state the reason for their conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.

Chapter 8. Meeting Agendas

1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call

152 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 19 1
0 0
4 9

3. AB 2449 Member requests to join virtually for Just Cause or Emergency Circumstances – vote is required
B. Ceremonial matters
The presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative action. In order to ensure the business of the meeting can be handled timely, no more than three (3) items will be scheduled under ceremonial in any meeting.

C. Consent Calendar
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed by a Council Member and considered separately. Members of the Public may speak to any Consent Calendar item without the item being pulled.

D. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda. Comments may be referred to staff for follow up. Public comment is limited to a total of 15 minutes unless Council by majority extends the total time; however, an opportunity for additional public comment may be provided later in the agenda, if needed. Timing as per Chapter 7 E(1) of these Rules.

E. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

G. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

H. Reports and Announcements

153 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 20 1
0 0
4 9
City Manager, City Attorney, and Council Members report on their various assignments and liaison roles, and Council Members may make individual requests to schedule future items for consideration. A majority vote or consensus of Council is required to place a request on a future agenda. If a Council Member is going to make a request to agendize an item, such as a resolution of support that they have proposed wording foror a sample copy of a proposed resolution that should be sent to the Clerk for distribution to members no later than the time of the agenda packet issuance in advance of the meeting in order to give the other Council Members adequate time to review and determine if it is something they would like to support.

I. Additional Public Comment (if needed)
J. Adjourn

2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney B. Council Member:

1. A Council Member may request an item be considered on a future agenda.

Before the decision is made, staff will provide information on how much staff time is estimated to be required to produce the agenda report. Then with a majority vote or consensus of Council, staff will prepare an agenda report and place the item on a future agenda.

2. Council Members may make this request verbally during a meeting or may submit a written request.

C. Members of the Public

1. A member of the public may request Council action in the following ways:
a. Write a letter or email to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input

2. Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public.

154 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 21 1
0 0
4 9
Chapter 9. Financial Matters

1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).

B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).

C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.

D. A full explanation of Council Member compensation is available on the City’s website.

2. City Council Expense Reimbursement Policy
A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, and national government on matters of interest to the City.
b. Meeting with City staff on matters relating to City business. c. Attending educational seminars designed to improve officials’ skill and information levels.
d. Participating in local, regional, state, and national organizations whose activities effect the City’s interests; however, a member of the City Council shall not accept an elected or appointed position that would require anticipated costs to the City of more than $100 annually without City Council approval.
e. Recognizing the service to the City (for example, thanking a longtime employee with a retirement gift of nominal value). f. Attending fundraising events for nonprofit entities providing services of benefit to the City and /or its residents.
g. Attending City events.

155 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 22 1
0 0
4 9
h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.

2. All other expenses require prior approval by the City Council.

3. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible should be utilized.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers

156 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 23 1
0 0
4 9
may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Council members are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (Per Diem Rates | GSA). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member

8. Meals
The City will pay for a Council member’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that an employee elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the

157 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 24 1
0 0
4 9
GSA amount eliminates the need for employees to submit receipts. Thus, the Council member only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official or employee shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.

9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.

Government and group rates must be used when available.

C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

E. Reports on Meetings

158 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 25 1
0 0
4 9
Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.

F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

159 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 26 1
0 0
4 9
Chapter 10. Communication

1. All communications are public records.

All letters, memoranda, email communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The Council, in adopting this policy, does not waive attorney-client privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.

B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.

C. City Clerk’s Office staff disseminate these materials to individual Council Members.

City Staff will scan and email correspondence.

D. General correspondence addressed to Council Members as a whole will be opened and delivered to all Council Members. A correspondence addressed to a single Council Member on a topic that is the subject matter jurisdiction of the city and/or due to come on an upcoming agenda will be shared with all Council Members.

5. Correspondence
A. The City Clerk is authorized to receive and take administrative action on all correspondence directed to the City Council. The City Clerk may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.

B. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet will be compiled and distributed to the City Council prior to the

160 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 27 1
0 0
4 9
City Council meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

C. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Council Members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized.

D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes, See also Section 12 of this Chapter.

6. Electronic Communication Record Retention
A. All emails sent and received through the City server are saved for at least three years on the City’s network and are subject to the Public Records Act.

B. Communication on social media sites are saved for at least two years.

C. Text messages sent on any City-provided device are saved for at least two years.

7. Social Media Use as a Council Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. For example these may include (without limitation):

Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Council Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.

1. Permitted Uses: You may answer questions, provide information to the public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.

161 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 28 1
0 0
4 9

2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.

B. First Amendment: Councilmember social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.

D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. News of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Council Members. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Council or City. Members should be mindful of recognizing that accomplishments of the City or Council are achieved by collective action of the entire body or organization, not by any individual council member.

8. Written Communications for Council Meetings
D. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm the Wednesday before the Council meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting any item being heard by the City Council.

E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.

F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the

162 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 29 1
0 0
4 9
City or a Council Member, or at the conclusion of the meeting if prepared by another person.

G. If a Council Member receives materials regarding an agenda item, they shall forward it the City Clerk and the City Manager as soon as possible.

H. If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project, or significant new information has become known.

9. Council Communication to Boards and Commissions
A. Council Members should be mindful not to unduly influence—through their attendance—the decision at a Board or Commission meeting so as to protect the independent process of that body.

B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.

10. Council – Staff Relations
A. Individual Council Members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the member’s colleagues. Requests that will require significant staff time may be referred to the full Council and only pursued if supported by a majority of the Council.

B. Council Members are encouraged to submit their questions on agenda items to the City Manager or Department Head (including copying the City Manager) as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting.

C. Council Members should direct any questions on agenda reports to the City Manager or their designee, usually the staff member presenting.

D. Clarifications or technical questions will be answered before the meeting whenever possible.

E. Questions and all staff-prepared responses will be forwarded to all Council Members.

11. Speaking for “the City”
Similar to written correspondence, when Council Members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the

163 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 30 1
0 0
4 9
position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

12. Speaking as an Individual
On occasion, Council Members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council. City letterhead and office support may be utilized in these circumstances, except it may not be used for personal or political purposes (x-ref 5(D) of this chapter).

164 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 31 1
0 0
4 9
Chapter 11. Legislative

1. Council Legislative Committee
A. It is the policy of the City Council that the Council be involved in the development of the City’s position on significant pending federal and state legislation that may directly impact the City of San Mateo.

B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.

C. The Legislative Committee may meet annually or as needed to draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters.

D. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, City Manager, or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.

E. The Committee’s recommendations shall be presented to the City Council for its consideration; if there is a pressing and urgent need to comment on pending legislation and getting approval in a City Council meeting is not practical, the Legislative Committee may take immediate action to communicate with legislators and copy the entire City Council on the communication and provide a brief report of action taken under Reports and Announcements at the next City Council meeting
F. The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.

2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:

1. Certifications of Appreciation or Recognition
Commendations typically issued to acknowledge the activities of a person or organization. These certificates may be issued by any member of the Council without formal action. Examples of traditional recipients would include departing Board and Commission Members, high school students with 4.0 grade point averages, Chamber of Commerce Outstanding Businesses Awards, recognizing Eagle Scouts, winners of local art or speech contests, etc.

165 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 32 1
0 0
4 9

2. Commendatory Resolutions
Typically used to handle matters requiring some type of formal memorialization such as the retirement of a long-tenured employee, or outgoing Mayor or Council Member. These are not voted on like a standard Resolution of Council action would be.

3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.

B. Preparation of City Proclamations

1. It is the policy of the City Council to issue proclamations for certain events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Examples of causes for which proclamations are regularly and routinely issued include; but are not limited to: notable accomplishments by citizens, youth groups, schools, local organizations, non-profit groups, and local events that deserve special recognition. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.

2. It will be the policy of the City Council to process requests for proclamations in the following manner:
a. The City Clerk will review the request with the Mayor. b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct the City Clerk to prepare the proclamation and the proclamation will be issued. c. If the Mayor determines the proclamation request is not consistent with the policy stated above, the request will be routed to the other Council Members to determine if there is interest in issuing the proclamation.
d. If a Council Member has interest in issuing the proclamation that the Mayor determined was not consistent with this policy, that Council Member will sponsor the item and shall be responsible for drafting the language to be contained in the proclamation. The sponsor Council Member shall provide the draft proclamation language to the City Clerk.

166 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 33 1
0 0
4 9
e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing the proclamation on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council in support of issuing the proclamation. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.

167 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 34 1
0 0
4 9
Chapter 12. Council Liaison Roles

1. The City Council will collectively review and approve liaison appointments. The recommended appointments will, to the best of the Council’s ability, attempt to match the requested positions with the needs of the respective body and the experience of the Council Member, while also attempting to equitably balance the distribution of assignments.

2. It is generally suggested that newly elected Council Members undertake a limited number of assignments during their first year, to allow opportunity to gain familiarity with the obligations and expectations of the role.

3. The assignment of City Council liaisons is conducted annually according to the following process:

A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.

B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list only to the City Clerk in December.

C. The ranking process uses the following methodology:

1. Top priority = I really want this (please mark at most only two #1s)

2. This is something I would like to have

3. I’ll take this one for the team

4. I do not want (perhaps the meeting timing does not work for you) D. The City Clerk will assemble responses into a table and provide it to the Mayor. The Mayor uses the following additional criteria to make assignments: Continuity assignments remain with the assignee unless the member is opting to step down from the role (see section 5 below); assignments will be assigned by highest priority desired with 1’s first, 2’s second etc.; in case of ties, overall balance and then seniority will be taken into account. For example, did the Council Member get their other first choice? Does the Council Member have other “plum” continuity assignments; ideally, everyone will get at least one of their top priorities; and you do not need to use your top rankings to hold onto continuity assignments.

E. In the event that a liaison has not been identified for each commission, the Mayor will divide any remaining liaison positions amongst the Council, attempting to equitably balance the distribution of the assignments and associated workload.

168 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 35 1
0 0
4 9
F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.

G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:

1. City Council Legislative Committee - ordered by Resolution 158 (1981)

2. City Budget and Audit Committee

3. Planning Commission

4. Council of Cities – City Selection Committee (Mayor with Deputy Mayor as alternate)

5. Honorary Chair of Sister Cities Association (Mayor)
H. The City Clerk shall maintain a list of all such appointments. The final liaison list will be distributed to all Council Members and posted on the City’s website.

4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.

B. Council Members should act as an advisor and resource to commissioners and the commission’s staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.

C. The Council liaison serves on the Appointment Subcommittee for the Commission they are assigned to. In the event the Mayor is serving as the commission’s liaison, the minimum subcommittee shall consist of the Mayor and Deputy Mayor.

5. Continuity Appointments to External Agencies
A. The City Council has identified certain appointments for which there is a strong need and desire for consistency and continuity in terms of Council participation and representation and the Mayor will maintain the current Council Member assigned as liaison to that body. The Council will have an opportunity at its annual review to see if a supplemental designation is needed due to changing conditions or if new bodies have been added to the list. All continuity appointment should also have an alternate assigned, so a member can be ready to take over the role if needed.

B. Liaison appointments to these bodies would not annually be re-assigned to another Council Member, as this would not provide the desired consistency. If it became necessary to re-assign the liaison for one of these bodies as the result of a vacancy or other reason, the liaison role would not typically be assigned to a newly elected Council Member. A Council Member with an interest in serving as liaison to any of

169 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 36 1
0 0
4 9
these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.

C. If a Council Member who is assigned as liaison to one of the aforementioned bodies anticipates leaving office, every effort should be made to mentor another Council Member so that those critical relationships can continue uninterrupted.

6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. This will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.

170 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 37 1
0 0
4 9
Chapter 13. Boards and Commissions

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

3. Reappointments, Vacancies, and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an agendized appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment.

However, if it is determined that a commissioner’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. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants.

C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, website, social media, and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate subcommittee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) serve staggered terms.

G. An “Appointment subcommittee” may include up to five City Council members.

The City Council shall appoint the members of the Appointment subcommittee. As a minimum, the Appointment subcommittee shall include; and a quorum shall be established as: 1) the Mayor (or their Council designee) and the Council liaison to the Commission. The Department Head affiliated with that Commission shall participate as a non-voting member of the Appointment subcommittee.

171 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 38 1
0 0
4 9
H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment subcommittee shall conduct candidate interviews and make a recommendation for Council approval. Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment subcommittee present.

I. At the conclusion of an Appointment subcommittee’s interviews of candidates, and the agreement on the recommended candidate, the appointment subcommittee may then designate up to two applicants who would be considered for listing on the eligibility list for a six-month period. The eligibility list is then ranked according to preferred next seating to a Commission vacancy. The list is only established with the full agreement of the Appointment subcommittee. It is not a requirement that an eligibility list be established if there are not applicants that are deemed qualified. This list may be used for automatic next appointments in the event of an unscheduled vacancy, the next person on the eligibility list would be submitted as the recommended candidate from the Appointment subcommittee on the next City Council regular meeting Consent Calendar.

J. The full Council will receive the Appointment subcommittee’s recommendation and the full list of candidates for each opening.

K. The Appointment subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. An agenda report summarizing the Subcommittee’s recommendations and including the full list of candidates reviewed for each opening will be provided to the full City Council. Council may adopt the recommendations as presented or pull the item for further discussion. The City Council can consider for appointment any of the candidates interviewed.

L. A majority vote of Council approves the appointees.

M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.

N. Unscheduled Vacancies

1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

172 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 39 1
0 0
4 9

3. All appointments occur in an open public meeting.

O. Youth Activities Council (YAC) Selection Process
The YAC is not appointed directly by the City Council but through an application method administered by the Parks and Recreation Department. High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

173 of 269

San Mateo City Council Rules & Procedures Proposed Revisions 4/1/24 40 1
0 0
4 9
Chapter 14. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

8. Emergency Guide for Elected Officials

174 of 269

Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council Action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, and September 6, 2022

175 of 269

Boards & Commissions Rules and Procedures
2 1
0 0
5 0
City of San Mateo, Boards and Commissions Rules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Commission Authority..............................................................................................4 Chapter 3. Duties .......................................................................................................................7 Chapter 4. Selection of Chair and Vice Chair ...........................................................................12 Chapter 5. Commissioner Conduct ..........................................................................................13 Chapter 6. Meetings ................................................................................................................15 Chapter 7. Meeting Agendas ...................................................................................................21 Chapter 8. Financial Matters....................................................................................................24 Chapter 9. Communication ......................................................................................................28 Chapter 10. Boards and Commissions Selection Process...........................................................32 Chapter 11. References..............................................................................................................34

176 of 269

Boards & Commissions Rules and Procedures
3 1
0 0
5 0
Chapter 1. Purpose and Overview
This manual describes the way the City of San Mateo’s Boards and Commissions do their business. It is a compilation of all Board and Commission (hereafter referred to as “Commission” for the sake of brevity) rules and procedures that have been formally adopted by Council. These Rules and Procedures (“Rules”) supersede individual Commission bylaws.

These Rules are intended to enhance public participation and debate so that the best possible decisions can be made for San Mateo. These Rules set a standard of professionalism, civility and decorum for the conduct of the City’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These rules, which must be approved by the City Council as a body, are subject to review and future modification by the City Council as needed.

Appointed Board and Commission members are expected to understand and comply with these Rules and Procedures. Failure to comply with the rules and procedures outlined in this document may be cause for removal from the appointed position.

Amendments to these Rules are made and approved by the City Council as a body, and are subject to review and future modification as needed.

177 of 269

Boards & Commissions Rules and Procedures
4 1
0 0
5 0
Chapter 2. Commission Authority

1. Commission Authority, Generally
A. The primary role of City commissions is to increase public input and participation in the determination of City policies and some programs.

B. The specific role of a City commission is to review and make recommendations to the City Council on matters within its scope of responsibility as defined in the Charter or Municipal Code. The commissions are basically a citizen’s advisory arm of the City Council, although certain commissions, such as the Planning Commission, may take final actions in certain prescribed areas.

C. Most importantly, the commission serves as a vehicle for public input into City programs and policies referred to it by the City Council or brought to its attention by staff.

D. The commission also serves to reduce the reevaluation of these matters before the City Council.

E. On the specific matters referred to it by the City Council, the commission serves as the principal reviewing body of the City.

F. Commissions adhere to the City Council’s policies on the programs under their scopes of interest.

G. Commissions serve to represent the general interests of the entire City and not specific program areas or specific interest groups.

H. Commissions are encouraged to express their views on issues, projects, or policies brought to them by the City department.

I. As further described below, the Planning Commission has a distinct role with the City in that it makes decisions and recommendations to the Council on land use matters. These include development applications submitted by project proponents.

2. Applicability
The complete scope of responsibilities for each commission is identified either in the Charter or in the City’s Municipal Code and will be provided by the Departments supporting the commission. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these Commission Rules and Procedures (“Rules”) shall be in effect upon adoption of the Council.

178 of 269

Boards & Commissions Rules and Procedures
5 1
0 0
5 0

3. Authority of Each Board / Commission
The authority of the City of San Mateo’s Boards and Commissions are described in the San Mateo City Charter Article VI, as well as its Municipal Code Title 2 Administration and Personnel in Chapters 2.15, 2.21, 2.24, 2.26, 2.27, 2.28, 2.29 and 2.57.

A. Library Board:

The Library Board oversees the Library department’s policies and accepts in the name of the City money, personal and real property donated for Library purposes.

B. Personnel Board:

The Personnel Board hears appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of municipal code chapter 2.57, and to certify its findings and recommendations as provided in the personnel system rules.

C. Community Relations Commission (CRC):

The CRC addresses a broad spectrum of social issues and related policy and provides oversight for Federal grant programs that implement public services, housing, and community development programs. It is also the hearing and appeals board for Code Enforcement related cases.

D. Park & Recreation Commission:

The Park and Recreation Commission makes recommendations to the City Council on acquisition, development, beautification and maintenance of public parks, landscape resources, public recreation facilities, budget, and programs of park and recreation activities.

E. Planning Commission:

The Planning Commission hears requests and makes decisions and recommendations on land use projects. This body also recommends policy changes to the City Council.

F. Senior Citizens Commission:

The Senior Citizens Commission encourages, fosters, and facilitates programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.

G. Sustainability and Infrastructure Commission

179 of 269

Boards & Commissions Rules and Procedures
6 1
0 0
5 0
The Sustainability and Infrastructure Commission was established in 2018, consolidating the Public Works Commission and Sustainability Commission into one commission. It is the duty of the Sustainability and Infrastructure Commission to advise on policies and programs related to environmental sustainability, transportation and infrastructure.

H. Investment Advisory Committee (IAC):

The IAC serves as an administrative advisory committee to the City Manager. The IAC provides added insight and an independent perspective on the City’s investment policies and practices.

I. Youth Activity Council (YAC):

The Youth Activity Council provides experiences and opportunities for the youth and young adult population by: providing safe and enjoyable activities; creating community through special events; enhancing leadership and decision-making skills; providing service learning experiences; practicing civic participation and empowering our youth’s voice with our decision makers.

4. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.

180 of 269

Boards & Commissions Rules and Procedures
7 1
0 0
5 0
Chapter 3. Governance Principles
In alignment with the City Council governance principles, each Board and Commission acts as a body, not as individuals. Commissioners understand and acknowledge the City is run on a Council-Manager form of governance and will respect professional staff’s role and the City Manager as leader of the City organization’s operations. Commissioners should be aware of and mindful of the impact of requests on limited staff resources.

181 of 269

Boards & Commissions Rules and Procedures
8 1
0 0
5 0
Chapter 4. Duties

1. Duties of the Chair
A. All City commissions elect a presiding officer, known as a chairperson for a one- year period.

B. The Chair sets the tone for the entire meeting.

C. To conduct meetings of the Commission as its chairperson efficiently:

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained during the meeting.

4. In presiding over matters where the public has provided comment or testimony and/or raised questions, the Chair should:
a. At the end of the public comment period, restate, if any, relevant questions from the public..
b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair and commission members.
d. Help keep Commissioner comments and questions relevant to the matter being considered by the Commission, and schedule non- agenda topics for subsequent meetings, where necessary and if agreed upon by the Commission during Reports and
Announcements.
e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Ensure that the decision and vote of the Commission on all subjects is announced. This may occur with the assistance of the City Clerk, Staff Liaison or commission clerk.

5. To ensure that each member of the Commission is provided an opportunity to completely express their views on items of business, the Chair should:

182 of 269

Boards & Commissions Rules and Procedures
9 1
0 0
5 0
a. Actively seek commission member comments and ensure that Commissioners ask to be recognized by the Chair before speaking to maintain an orderly process on the dais.
b. Make sure that each commission member has had a first chance at providing comments, before allowing another commission to make additional statements – unless thye are asked to clarify their prior statement.
c. Ensure that each commission member is given the opportunity to fully express their views.

D. To correspond on behalf of the Commission, provided that opinions expressed on behalf of the Commission or City Government are consistent with the consensus of the Commission.

E. Nothing under the Chair’s duties shall limit any individual Commissioner’s ability to interact with members of the public.

2. Duties of Vice Chair
In the absence of the Chair from the Commission meeting, the Vice Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position.

3. Duties of Commissioners
A. Arrive on time for all Commission meetings.

B. Review all meeting materials in preparation for Commission meetings and whenever possible/known ahead of time, direct questions to staff before the meeting if any item is unclear or clarification is needed.

C. Always alert staff in advance of the meeting if any item is intended to be pulled off of the Consent Calendar or whenever possible/known ahead of time an item introduced under Reports and Announcements for future commission consideration.

D. It is the responsibility of all members to assist the Chair in running an efficient and effective meeting by assisting with the orderly disposition of items, helping ensure all members are heard, participating fully in meaningful discussion and deliberation, keeping comments succinct, concise, civil and germane, and limiting repetitive comments. Council members are encouraged to hold their colleagues accountable for following these rules and do all in their power to contribute to the smooth running of a meeting for the community.

183 of 269

Boards & Commissions Rules and Procedures
10 1
0 0
5 0
E. All commission members are asked to alert the staff commission liaison when receiving media inquiries.

F. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meeting or for 15% of scheduled meetings annually, the City Clerk will notify Council who may take action to vacate the seat. The Commissioner is expected to notify the Staff Liaison or Staff Admin if they are unable to attend a meeting.

G. For Planning Commissioners, make every effort to participate in the California League of Cities Planning Commissioner Academy during the first year as a Commissioner, and every other year thereafter.

H. Read, and use as a primary reference, the Institute for Local Government’s Planning Commission Handbook.

4. Duties of Staff Liaison
A. The liaison, an assigned City staff person, has the following responsibilities:

1. Create meeting schedules

2. Prepare meeting agendas and Agenda Reports

3. Notify the City Clerk of attendance problems, resignations, and members’ change of contact information.

4. Ensure that sufficient research and analysis has been performed by staff to allow an informed decision by the Commission.

5. Help facilitate and advise the Chair on meeting management.

6. Ensure that all affected departments have an opportunity for input before bringing an item forward for commission consideration.

7. For the Planning Commission, arrange an annual joint meeting with the City Council.

B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that appointed board/commission members are oriented about policies and procedures as they relate to the body.

C. All communications addressed to a specific Board or Commission are received by the staff liaison or their designee and relayed to the appointed body.

5. Duties of Administrative Staff

184 of 269

Boards & Commissions Rules and Procedures
11 1
0 0
5 0
Each commission also has an administrative staff person (Staff Admin), who works with the Staff Liaison, to support the body. Their responsibilities are to:

A. Provide oversight of agenda preparation and its delivery to the full Commission and to the public.

B. Ensure that meeting materials--including a sufficient number of agendas, universal speaker slips, and at least one binder of all related reports being presented at that meeting–are available for the public to examine at the meeting.

C. Produce the action minutes for each meeting.

D. Provide annually a record of attendance of each commissioner to the City Clerk.

6. Duties of Council Liaison
A. Every year the Mayor will appoint Council Members to serve as liaisons to the City’s Boards and Commissions.

B. Council Members act as an advisor and resource to Commissioners and the commission’s Staff Liaison when issues regarding process, procedure, interpersonal or public relations arise. Commissioners are also welcome to approach the Council Liaison for support or if they have any concerns. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

185 of 269

Boards & Commissions Rules and Procedures
12 1
0 0
5 0
Chapter 5. Selection of Chair and Vice Chair

1. Commission reorganization, including rotation of the roles of the Chair and Vice Chair, occurs annually at the meeting as close as possible to June 10th of each year. The results of the vote should be publicly announced; and the vote recorded in the minutes.

2. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

3. The Chair and Vice Chair are elected by the majority of the commission for a one-year term and hold office until their successors are elected or until their terms as members of the commission expire.

4. The normal convention is a rotation from Vice Chair to Chair. Deviation from this normal convention should be extremely rare and must be accompanied by stated justification by the Commissioner making a nomination that does not conform to the normal convention.

5. The City Council believes that experience as a Commissioner will assist those who are selected to serve as Chair or Vice Chair, and that it is in everyone’s best interest that candidates have experience in cycles of governing to acclimate themselves to the jobs, tasks, and roles of the Commission.

186 of 269

Boards & Commissions Rules and Procedures
13 1
0 0
5 0
Chapter 6. Commissioner Conduct

1. Members shall: THIS SECTION WILL BE CONSIDERED AT THE UPCOMING WORKSHOP ON NORMS
A. put the community’s interests first at all times by making decisions with the interest of the community at-large in mind and avoid representing personal interests
B. treat each other, council members, staff, and members of the public with dignity, courtesy, and respect
C. not interrupt speakers, allow them to finish their presentation before asking questions
D. not engage in discussion with a member of the public during the meeting E. maintain confidentiality of all closed session materials and discussion F. be attentive to others, limiting interruptions and distractions G. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus
H. agree to respectfully disagree with colleagues
I. keep comments clear, concise, and on-topic
J. start and end meetings on time and work from the agenda K. determine whether to schedule a future agenda item for discussion and/or action, during Reports and Announcements, when non-agenda items are raised in the course of the meeting
L. present problems in a way that promotes discussion and resolution M. meet with the Council liaison to the Commission when requested.

N. Pay close attention to the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters

2.Commissioners may not be employed by the City or provide services under a contract with the City. Commissioners may not volunteer in the operations arm of the department their commission is affiliated with, without Department Head approval. However, Commissioners are encouraged to volunteer for city events, put on by any City

187 of 269

Boards & Commissions Rules and Procedures
14 1
0 0
5 0
department, or volunteer in any capacity in other City departments. Commissioners enhance their presence in the community by volunteering with local non-profits or assisting with community events and serving on special committees.

3. Commissioners are subject to all the provisions of the City’s Harassment and Discrimination Policy (#301).

188 of 269

Boards & Commissions Rules and Procedures
15 1
0 0
5 0
Chapter 7. Meetings

1. All Commission decisions must be taken at Commission meetings only after hearing the presentation, project applicants, and hearing all public comments/testimony, then only under council discussion with colleagues should Commission Members opinions be shared and deliberations engaged in before making any decision or taking action

2. No business may be transacted by the commission at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently appointed).

3. Commission Meeting Dates
A. If at any time any regular meeting of the Commission falls on a holiday or if it is known that a quorum will not be available, the meeting may be rescheduled to the earliest convenient time.

B. The Boards and Commissions shall adopt a schedule of quarterly or more frequent meetings on an annual basis, which become the regular meeting dates.

C. Regular meeting dates may be amended with the approval of the Commission.

4. Types of Meetings
A.Regular Meetings are those identified in the adopted meeting schedule. Regular meetings are agendized and posted at least 72 hours in advance of the meeting.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Chair or Commission with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the Commission, particularly on issues that are more complex or more time-consuming than matters typically scheduled on regular Commission meetings. At study sessions Commissioners may collectively provide direction to City staff, or to an applicant in the case of the Planning Commission. Typically, no action is taken at the study sessions, but direction may be given.

D.Closed Sessions at the commission level would be very rare and would only occur at the direction of the City Attorney. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after allowance for public comment, will be excluded.

E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

189 of 269

Boards & Commissions Rules and Procedures
16 1
0 0
5 0
F.Adjourned Meetings due to Power Outages
In the event a quorum of the body loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting may be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the Commission. Any other agenda items the Commission has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Commission shall be required for any formal action of Commission. If the meeting is virtual, or any member is teleconferencing in, the vote must be taken by roll call vote.

6. The Chair, with the approval of a majority of the Commission, can change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

7. Public Participation
A. All members of the public are encouraged and invited to participate in the legislative process of the City’s Boards and Commissions, for example by submission of comments before the meeting or speaking in person, or virtually when offered, at the scheduled meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of cheers or jeers that may discourage public participation. For these reasons, these rules are taken seriously. Disruptive or unruly behavior can result in removal from the Commission meeting to the extent allowed by state law. The presiding member of a legislative body may remove an individual for disrupting a meeting after the individual first receives a warning, yet continues the disruptive behavior. The legislative body may also decide to clear the room if interruptions render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of disruptive individual(s) alone.

C. Public meetings are considered a limited public forum in which speaker must stay on-topic if speaking to a particular agenda item. If speaking during general public comment, they must address matters within the subject matter jurisdiction of the City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

D. The Chair may, at their discretion with commission concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

190 of 269

Boards & Commissions Rules and Procedures
17 1
0 0
5 0
E. Generally, time Limits for public comment are dependent on the number of speakers:

1. Individual Speakers - 3 minutes
a. between 1 -10: 3 minutes
b. between 11-20: 2 minutes
c. over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers) – up to five (5) minutes for a group presentation, as many speakers as fit within the time allowance

3. Yielding of Time. To ensure that all persons have an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.

4. The Chair shall manage public comments such that no individual speaker is allotted a disproportionate amount of time.

F. In-person members of the public are invited to speak at the lectern microphone, whenever available, to ensure all attendees can hear and so that the recording can be captured.

G. Individuals who wish to speak in-person should submit a speaker card to the commission’s Staff Admin for in person meetings. For remote meetings conducted virtually, the raise the hand feature is used and managed by the Staff Admin. The Staff Admin with announce the last opportunity to submit forms or raise hands, and announce when the time has closed for public comment on any particular item.

H. Commissioners should be careful to not engage in back and forth questions or discussion with public speakers. If a member of the public raises a question, the Chair should invite staff (or an applicant before the Planning Commission) to respond to any questions raised at the end of the public comment period.

8. Agendized Discussion Items (Public Hearings, New Business, Old Business) A. Staff / applicant presentation
B. Open public hearing (or public comment section) for testimony C. Close public hearing (or public comment section)

191 of 269

Boards & Commissions Rules and Procedures
18 1
0 0
5 0
D. Response by staff to public questions/concerns (or by an applicant before the Planning Commission), if warranted
E. Council questions to applicant and/or staff.

F. Commission discussion and deliberation
G. Commission votes

9. Appeals
A. Appeals are public hearings and will follow the order stated above with the following time allocations:

1. Appellant – 15 minutes

2. Applicant – 15 minutes

3. Individual Speakers – as outlined in Section 7(E)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each

5. Clarification (Staff may offer explanation or clarification for the testimony)

6. If the appellant is also the applicant, only one 15-minute presentation is allowed.

B. Any person that addressed the Commission during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

11. At 11 pm, in order to ensure effective discourse on an item, the Commission will determine with a majority vote or whether to continue with an item or take up any unheard items.

12. Action Minutes
A. The City Council and all of its Boards and Commissions shall use Action Minutes to record the decisions of the body.

B. Action Minutes contain very little, if any, narrative content and do not capture details of public comment or Commissioner comments, questions and opinions.

Staff is responsible for producing the minutes. Commissioners may request

192 of 269

Boards & Commissions Rules and Procedures
19 1
0 0
5 0
correction only of factual errors when presented with the draft minutes. No supplemental materials may be appended to minutes.

C. Motions and votes are shown in the record, whenever applicable.

D. Media (audio/video) recordings will be used to provide a verbatim record of meetings and are kept as identified in the City’s Records Retention Schedule.

13. Conflict of Interest
A. The Political Reform Act (PRA), implemented and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Commissioner that they may have a prohibited financial interest in any City contract, or an item that may be presented to the Commission, the Commissioner should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the Commission, the City Council, the City Manager, the affiliated Department Head, and the Staff Liaison.

E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon or participate in any matter on which they have a conflict of interest.

G. A member shall openly state the reason for their conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse themselves from the dais and leave the room unless it is during the Consent Calendar.

193 of 269

Boards & Commissions Rules and Procedures
20 1
0 0
5 0
Chapter 8. Meeting Agendas

1. Agenda Order
Commission agendas will be prepared by the Staff Liaison to the commission and presented to the Commission in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call
B. Consent Calendar
All matters listed under the Consent Calendar are considered by the Commission to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed by a Commission member and considered separately. Members of the public may speak to any Consent Calendar item without the item being pulled.

C. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the Commission at this time. State law prevents Commissions from taking action on any matter not on the agenda. Comments may be referred to staff for follow up. Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment will be provided later in the agenda, if needed. Timing is per Chapter 7(E)1 of these Rules.

D. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Commission.

E. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

F. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

G. Reports and Announcements

194 of 269

Boards & Commissions Rules and Procedures
21 1
0 0
5 0
Commissioners provide an update on any meetings they attended in their commissioner role and Commissioners may make individual requests to schedule future items for consideration. A majority vote of the Commission is required to place a request on a future agenda.

H. Additional Public Comment (if needed)
I. Adjourn

2. Agenda Item Submission
A. The Staff Liaison coordinates all agenda items for consideration on a given agenda.

In order to ensure that each item for discussion has been thoroughly analyzed in advance, an Agenda Report shall be prepared.

1. The preparation of Agenda Reports applies to all Boards and Commissions in order to ensure:
a. The Board or Commission has all the information needed to make a well-informed decision; and
b. Any action is fully transparent to the public.

2. Agenda Reports shall be part of the public agenda packet issued prior to the meeting. Copies of the agenda, Agenda Reports and supporting materials shall be made available to the public at the meeting.

B. A Commissioner may request an item be considered on a future agenda and, upon a majority vote of the Commission, staff will prepare an Agenda Report and agendize the item for a future meeting. Before the vote, staff will provide information, if available, on how much staff time would be required to produce the Agenda Report.

C. Members of the Public

1. A member of the public may request Commission action in the following ways:
a. Write a letter or email to the Commission
b. Speak during the Public Comment period at a Board / Commission meeting

2. The first response is for the staff liaison to address concerns raised directly outside the meeting regarding the issue.

195 of 269

Boards & Commissions Rules and Procedures
22 1
0 0
5 0

3. If a majority of the Commission agrees, the item will be agendized at a future meeting.

196 of 269

Boards & Commissions Rules and Procedures
23 1
0 0
5 0
Chapter 9. Financial Matters

1. All Commissioners serve as volunteers without compensation or a stipend.

2. Commissioner Expense Reimbursement Policy
It is rare that a Commissioner would need reimbursement, but in the event that they do, the following policy shall apply:

A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business.

2. Expenses incurred while attending educational seminars designed to improve officials’ skill and information levels are permitted with pre- approval from the affiliated Department Head.

3. All other expenses require prior approval by the City Council.

4. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State

197 of 269

Boards & Commissions Rules and Procedures
24 1
0 0
5 0
of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Commissioners are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (http://www.gsa.gov/portal/content/104877). This

198 of 269

Boards & Commissions Rules and Procedures
25 1
0 0
5 0
maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member.

8. Meals
The City will pay for a Commissioner’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that a Commissioner elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the GSA amount eliminates the need for employees to submit receipts. Thus, the Commissioner only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official shall be reimbursed the amount being charged by the event organizer for the meal.

The City will not pay for alcohol/personal bar expenses.

9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.

Government and group rates must be used when available.

199 of 269

Boards & Commissions Rules and Procedures
26 1
0 0
5 0
C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

E. Reports on Meetings
Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.

F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

200 of 269

Boards & Commissions Rules and Procedures
27 1
0 0
5 0
Chapter 10. Communication

1. All communications are public records.

All letters, memoranda, email, texts and other platform writing communications involving members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The City Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Commissioner should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Correspondence
A. After the Commission has taken a position on an issue, official correspondence should reflect this position. While Commissioners who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Board or Commission title, and staff support should not be utilized.

B. City letterhead, logo, insignia and brand, as well as, staff support cannot be utilized for personal or political purposes.

C. Generally, correspondence relating to a specific Commission agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet will be compiled and distributed to the Commission prior to the meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

5. Electronic Communication Record Retention
A. Commissioners are issued City of San Mateo email addresses and are required to use this email for all commission related communication. The City email may not be forwarded to a personal email.

B. All emails sent and received through the City server are saved for at least three years on the City’s network and are subject to the Public Records Act.

201 of 269

Boards & Commissions Rules and Procedures
28 1
0 0
5 0
C. Communication on social media sites are saved for at least two years.

D. Text messages sent on any City-provided device are saved for at least two years.

6. Social Media Use as a Commission Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. For example, these may include (without limitation):

Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Commission Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.

1. Permitted Uses: You may answer questions, provide information to the public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.

2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.

B.First Amendment. Commissioners social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.

202 of 269

Boards & Commissions Rules and Procedures
29 1
0 0
5 0
D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. News of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Commissioners. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Commission or City.

Members should be mindful of recognizing that accomplishments of the City or Commission are achieved by collective action of the entire body or organization, not by any individual commissioner.

7. Written Communications for Commission Meetings on Agenda Items A. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm one week before the Commission meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, on all plans, correspondence, and other documents being heard by the Commission. Contact the Commission’s Staff Liaison or Staff Admin for specifics.

B. To be included in the addendum to the packet, items may be received up until 4 pm the day of the scheduled meeting.

C. Materials distributed to Commissioners during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Commissioner, or at the conclusion of the meeting if prepared by another person.

D. If a Commissioner receives materials regarding an agenda item, they shall forward it the Staff Liaison as soon as possible.

8. Commission - Staff Relations
A. Commissioners may make requests of City staff through their Department Head for limited research and information. Requests that will require significant staff time, as determined by the Staff Liaison, may be referred to the full Commission and only pursued if supported by a majority of the Commission. All requests for research and information shall be made through the Staff Liaison.

B. Commissioners are encouraged to submit their questions on agenda items to the Staff Liaison as far in advance of the meeting as possible so that staff can be prepared to respond at the Commission meeting.

C. Clarifications or technical questions will be answered before the meeting whenever possible.

203 of 269

Boards & Commissions Rules and Procedures
30 1
0 0
5 0
D. Questions and all staff-prepared responses will be forwarded to all Commissioners.

9. Speaking for “the City”
Similar to written correspondence, when Commissioners are requested to speak to groups or are asked the Commission’s position on an issue, the response should reflect the position of the Commission as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the Commission voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the Commission’s position rather than that of an individual member.

10. Speaking as an Individual
On occasion, Commissioners may wish to transmit correspondence on an issue upon which the Commission has yet to take a position or about an issue for which the Commission has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the Commission or the City as a whole, but for themselves as an individual.

204 of 269

Boards & Commissions Rules and Procedures
31 1
0 0
5 0
Chapter 11. Boards and Commissions Selection Process

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Reappointments, Vacancies and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment. However, if it is determined that a commissioner’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. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants. Commission recruitment occurs annually in the months of April and May and is managed by the City Clerk’s Office. For these routine vacancies, the announcement is made approximately two months prior to the date on which the vacancy is to occur.

C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, the website, social media and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) are appointed by a majority vote of the City Council and serve staggered terms.

G. A City Council Appointment Subcommittee conducts the candidate interviews and makes a recommendation for Council approval. The Council will receive the full list of candidates for each opening.

H. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular

205 of 269

Boards & Commissions Rules and Procedures
32 1
0 0
5 0
Council meetings. A staff report summarizing the Subcommittees’ recommendations will be provided to the full City Council and will include the list of all candidates reviewed by the subcommittee. Council may adopt the recommendations as presented or pull the item for further discussion. A majority vote of Council approves the appointees.

I. The designated Appointment Subcommittee may establish an eligibility list for up to two applicants that will remain in effect for a six month period..

J. Unscheduled Vacancies

1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

3. All appointments occur in an open public meeting.

K. Youth Activities Council (YAC) Selection Process
The YAC is not appointed directly by the City Council but through an application method administered by Parks and Recreation. High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

206 of 269

Boards & Commissions Rules and Procedures
33 1
0 0
5 0
Chapter 12. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

207 of 269

CITY OF SAN MATEO
4 6
9 5

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: OLD BUSINESS Account Number: 14-1311 File ID: 24-8446 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 1, 2024
SUBJECT:

Pedestrian Mall – Project Update/Street Barrier Selection, Business Feedback and Potential Pilot Program RECOMMENDATION:

Receive a status update on the Pedestrian Mall project, provide direction on whether to proceed with a pilot program for the Pedestrian Mall between 1st and 2nd Avenue and on the type of traffic barriers that will be commissioned to control vehicular access on both blocks.

BACKGROUND
In June 2020, the City initiated a temporary outdoor dining program as a response to slow the spread of the COVID-19 virus, allowing food service establishments to utilize parking spots in front of their businesses for outdoor dining.

Furthermore, to facilitate more outdoor dining areas, B Street between 1st and 3rd Avenues was closed to vehicular traffic, and the stretch from Baldwin Avenue to 1st Avenue was converted from a two-way street to a one-way street.

These facilities were well utilized by the community, and at the May 17, 2021 City Council meeting, Council directed staff to establish a year-round Pedestrian Mall on the segment of B Street from 1st to 3rd Avenues, with through east-west traffic permitted on 1st, 2nd, and 3rd Avenues. A Resolution of Intent to this effect was adopted on June 21, 2021, setting a public hearing date for September 20, 2021. Prior to the hearing, property owners and tenants could submit objections and claims for damages. The City received one objection. Public feedback varied, with concerns about parking and accessibility balanced by enthusiasm for the increased opportunities for social interactions and outdoor activities the Pedestrian Mall offered. On October 4, 2021, Council adopted the Pedestrian Malls Ordinance (SMMC Ch. 11.29).

Thereafter, staff began work on the design phase of the Pedestrian Mall, which includes enhancements such as street furnishings, safety barriers (bollards) at the street ends, ADA access improvements, and bike racks (Attachment 1).

Originally, these improvements were scheduled for implementation in early spring 2024, but the design has taken longer than expected and implementation is now slated for fall 2024. During the time since the Pedestrian Mall was established and the City’s outdoor dining program became permanent, staff also continued to work with merchants throughout the City to process and issue outdoor dining and parklet permits. On July 17, 2023, refinements to the permit guidelines were presented to Council and following public comment a conversation about the status of the Pedestrian Mall ensued. The emphasis was on the success of the north block (B Street between 1st and 2nd Avenues), which was not doing as well as the south block (B Street between 2nd and 3rd Avenues), and how economic activity in the north block could be enhanced.

The Council ultimately approved the permit process refinements and directed staff to waive permit and permit renewal fees for parklets and outdoor dining within the Pedestrian Mall for one-year and to conduct interviews with the merchants to learn more about impediments to the greater success of the program, particularly on the north block. Shortly thereafter, in October 2023, the recently approved cultural diversity street mural was installed. Staff also implemented short-term aesthetic improvements such as water barrier camouflage/decorations and sphere lights in the tree canopies

208 of 269

CITY OF SAN MATEO
4 6
9 5
to enhance the look and feel of the Pedestrian Mall. Meanwhile, the long-term design improvements, which are underway will be installed. In addition to staff’s efforts, community volunteers placed wine barrels, public seating, and games on the north block to attract users and provide gathering spaces. Staff has also completed interviews with merchants along B Street, sponsored/cosponsored events in the Pedestrian Mall, and worked with several merchants in the Pedestrian Mall on outdoor dining and parklet permits.

Below are further details about the long-term design, immediate term enhancements, merchant interviews, and potential options for next steps within the Pedestrian Mall.

Pedestrian Mall Project Update
Long-Term Design
The City entered into an agreement with Community Design + Architecture in January 2022 to design the above-described improvements to the Pedestrian Mall. These design improvements included installing permanent bollards, midblock ADA ramps, planters, public seating areas, bike racks, vehicle loading areas with improved signage and other site furnishings. All improvements are intended to make the pedestrian mall safer and improve the public experience for its users. The original construction budget was $1.2 million for both blocks, and the estimated cost based on the completed February 2024 design drawings is $1.62 million, $420K over budget. The design work was advertised for construction bids between March 7, 2024 and March 28, 2024. The closing date is prior to the April 1st Council meeting and staff’s oral presentation will include an update on the bid results. The bid amount will provide more realistic project completion numbers which will be presented at the Council meeting.

During the design phase, the consultant presented several barrier options to staff. Following a thorough analysis, staff chose automatic hydraulic bollards for the emergency vehicle access (EVA) lane portion of the block, given their excellent crash safety rating and user-friendly design for both entry and exit. For the remaining entry and exit points, static fixed bollards were selected. These bollards, while visually identical to the hydraulic ones, remain stationary. While the automatic hydraulic bollards met both the safety and ease of use criteria, they did come at the expense of cost. The automatic hydraulic bollards alone cost about 40% of the total construction expenses, which equals around $590,000.

When you count all the bollards used in the project, they make up about 50% of the total construction costs, which amounts to approximately $742,000.

Immediate-Term Enhancements
While working with Community Design + Architecture on long-term design improvements, other steps were taken to beautify the Pedestrian Mall. In June 2023, the Council commissioned artist Rafael Blanco to create a street mural in the emergency vehicle access lane to celebrate San Mateo's diversity, commitment to equality, and inclusivity; the street art mural has a planned project lifespan of 3 to 5 years. Titled “Cultural Patterns”, the mural was unveiled to the public in fall 2023. Also, in fall 2023, the existing water barriers were covered with faux foliage to improve their appearance, and the coverings were recently updated with new greenery and flowers. More recently, 25 illuminated orbs were incorporated into the tree canopies along the Pedestrian Mall to complement the twinkle lights on the tree trunks and further enhance the nighttime atmosphere. Furthermore, City departments have collaborated with the Downtown Association and Chamber of Commerce to host numerous activities on the Pedestrian Mall, such as festivals, popups, holiday celebrations, and live music events to activate and enliven the space. These community events have been warmly embraced by both residents and businesses.

Since late summer 2023, staff has analyzed ways to better enhance the look of the water barriers until the permanent bollards are ready for installation. Staff has also explored ways to introduce more planters or landscaping in a way that would not conflict with the longer-term investment, which includes planters. Staff visited THJE city of San Carlos’s pedestrian mall and engaged with their staff. Instead of costly bollards, San Carlos has attractive custom self-watering planter boxes that cover existing water-filled barricades like San Mateo’s (Attachment 2).

Using the ones in San Carlos as a model, staff solicited quotes to custom fabricate approximately 18-26 of these custom self-watering planter boxes. The estimated cost for each block is approximately $43,000 with a total of $86,000 for both blocks. It's worth noting that these self-watering planter boxes would provide at least as much protection as the current

209 of 269

CITY OF SAN MATEO
4 6
9 5
water barriers, though not as much as the automatic bollards. All of them could have wheels and locks, for easy Emergency Vehicle Access (EVA) and concurrently provide a secure fixed location. These features have been discussed with Fire and Police and no concerns were expressed. It should be noted that to date, the City has not experienced safety conflicts where the current 26 water barriers have been located since 2021.

Merchant Interviews
Interviews with Businesses inside the Pedestrian Mall
As directed by Council, staff interviewed 30 food businesses within the Pedestrian Mall blocks who do not currently have outdoor dining or parklets to understand any impediments to their use of outdoor dining areas and their future plans, if any, to expand outdoors. Most businesses opting out of parklet platforms or outdoor dining indicated they do so because they have adequate indoor seating. Some established dining businesses see no need for reinvestment due to lack of profit, while others face obstacles like landscaping medians and storm drains space and staffing shortages. The variation in outdoor dining use between blocks may also be due to differing business compositions. The block from 2nd to 3rd has more full-service restaurants, whereas the block between 1st and 2nd has historically had a mix of personal service users and retailers, and take-out food establishment who may not require outdoor expansion.

However, since last July, staff approved four parklet platform permits and two new outdoor furniture permits in the Pedestrian Mall. Of these, two outdoor furniture permits have been implemented on the block between 2nd & 3rd while construction for four parklet platforms (two on each block) is still pending. The businesses using outdoor dining strongly support the street closure, and this sentiment is stronger for businesses between 2nd and 3rd Avenues where several businesses have already expanded outdoors. However, the business landscape is evolving between 1st and 2nd Avenues, with two restaurants set to build parklet platforms in the spring and others showing interest for outdoor dining that has yet to open. Additionally, we are seeing businesses can change their stance over time. For instance, a quick-service food establishment, initially against the closure due to the perceived number of vacant storefronts between 1st and 2nd, is transitioning to a full-service establishment to take advantage of the closure. The business is currently closed and will reopen in a few weeks. During the interviews staff heard positive feedback about the mural and the events held in the Pedestrian Mall.

Interviews with Businesses from B Street between Tilton to 1st Ave and B Street between 3rd to 5th Avenue In response to a private survey sponsored by a landowner in Downtown regarding the Pedestrian Mall and its impact on surrounding businesses, staff also conducted interviews with businesses on four additional blocks of B Street: from 1st Avenue to Tilton and from 3rd to 5th Avenues. The privately sponsored survey concluded that the north block should be at least partially reopened and based on merchant sentiments. Though less formal, staff interviews revealed slightly different results. While there are businesses who want the street to be reopened to cars because they believe it would spur more vehicular and foot traffic and provide more parking, there are also businesses who want to see more beautification of the Pedestrian Mall and support the closure. Merchants said they like the special events held on the block that brought people to the Downtown and supported the idea of the Pedestrian Mall as a public area for community building.

Additionally, many businesses perceived the street closure as having a neutral or no effect on their business revenue.

When staff asked North B Street businesses about the impact of the street closure on their sense of connection with the Downtown, businesses noted they had a feeling of disconnection that existed before the street closure and mentioned that recent efforts by the DSMA, Downtown Coordinator, Police Department, and Economic Development to host regular meetings in North B and increase awareness of safety, cleanliness, special events, signage, and beautification projects on North B have helped alleviate this feeling. Some also expressed confusion about the context and administration of the recent survey they had taken. Staff’s notes on the merchant conversations are included as Attachment 3.

Discussion
Staff has worked on the long-term design phase of the Pedestrian Mall since January 2022. While the design work was underway, staff and volunteers implemented enhancements to enrich the street ambiance, the City facilitated and improved outdoor dining and parklet permits, staff and other organizations organized special events, and live music, and the City installed an iconic art mural on the emergency vehicle lane within the closed street. As of this report, the long- term design project is currently in the bidding process, but implementation has still taken longer than expected. While all

210 of 269

CITY OF SAN MATEO
4 6
9 5
of these efforts directly related to the Pedestrian Mall were happening, General Plan 2040 was adopted, which will change the Downtown area. One of the initial steps toward implementation will be to update the Downtown Area Plan, which includes subject areas such as land use, building design, street and sidewalk design, and circulation—all of which will need to consider how the Pedestrian Mall fits in within the larger context of Downtown San Mateo. This will be a huge effort with an enormous amount of community input needed.

Staff recommends Council consider implementing a pilot period for the north block of the Pedestrian Mall. This period could last from 3-5 years to align with the life span of the mural that was just installed, and would allow businesses time to further adapt to the closure while enabling the City and its partners to continue to activate and promote the area. It also provides an opportunity to assess whether businesses' perspectives on the Pedestrian Mall continue to evolve. This would also allow enough time for the updated Downtown Area Plan to unfold with flexibility in how the Pedestrian Mall north block is planned for moving forward long term. For instance, one area for consideration might be how to account for substantial crowning on B-street which could impact the street and sidewalk design within the Pedestrian Mall.

Should Council decide to pilot the north block, staff recommends considering use of the San Carlos style planter water barriers on that block. These would provide improved safety due to the ability to lock them into the street and would also look better and be less expensive than the hydraulic and fixed bollards in the long-term design drawings. Another option is to use the San Carlos style water barrier planters on both blocks throughout the pilot period, though it is acknowledged staff is not suggesting the south block as a pilot program, for the sake of aesthetic continuity. Then, when the north block pilot period is over, all permanent improvements could be made at one time. Alternately, if Council does not wish to pilot the north block or desires to have the utmost safety options now, even if it is not for the longest term, staff could proceed with the hydraulic and fixed bollards now.

If Council decides against utilizing hydraulic bollards on either Pedestrian Mall blocks, staff will be required to reject all the received bids, which will likely delay the project by several months. However, in such a scenario, we could convert all of the water barrier to planters for $86K within about two months from the start of the project. Because the planters have wheels in addition to locks, they would be portable and could be repurposed.

The following is a project cost summary with bollard and planter barrier options:

Bollard Selection Estimated Cost Additional Funds Needed Automatic Bollards $1,620,000 + $420,000
Automatic Bollards and Self-Watering Planter Boxes $1,200,000 $0 Self-Watering Planter Boxes $875,000 -$325,000
Staff is seeking Council direction on the following items

1. Does the City Council support a pilot program for the pedestrian mall between 1st and 2nd Avenue with the termination coinciding with the art mural's lifespan and/or the completion of the new Downtown Area Plan?

2. Does City Council support installing planter water barriers on both blocks?

3. Does City Council support installing automatic hydraulic and fixed bollards on B street between 2 nd and 3rd and planter water barriers on B Street between 1st and 2nd?

4. Does the City Council support installing automatic hydraulic and fixed bollards on both blocks? BUDGET IMPACT:

There is no budgetary impact associated with the requested recommendations, as no action will be taken at the Council meeting. If the recommendations result in funding in addition to what is already accounted for in the Pedestrian mall project, staff will return to Council as needed to request to additional funding.

Click or tap here to enter text.

211 of 269

CITY OF SAN MATEO
4 6
9 5
ENVIRONMENTAL DETERMINATION:

This status update is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All noticing requirements were met.Click or tap here to enter text.

ATTACHMENTS
ATT 1 – Pedestrian Mall Design Plan
ATT 2 – Photo of Bollard Types
ATT 3 – Business Feedback

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009
Stephanie Pinon, Senior Engineer
[email protected]
650-522-7315

212 of 269

Landscaping and ADA Improvements
*Planters will be black
Planter Pots Mid-Block ADA Ramp
1 213 of 269

Seating and Bicycle Improvements
Tables
Benches
Bike Racks
2 214 of 269

Landscaping/Seating/Bike Improvements (1st to 2nd)
3 215 of 269

Landscaping/Seating/Bike Improvements (2nd to 3rd)
4 216 of 269

ADA-Compliant Parking Stalls
(2nd Avenue)
5 217 of 269

6 Bollard And RFID Post Plan

218 of 269

Photos of Barriers and Planters
1 219 of 269

Business Feedback about the Pedestrian Mall
B Street Between 2nd & 3rd Avenues
1 Meet Fresh

Sufficient indoor seating and there is not enough business to warrant the need for outdoor seating area.
2 Heere Tea Has existing table and chairs on the street. Current outdoor seating is sufficient. Will wait to see if there is need for improvements to their outdoor dining. 3 Potato Guys (Not open
yet)
Will keep existing outdoor dining area. Not interested in a platform in the near future. 4 Pacific Catch Sufficient indoor seating. Updated their outdoor area with new planters in the last 12 months and will keep the current outdoor area in the near term. 5 NY Pizza Outdoor seating is sufficient. Owner has expressed interest in updating their outdoor area, but no immediate plans to execute.
6 Eddy's Bar Owner is not interested in any outdoor use. 7 Blue Bottle Coffee Current sidewalk dining is sufficient. Corporate/HQ doesn't want to apply for parklet because they want alignment for outdoor dining for all of their locations and the existing indoor seating is sufficient. Additionally, outdoor dining needs more staff to manage the parklet because the seating can get messy and moved around. 8 Thai Elephant Due to the conditions of the street (location of the planter and sewer next to the restaurant), it is not effective for them to install or apply for outdoor dining inside the pedestrian mall. Owner is interested in exploring a parklet along 2nd Avenue. Thai Elephant also have concerns about odors around the downtown that can make their outdoor dining location unpleasant. Street closure has not impacted their business. 9 Fire Wings Has existing tables and chairs on the street. Has a flexible setup which is able to shortened for public events. Expressed interest in potentially improving the space with a platform later in the year.
10 Eye Works (Service) Outdoor dining isn’t allowed because it is a retailer/optometrist. 11 Bonchon Has existing tables and chairs and is not looking to do anything different in the near future.
12 OsinBBQ (Not opened yet) Will open summer 2024. Ownership expressed an interest in outdoor dining but likely not looking at building the space until the business is opened. 13 Victor's shoe repair
(Service)
Outdoor dining area used by The Barrel Bistro and Wine Bar. Owner shared difficulty in clients picking up or dropping off shoes. Requested staff look at drop off and pick up areas close by to mitigate the issue.
14 Las Amigos Imports
(retailer)
Outdoor dining area used by The Barrel Bistro and Wine Bar. Owner shared difficultly for loading and unloading goods.
15 The Barrel Wine and Bistro Owner has received a permit for outdoor dining. Construction pending. 16 Tong Sui Has existing tables and chairs. Not interested in making changes. 17 San Mateo Liquor store
(Retailer)
Outdoor dining area used by Urban Momo. Likes and supports the street closure. 18 Urban Momo Has existing tables and chairs. Parklet platform is currently under construction. 19 Peets Has existing tables and chairs. Management have no interest in improving outdoor dining area. Existing setup is sufficient for their needs.

Number of Service users

2 11%
Number of Retailer users

2 11%
Number of Food establishments 15 79%
Percent of food establishment with outdoor/sidewalk dining 11 73%

220 of 269

Business Feedback about the Pedestrian Mall
B Street Between 1st & 2nd Avenues
1 Fanoli (Retailer) Outdoor dining is not allowed because they are a retailer. 2 Bamboo drinks Indoor seating is sufficient ownership is not interested in outdoor dining as most clients order takeout.
3 Palor 151 (Service) Outdoor dining is not allowed because they are a personal service business. 4 Glamor Nails (Service) Outdoor dining is not allowed because they are a personal service business. 5 Impressions branding store
(Service)
Outdoor dining is not allowed because they are an engraving and custom branding company.
6 Zhang Liang Malatang Owner expressed they have sufficient indoor seating needs and the business has a patio along Main Street if they need to expand outdoors. 7 Curry House Pizza (Not open
yet)
Anticipated opening May/June. Ownership has expressed interest in outdoor dining and have spoken to staff about the permit. Currently going through their ABC license.
8 Curry Up Now Owner has expressed interest to rebuild parklet. No formal application yet. Owner has expressed the closed street has negatively affected their business revenue. 9 A Squared Wine Bar Recently opened. New owners want to focus on internal service before bringing it outdoors.
10 Philz Sufficient indoor seating and patio seating in front of their businesses. Not interested to improve outdoor dining.
11 Orange Theory (Gym) (Personal
Service)
Outdoor dining is not allowed because they are fitness studio. 12 Old Town Sushi

Ownership does not want outdoor dining due to the potential ADA lawsuits and additional employees needed to manage outdoor space. Owner have expressed interest to reopen the street for additional parking. Owners like the outdoor and special events.
13 Smoke Shop (Retailer) Outdoor dining is not allowed because they are a retailer. 14 Yi Fang New ownership as of 2/1/2024. New owners have expressed interest having outdoor dining area or utilizing the existing street furniture or sidewalk seating for additional seating.
15 Kajiken Approved parklet permit Jan 2024. Construction pending. 16 Performance Golf (Gym)
Service
Manager supports the closed street and art mural. Working with DSMA to do regular programming on the pedestrian mall to help activate the street. 17 Metro (Retailer) Outdoor dining is not allowed because they are a retailer. 18 Revolution Salon (service) Outdoor dining is not allowed because they are a personal service company. 19 Somi Somi Not interested in outdoor dining. Do not have enough employees to keep the area clean.
20 Urban Ritual Removed their outdoor dining area because it was being used by Somi Somi customers and Somi Somi didn't participate in keeping the area clean. 21 Fogbird Existing outdoor dining is sufficient for now. Supporter of the street closure, special events and street art mural.
22 KOJA Originally, they were not a supporter of the street closure because they believed the closure contributed to the lack of foot traffic and vacancies. Additionally, most of their business are to go. They have changed their opinion about the street closure since Somi Somi, Zhangliang Malatang, and Kajiken opened their doors.

Owner is currently changing their operations to a full service restaurant and expressed interest to have outdoor dining when they change their business model. 23 Mountain Mikes Sufficient indoor seating. Most of the business is take out and pick up business. 24 Porter House Approved parklet permit January 2024. Platform pending construction.

221 of 269

Number of Service users

6 25%
Number of Retailer users

3 13%
Number of Food establishments 15 63%
Percent of food establishment with outdoor/sidewalk dining (including construction pending locations)
4 27%

222 of 269

Business Feedback about the Pedestrian Mall
North B Street Between Baldwin and Tilton Avenues
Magdali's Owner likes the street closure. Limited English.

Neelam Liquors Owner dislikes the closure. The closure doesn't help business. Deliveries are more difficult due to street closure.

La Huerta Mentioned to staff that Prometheus surveyors didn't come inside their business. They have had no impact for business due to street closure on B Street.

Torito Market Owner likes the street closure. Limited English.

Barber shop Owner likes the street closure. Limited English.

Alvarado Tax and
Accounting
The street closure has had limited effect on their business, because they are a hybrid office use.

Arcos bakery New business owner that recently opened. No impact from the street closure.

Velocitek No comment. Visited business two separate times.

Puento law No response after reaching out via email.

Video Loco Didn't talk to Prometheus surveyors. No impact for business due to street closure. The biggest impact is that they must talk to clients on how to navigate around the street closure. Supports the closure.

La pinata Talked to the Prometheus surveyors. Shared directly that there has been no difference on business revenue before or after the closed street. Supports the closure.

PIASC Italian club The street closure has had some parking and circulation impact, but enjoys having the street closure because it builds a sense of community.

Mi Rancho Talked to the Prometheus surveyors. Didn't fully understand the purpose of the survey and was confused about who sponsored the survey. Shared that they didn't like the white barren water walls before it was decorated because it looked like a construction site. Has seen no difference for revenue from the street closure.

Pupuseria El Salvador Does not support the closure. Had many complaints about the City unrelated to the street closure.

Emily salon No comment. Visited business two separate times.

Check store/Cannan
Express
Like the street closure. Does not want B Street closed in front of their store.

Las Pencas 2 No problem with the street closure. Business is doing well.

Cricket No comment. Visited business two separate times.

Medicina alternative Seen no difference on revenue from street closure. Limited English Snacks Seen no difference on revenue from street closure. Owner has issues with the sidewalk peddlers on the sidewalk. No comments about the street closure.

Smoke Shop Street closure doesn't affect business.

Taqueria Los Primos #2 Talked to the Prometheus surveyors. No negative impact to revenue due to the street closure.

Their customers have gotten used to the street closure and can find them without a problem.

223 of 269

Business Feedback about the Pedestrian Mall
B Street between Baldwin and 1st
Wursthall No comment on street closure.

Joy Sushi Gross sale 30-50% after street closure. Owner does not support the closure or closure between Baldwin to 1st Ave.

O’Neil’s Irish Bar Pedestrian Mall closure does not affect business either way.

Jeffry's Hamburgers Street closure does affect business. Would like the street closure to be reopened.

Ox noodles Want the street reopened. Parking is not easy to find. The open street would increase traffic and more people will head over to their business and discover their business.

H&R Block No impact to business from street closure.

Maison Salon Likes the closed streets because it helps build a sense of community. Wants to see more beautification on the closed streets and more events to bring people downtown.

Donut Delite Does not like the street closure. Reduced business revenue since the street was closed.

B Street between 3rd and 4th
B Street Books Supports the street closure for community building, special events, and public space.

Wants the City Council to provide more time to see how the space is used after the improvements are made.

Indigo Rug Likes the street closure. Supports the closure for community building.

CORE No impact from B Street closure.

Pancho Villa Taqueria Does not support the B Street closure because it is a reminder of Covid. No impact on revenue.

Scandinavian Designs Neutral about the Pedestrian Mall closure.

Izakaya Ginji Neutral about the Pedestrian Mall closure. No impact to business. Currently has sufficient indoor and sidewalk dining and not interested in a parklet.

T Mobile No impact to business.

B Street & Vine Does not support the pedestrian mall and want the street reopened. Think it is unfair that their block is not part of the closure. The business has existing patio dining and sufficient indoor dining. Cannot have parklet on B Street because of the location of the planters and sewer.

Deja Vue Juice Bar Owner want more events because events are great and bring people Downtown. Request the city open the street during the day and closed the street during the weekends and evenings to allow for traffic.

North B Pizza No impact from B Street closure. They want more parking for delivery orders.

B Street between 4th and 5th
Tomatina Neutral about the street closure. Business is slow.

Pokeatery Neutral about the street closure. Want to see their location attract more foot traffic.

Bay Homes and Linens Neutral about the street closure.

Susan's Salon & Spa Neutral about the street closure. Business is down 60% since pandemic.

224 of 269

From: Patrice Olds
To: Martin McTaggart; Jennifer Chen
Subject: FW: Pedestrian Mall – Project Update
Date: Monday, April 1, 2024 1:07:17 PM

Patrice M. Olds, MMC
City Clerk
City of San Mateo
330 W. 20th Avenue
San Mateo, CA
94403-1388
[email protected]
www.cityofsanmateo.org
(650) 522-7042

From: Liz Hall
Sent: Monday, April 1, 2024 12:50 PM
To: City Council (San Mateo) <[email protected]> Subject: Pedestrian Mall – Project Update

Dear City Council,

I am strongly in favor of the pilot program to expand the pedestrian mall between 1st and 2nd Avenue. This area was partially closed during Covid and expanded the downtown liveliness and pedestrian safety all the way to the Caltrain lot, which is an easy and convenient place to park when accessing downtown.

I am also strongly in favor of the installation of automatic hydraulic and fixed bollards between 2nd and 3rd Avenues. The downtown businesses need to see the City commit to real infrastructure investments on the street so they can be confident about their parklet and outdoor investments as well.

It has been a joy to see the community come alive on the closed streets. They bring their children to play, walk their dogs, hang out with friends and family, and patronize the businesses. Between 2nd and 3rd, there is almost always a line for Kajiken, SomiSomi is packed even on cold days, and people are relaxing with a cup of coffee or enjoying the new hotpot restaurant. I am so glad the City chose to keep this street closed to cars, and I think we should keep the closed street momentum going with the 1st Ave pilot program and bollards.

Thank you,
Elizabeth Hall

225 of 269

San Mateo resident since 2006

226 of 269

From: Patrice Olds
To: Martin McTaggart; Jennifer Chen
Subject: FW: Pedestrian mall
Date: Monday, April 1, 2024 7:22:41 AM

Patrice M. Olds, MMC
City Clerk
City of San Mateo
330 W. 20th Avenue
San Mateo, CA
94403-1388
[email protected]
www.cityofsanmateo.org
(650) 522-7042

From: Daniel Schonberg
Sent: Sunday, March 31, 2024 6:25 PM
To: City Council (San Mateo) <[email protected]> Subject: Pedestrian mall

Dear city representatives,

I am a 11 year resident of San Mateo and avid pedestrian. When I look at laurel street in San Carlos, I can’t help but feel sad in how limited our investment in blocked off streets have been. And for what little we’ve done, I hear we are scaling that back. That would make me sad. We need to vastly improve life for pedestrians in San Mateo. We give up so much of the city to cars already. We need to give more to humans. Not less. Keep B between 1st and 2nd devoted to people.

Sincerely,
Daniel Schonberg

227 of 269

From: Francie Souza
To: City Council (San Mateo)
Subject: Support Downtown Pedestrian Mall
Date: Monday, April 1, 2024 1:29:15 PM
Dear Mayor Diaz-Nash and City Council Members,

We are all residents of Central San Mateo and are writing as the Board of the Central Neighborhood Association. We are urging you to keep the Pedestrian Mall between 1st and 2nd Streets closed to cars and to complete the improvements recommended by city staff immediately.

The city’s project for improvements to this pedestrian mall has taken a very long time, which doesn’t allow a fair evaluation of how it is progressing. There have been some great successes with programming in this area, such as Boos on B Street, and various musical performances, along with the street mural and the city should build on these successes, not pull the plug prematurely.

The plans for businesses to invest in parklets, including two between 1st & 2nd, show there is support for this Pedestrian Mall improvement to continue, and conflicts with the developer’s survey outcome.

An alternative would be to ask the developers in the area to contribute directly to making the Pedestrian Mall a success. For example, there has been much discussion about the need for public restrooms and perhaps this is an opportunity to also plan for this need.

Time has shown that Pedestrian zones are assets and help make cities more livable by providing safe community spaces for entertainment, food and art.

This is an opportunity to
enhance San Mateo’s community spaces and it is far too soon to give up and stop this promising program.

What is needed is to promptly complete the plans that have been presented by the City Staff, assist the businesses in the area, and ask the developers to partner in this success.

Our San Mateo City Council has expressed united support for an attractive Downtown Pedestrian Zone in the past.

We encourage you to remain true to this vision for San Mateo.

Thank you,

CNA Board:

Michael Weinhauer
Laurie Watanuki
Maurine Killough
David Light

228 of 269

Frances Souza

229 of 269

From: Seema Patel
Sent: Monday, April 1, 2024 2:54 PM
To: City Council (San Mateo) <[email protected]> Cc: Clerk <[email protected]>
Subject: B St Pedestrian Mall

Hello City Councilmembers,

I serve as a Planning Commissioner for the City of San Mateo but I am submitting this comment on my own behalf as a resident of San Mateo.

I write to you (again) in support of keeping (or expanding) the B St Pedestrian Mall which has become a huge asset to our community, providing a sense of place and vibrancy to our downtown district.

1. This is the fourth time in four years that the City Council has been asked to provide input on the existence of the pedestrian mall and/or its boundaries (May 2021, October 2021, May 2023).
• I think it is premature to reduce the pedestrian mall immediately before the installation of permanent infrastructure that will help increase vibrancy (seating, planters, etc.) and after the City has already invested in re- striping the street, commissioning a large-scale mural and adding lighting. • Rather than re-visiting this decision every year, I think it would be a more efficient use of Council's time to set an evaluation period (5 years? 3 years?), give the permanent improvements time to take effect, and then revisit (if needed) at the end of the evaluation period.
• I think it's important to install permanent infrastructure, including the bollards, during this evaluation period. Not only are the bollards much safer for pedestrians, but temporary planters on the north block may lead businesses to believe that the pedestrian mall is "temporary" or at significant risk of reversal, and decline to make their own investments in outdoor activation.

2. It's clear that for the businesses that choose to activate the pedestrian mall, the pedestrian mall is critical to the vitality of their business. • At the May 15, 2023 regular City Council meeting, the owner of Wursthall, Tyson Mao, gave a public comment explaining that during the partial closure of B St between Baldwin and 1st Avenue, Wursthall was able to leverage outdoor seating to achieve pre-pandemic revenue numbers, hitting an annual revenue of $3.2M. After the street was reopened to cars, Wursthall saw a 33% drop in revenue, losing over $1M. Tyson explained that his business was currently losing money, the parallel parking spaces in front of his business are too small to achieve a positive ROI on a parklet, and he will be forced to close Wursthall in September of 2025 if they cannot turn business around.
• By keeping B St between Baldwin & 1st open to cars, the City has decided that the 6 parallel parking spaces on the west side of B St are a better amenity for our

230 of 269

community than a thriving, vibrant outdoor biergarten. Is that a decision that we think a majority of residents would agree with?

3. High vacancy of new-construction retail spaces is a regional problem driven by market conditions, fit out costs, and facility size. It is unlikely to be solved by re-opening the pedestrian mall to cars.
• Recall that Hillsdale Mall was unable to lease ground floor retail in Building L of their new North Block for over two years before asking the city to allow office uses at the site. There is no shortage of auto access or parking at Hillsdale Mall. We should only reopen the pedestrian mall to cars if there is concrete evidence it will improve vacancy (e.g. signed contracts from lessees stating they will take occupancy if/when the street is reopened to cars) AND we believe those businesses will provide community benefits that exceed those of the pedestrian mall. • It's also worth noting that Prometheus has a history of advocating for auto-centric development. They successfully lobbied to get protected bicycle lanes on B St removed from the bicycle master plan. Yet "walkability" is the most prominently featured amenity on Brickline's website, including a photo of the portion of the pedestrian mall that they wish to re-open to cars!
•

4. It seems like there is still an opportunity to education residents, patrons and businesses about the availability of parking downtown
• In their feedback Ox9 Noodles said they "Want the street reopened. Parking is not easy to find." Ox9 is located a 395ft walk (0.07mi) from the Transit Center Garage which has 226 parking spots and a 400ft walk to the Main Street Garage which has 380 parking spots. The 29 spots on B St between 1st and 2nd Ave are not significant

231 of 269

compared to the 606 spots in these two garages, and the 36 spots on B St between 2nd and 3rd Ave are a farther walk from Ox9 than the two aforementioned garages.

5. The city can and should do more to facilitate a transition to businesses that want to activate the Pedestrian Mall.
• In their feedback Urban Ritual said, they "Removed their outdoor dining area because it was being used by Somi Somi customers and Somi Somi didn't participate in keeping the area clean." It is disappointing that some businesses are not only declining to activate the pedestrian mall, but through their inaction are causing their neighbors to deactivate the pedestrian mall. A thriving business should not come at the expense of a community benefit. • Pre-approved parklet designs, the elimination of parklet fees, providing outdoor furniture could all help attract businesses that want to activate and/or monetize the pedestrian mall.
• Perhaps the city needs to go further and require outdoor activation as a condition of use for businesses along the pedestrian mall.

Thank you for your consideration!

Regards,
Seema Patel

232 of 269

CITY OF SAN MATEO
1 0
0 3
3 CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 24-8488-01 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 1, 2024
SUBJECT:

Diversity, Equity, and Inclusion Task Force Accomplishments – Update RECOMMENDATION:

Recognize the accomplishments of the Diversity, Equity, and Inclusion (DEI) Task Force and direct staff on next steps to reach the City’s external DEI objectives.

BACKGROUND:

The City of San Mateo prides itself on being a vibrant and diverse community that is committed to equity and inclusivity.

To formalize this commitment, in its fiscal year 2021-22 Strategic Plan, the Council directed staff to form a Diversity, Equity, and Inclusion Task Force (“DEITF”) and staff obtained direction from the Council on the proposed composition and initial focus of the DEITF. During a study session on July 19, 2021, the Council directed staff to bring together representatives from a variety of local community organizations, including non-profits, neighborhood associations, faith- based coalitions, and partner government entities. Rather than appoint members, the Council opted to have staff identify the participating organizations who would then each designate their own representatives. The purpose of the DEITF, once convened, would be to focus on building partnerships, sharing resources, and identifying ways to increase community participation and engagement in hard-to-reach sectors of the community. After completing extensive outreach to local community organizations, staff convened the DEITF in January 2022, with the participating organizations listed below:
•San Mateo Pride Center
•Samaritan House
•PAL Board
•Self Help for the Elderly
•Home Association of North Central San Mateo
•Peninsula Family Services
•Chamber of Commerce
•San Mateo Foster City School Board
•Bay Area Community Health Advisory Council
•San Mateo Union High School District
•Center for Independence of Individuals with Disabilities The DEITF expressed an interest in City Council providing clearer direction on their intended objectives and was directed to participate in developing an Internal DEI Strategic Plan. The Council later delegated specific work intended to meet the engagement objective, such as reviewing and making recommendations about Boards and Commissions and advising Council on its equity art project, to the DEITF. The DEITF met monthly from January 2022 to May 2023 and then transitioned to meeting bi-monthly until its last meeting on January 19, 2024. The DEITF’s completed accomplishments

233 of 269

CITY OF SAN MATEO
1 0
0 3
3 include:
•Suggested and provided guidance on the development of a DEI Strategic Plan & Implementation Framework •Recommended key considerations to diversify the Boards & Commissions, which included an increase in compensation for City Council, a stipend for those on Boards & Commissions, and removing the citizenship/voter registration requirements to participate on a Board or Commission. •Provided key input on the designs and community outreach conducted for the Racial Equity Art Project. •Reviewed and provided input for consideration on policy documents such as the draft Housing Element and General Plan.

These accomplishments demonstrate how the DEITF was able to successfully complete the objectives directed by Council and set forth in the DEITF charter. With this, the City Council’s 2021/22 priority has been completed and removed from their list. However, staff believes, based on input from the DEITF, community, and Council, there is still a need to continue to impart a DEI lens in the City’s work. Therefore, staff is seeking Council direction on how to achieve this.

To identify best practices, staff collected information from different jurisdictions about their equity boards, commissions, subcommittees, etc. (Attachment 1). What we found is that this topic is new for local government and there is not yet a best practice, or any real pattern. Rather, cities have taken a highly varied approach to meeting their DEI goals, which are also varied. Below is an overview of some insights we heard about DEI-focused entities and examining their structures, membership, challenges, successes, and overall impacts that could add value to this discussion.

Overview of DEI Entities in Other Cities:

Structures:

Cities adopted a range of structures from subcommittees focused on equity and social justice to full-fledged human rights commissions. The scope, membership, and objectives of these entities vary widely, influenced by local needs, demographics, and political landscapes.

Membership:

Membership typically includes City Council members, community members, and at times, city staff or external consultants with DEI expertise. Members are often appointed by Mayors or City Councils, with terms varying from one year to permanent appointments. Successful models emphasize diversity in committee composition, including race, profession, and lived experience.

Challenges:

Common challenges include defining clear goals and objectives, scheduling and member availability, budget constraints, political resistance, and the need for DEI training for members. Additionally, defining the scope of work, balancing event planning, policy advisement, and community engagement all pose significant challenges.

Successes and Impact:

Despite challenges, many committees have positively impacted their cities by guiding DEI efforts, influencing policy, enhancing community engagement, and promoting cultural events. Key successes include the restructuring of culturally insensitive events, establishment of DEI-focused training and policies, and improved community-police relations.

Based on the information provided above, staff recommends the City Council consider the following three options:

Option 1:

Appoint a subcommittee of the City Council to review and advise on DEI matters and make recommendations to the City Council.

Option 2:

Assign social impact and DEI initiatives to the Community Relations Commission (CRC). If current DEITF members are invited to apply to become commissioners, then residency requirements (within the City) and citizenship requirements (unless the City Charter is amended) will limit who can and will apply. This option provides a more structured and

234 of 269

CITY OF SAN MATEO
1 0
0 3
3 transparent way of addressing equity concerns than an ad hoc committee. Cultural competency training could be provided for commissioners and staff. This option will require additional staff resources to staff and prepare for the meetings, which would be anticipated to be held more regularly, and to arrange and participate in trainings. Trainings may also incur some added expense. If Council chooses this option, staff would return and seek direction on CRC membership and changes in their scope of work for the next two years.

Option 3:

Take no additional action and allow DEI work to be embedded in the regular work of staff and standing boards and commissions.

Staff Recommendation:

Staff suggests the Council discuss the three options and provide direction on how to move forward, noting Option 2, with direction from Council at the onset and at two-year intervals, is staff’s recommended option.

BUDGET IMPACT:

No budget impact for this discussion. If Council wishes to move forward with one of the options mentioned above, staff will bring forward a more defined action plan with budget impacts, if applicable.

ENVIRONMENTAL DETERMINATION:

This discussion is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – DEI Research Matrix

STAFF CONTACT
Denise Garcia, Management Analyst II
[email protected]
(650) 522-7277

235 of 269

DEI Research - Cities and their Advisory Panels
City Type of Panel # of Members Details about the Board Challenges Successes Notes Redwood City
Subcommitttee - Equity
and Social Justice
Subcommittee
established 3/8/21
3 Council members
Assigned by Mayor. Serve one-
year terms. No consecutive
terms, but can serve after one-
year break

1. Scheduling meetings for busy Council
members. Now meet 4 times a year rather
than 6. 2. Ensuring new members are trained
on this issue - Briana trains
The Commisioners have proven
very helpful to guide department
staff on issues, escpecially before
going to full Council
Work with two community groups Redwood City Together: https://www.rwctogether.org/ and Community Coordinating Activities Team:
https://www.redwoodcity.org/departments/police-department/police-divisions/patrol- division/community-policing-ccat - They also have an internal committee made of staff from each department. The Police Advisory Committee - also looks at equity in police activities. Recommend asking for input from the San Mateo-Santa Clara Equity Leaders Group
Irvine DEI Ad-Hoc Committee
established 1/26/21
7 committee
members
All must either work or reside in
the city

1. The committee was set up without clear
goals. They are bored and are now getting
into City processes and operations, which is
not good. They should have written the goals
of the committee more tightly and perhaps
had a 2-year pilot program. 2. The
commission wants more than the budget
allows (events). 3. They also want DEI
training, which staff doesn't have. Need an
expert consultant or on staff
Have influenced the holding of
more diverse events
Staff liasion is assigned. Need more expertise either on staff or a consultant. HR should be involved with setting up the committee to ensure that staff are considered as it is demanding on staff. More events. More work. Keep scope and goals of committee tight - must be reasonable with resources the City has. Consider a temporary solution before committing to a permanent one. The committee members have begun to get into the City's processes, like purchasing, and don't understand public agency rules Pacific Grove
First Task Force
established 4/9/21 for
18 months but Council
decided to continue the
work
5 members - just 4
right now - Council
has not approved
the Mayor's recent
nominee
Mayor nominates and Council
approves. One opening has not
been filled. Thinks
(confidentially ) it may be
political-some in community are
concerned about the need and
the cost. The delay can also be
attritubted to staff changes.

Recruiting a new CM now
Task Force Focus. Work Plan is narrow,
Ordinance is more general. Active group in
town doesn't think a DEI task force is needed
and is critical of everything it does. Say that
having a DEI is more devisive. Consultant
hiring is being held up and they need the
support. They are complaining it is too costly -
looking at an a la carte option now
Started during COVID. Catalyst -
Feast of Laterns - an annual event
that needed restructuring due to
cultural appropriation (Chinese).

They were able to make the needed
changes. The task force provides
education and has the support of
most community members
One Council member really wanted to explore DEI. The first Task Force developed a Work Plan that prompted Council to make it permanent. Need help now with consulting and creating a website
Brisbane
Inclusion, Diversity,
Equity & Accountability
(IDEA) Committee
established 9/23/21
5-7 committee
members
Appointed by City Council and
serve for staggered terms of 1
or 2 years and can be appointed
again without interview.

Unlimited terms. Members
must work or live in the city

1. How to balance event planning and
execution among staff. Want to focus on
community-led events to help staff. 2. Lack
of policies. 3. Want IDEA involved in various
outside groups and tasks. 4. Not much data
yet. 5. Budgeting an issue

1. Increased multi-cultural events,

2. developed administrative
procedures, 3. created a diversity
calendar, 4. estalished flag
procedures, 5. support community-
led cultural events
Arose from Black Lives Matter movement. Still very new & a budget is needed. Need enthusiastic members to do the work, but is rewarding. Creating a work plan for Council approval in the next few months. Been surveying the community to see what it wants.

Temecula
Race, Diversity, Equity
and Inclusion (RDEI)
Commission established
8/25/20
7 commissioners
Commisioners for all
commissions are recruited
annually. Serve for 3 years,
Council appoints.

1. Input from the community should have
been obtained before the commission was
formed, and not just from the Council. 2. The
goal of DEI should be Othering and
Belonging, not race, justice, equity and
inclusion. These concepts are more
acceptable to the community.Lanugage
matters. 3. Race is a controversial terms and
shouldn't be in the title 4. The
commissioners must understand their role -
advise Council and connect with community -
don't have an agenda. 5. If there is a staff
person supporting either a commission or
the policy itself, they need help.

1. Culture Fest event. 2. DEI lens on
housing, art, parks, and
homeownership for younger
community members.

This City's commission has been questioned by the community. It was established during volitile times - a better approach is slow, thoughtful and suited for your community, not some other community. Whoever is on staff needs to either have a Director be the face of the City's effort. Person should have direct access to the CM for effectiveness. Position is political and an expert (she is a Certified Diversity Executive) so she can do both. If staff has few folks of color or are marginalized, don't put the burden on them to represent the community. Persson needs to be seen as authentic to be able to build trust. Demographics of the community should dictate who should be in this position. You don't need a commission for community credibility, but you do need visibility. The commissioners also absorb the burden of attending all of the various meetings, events, etc. in the community.

Create space to let fear go and show vulnerability as you work with staff and the community. Small victories. This position is hard, many DEI's get burned out. She got death threats so had to move out of the community. Budget. A lot of costs can be absorbed into operating budgets. If you have an event, think of requiring vendors to show how they are tied to DEI. Community of Equity Officers and League of Cities are good resources.

236 of 269

South San Francisco
The South San Francisco
Commission on Racial
and Social Equity - one
year initiative
Commission below a goal of this initiative's Action Plan. Goal1 hire a staff person and Goal 2 the Commission
South San Francisco
Equity and Public Safety
Commission - developed
from a recommendation
of the above
commission
7 commissioners and
an alternate
5 commissioners are appointed
by each Council member (5)
from their districts and 3 are at
large. Currently, there is one
vacancy that will be advertised.

Term is 2 years
Staff tries to keep meetings focused so they
are efficient
A good link between the community
and the City. Listen to community
and educate them
Ongoing advisory board to add perspective to staff and educate the community. The commission is 1.5 years old and growing. Meet monthly. Receive presentations on a theme.

This year's goal is community education to families with young kids and seniors. There is a lot of enthusiasm. Meet every third monday at 6 pm. Commissioners also go to public events to share information. Prepares report and recommendations on various topics for Council action.

Santa Clara
Task Force on Diversity,
Equity & Inclusion
established 9/29/2020,
on hiatus since 2022
Up to 7 members Not active Related to Police
Los Gatos
Diversity, Equity, and
Inclusion Commission
established 10/3/2023
11 commissioners Getting a work plan established.

Challenges to recruit members with specific
designations like a business owner who is
also a resident
Just starting Has a small project budget, like other commissions. Town Manager is the liasion. Had a consultant help plan for the commission
Palo Alto
Human Relations
Commission established
1969
5 (was 7 but
recruitting was hard -
but having fewer
places a lot of work
on a few, so impacts
effectiveness)
Members are not Council
Members, officers, or
employees of the city. Must be
residents. Terms are for three
years and commence on May 1.

See PAMC
Sections 2.16 and 2.22
Needs more diversity on the commission
itself. Needs to do better recruiting. Should
be bigger to share the work - especially to go
out to the community. Budget is tight,
$1,200/yr., so usually find from other City
sources. They do look at internal policies and
there is some education that occurs so they
understand the laws we have to follow. Vet
candidates well to ensure they are a one
issue person or anti-government. They need
to understand the goals and scope of their
powers. Having a manual helps
Pre-COVID they did a lot of
education with the community - lots
of workshops. No large scale events
until two listening sessions. When
they are studying a topic they are
good about getting information on
the topic so they can make better
policy recommendations to the
Council (Israel/Gaza). Bring people
together to dialogue
How well it works is determined by the members. Has a wide mandate and charter - more than other commissions. They can opine on anything. Make recommendations to Council all the time on policies and other matters. Hold events based on themes. Even worked on international issues that Council didn't want to deal with. So keep them focused locally.

Several issues that the Council had that sent to the commission to look at. Looked at how to honor a diverse community. They explore new topics. Interest in serving goes up and down Mt. View
Ad-Hoc Council
Subcommittee on Race,
Equity, and Inclusion
established 6/9/2020 for
3 members
Assigned by Mayor, who was
chair, and two other Council
members
Recommended the establishment of a Public Safety Advisory Board, which was established in 2020 to act as community liasion to the PD
Mill Valley DEI Task Force
(disbanded)
20 community
members
Developed by the community
and facilitated by a hired DEI
Coordinator
Only met for 4 months and have not continue
Created a final report and
presented to City Council with 40+
recommendations
Has a well organized website where you can find past documents concerning DEI easily.

Group was formed and appointed in 2020. Hired an independent DEI Coordinator to faciliate discussions. They worked for 4 months. They were asked to conduct a DEI audit. Members of the community. Broke up in smaller groups and focused on different areas. Convened in sept 2020 and final report was provided to council by dec 2020. 2 key recommendations:

Appoint a DEI Board/Commission and the other was to hire a DEI Consultant or a Chief Equity Officier. 64 recommendations in their report. 20% of the recommendations were things they felt like the City couldn't do it. The other items they felt wre part of their scope of their work.

Sacramento Racial Equity Committee
9 members (Mayor
and all 8 City Council
members)
Meets quarterly. Reporting body
thus far. Create accountability
and center community.

Do not make decisions. The committee's
purpose it to hear how the City is doing in
terms of DEI.

Leadership buy-in with City Council
and City Management
They hired a faciliator from the organization, Race Forward, to facilitate their coalition building meetings, which is separate from the Racial Equity (RE) committee. They have a RE coalition that is for a volunteer based group as well, but they also have one that is paid (via stipend). The paid group is made up of community groups that have worked on this type of work but never as a group and have changed to learn how to work with each other and with the city.

237 of 269

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: PUBLIC HEARING Account Number: 10-1711 File ID: 24-8537 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: April 01, 2024
SUBJECT:

Charter Amendments – Public Hearing
RECOMMENDATION:

Hold a public hearing regarding proposed City Charter amendments addressing how the Mayor is chosen, how vacancies on the City Council are filled, district elections, and other revisions; and provide direction on how to group proposed amendments between two separate ballot measures.

BACKGROUND:

At its Fiscal Year 2022-23 Goal Setting, the City Council directed staff to review and update the City Charter related to district elections, mayoral rotation, and filling Council vacancies. In addition, staff is proposing other miscellaneous changes to the Charter where warranted, in the interests of removing or modifying outdated language. This is explained later in this report. After holding a study session on July 17, 2023 regarding board and commission qualifications and compensation, the Council held further study sessions on October 16, 2023, January 2, 2024, and March 4, 2024 to go over proposed Charter amendment language. Each of the agreed-upon revisions are described below, and the full text is included as Attachment 1. The explanations that follow each proposed amendment are largely from prior study session staff reports that addressed these topics.

As noted during the March 4, 2024 study session, at a future meeting staff will ask the City Council whether to place Charter amendments on the ballot in November 2024 or November 2026. The potential complication is that another ballot measure is also likely to be placed on the ballot in November 2024, in the form of an amendment to Measure Y.

Once polling information is provided by the City’s consultants, staff anticipates returning to the Council with this question at the May 20, 2024 meeting.

DISCUSSION:

As previously discussed, staff recommends that amendments should be divided into two separate ballot measures. One would include changes that reflect the shift to district elections, remove outdated language, or are otherwise non- controversial. The remaining amendments would be included in a separate measure, which are addressed first in this report. The following discussion organizes proposed amendments into two different groups, corresponding to two separate measures, as proposed by staff.

PROPOSED BALLOT MEASURE NO. 1
A. Filling Council Vacancies

238 of 269

CITY OF SAN MATEO
Existing Charter Language (Sec. 2.08) Proposed Charter Language

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the mayor. The appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 60 days after the same occurs, then the city clerk shall call a special election at once to fill such vacancy such vacancy shall be filled by the mayor. The An appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for
general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

By replacing the phrase, “the mayor” with text calling for a special election, the draft wording would remove the authority of the Mayor to fill vacancies and instead send the decision to the voters, if the Council is unable to decide within the allotted time. Notably, in 1983 Measure C was submitted to the voters that would have accomplished the same purpose with somewhat different wording, but that measure failed by a 46.4% to 53.6% vote.

The time for the Council to decide on filling a vacancy would also be increased from 30 to 60 days. This is important because if a vacancy occurs due to a Councilmember being elected to another office, that will likely occur in November.

The existing 30-day period would then expire in December during the holiday season. Extending the period to 60 days would allow for increased outreach to the community and a more deliberate application, interview, and selection process.

The Council would also have more time to weigh the benefits and drawbacks (such as expense) of a special election, versus deciding to fill the vacancy after extensive community input.

Finally, the draft language eliminates text allowing candidates receiving the most votes to serve the longer of unexpired terms (and addressing tie votes) where a majority of the Council seats become vacant. Following the shift to district elections, candidates would no longer run for one of several at-large seats and would instead run for a single seat in their district. Thus, the current language is no longer necessary.

B. Mayoral Rotation / Start Time for Council Meetings

Existing Charter Language (Sec. 2.09) Proposed Charter Language

The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which
adjourned meeting shall be a regular meeting for all
purposes. The council may, in its discretion, change the

(a) The council shall meet at the first regular council meeting in December following a general municipal
election and canvass the returns thereof. The new
members shall then be inducted into office, whereupon
the council shall elect the mayor and deputy mayor
without continuing such action to a future date and time absent a unanimous vote of the Council, or a fire, flood, or other disaster.

239 of 269

CITY OF SAN MATEO
date of any regularly scheduled Monday council meeting
which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly
scheduled Monday council meeting.

(b) The selection of the mayor and deputy mayor shall
follow a rotational sequence as further specified by
ordinance. The first person in the sequence shall be
selected as mayor and the second person in the sequence shall be selected as deputy mayor. Except however, a
council member may decline to serve as mayor or deputy
mayor, in which case the office would pass to the next
council member in the rotation, and the council member
who declined would drop back one position. The
rotational list shall be kept by the city clerk.
(c) The regular meetings of the council shall be held on the first and third Monday of each month at a time
specified by resolution not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time
certain, which adjourned meeting shall be a regular
meeting for all purposes. The council may, in its discretion, change the date of any regularly scheduled Monday
council meeting which would fall on a holiday or other
inconvenient day to the nearest convenient day
subsequent to the regularly scheduled Monday council
meeting.

The proposed language would remove 6:30 p.m. as the start time for Council meetings and simply allow the time to be determined by resolution. Note this represents a change from prior draft language that referenced an ordinance, because a resolution will provide the Council with more flexibility.

Regarding the mayoral rotation, the proposed language would address both the procedure and substance of selecting a mayor and deputy mayor. First, as previously proposed, it would require the Council to select a Mayor at the first regular meeting in December and would prohibit continuing the action to a future date, as specified. But additional changes are proposed to codify the key aspects of the Council Guidelines, namely to frame the process of selecting a Mayor and Deputy Mayor as a ministerial act by strictly following a rotational sequence. In order to avoid a lengthy Charter section, the proposed language states that the details are to be specified in an ordinance. The ordinance would generally include the following provisions from the Council Guidelines:

1. After serving as mayor, that council member moves to the end of the rotation sequence, and the other four council members move forward.

2. When a council member is newly elected or appointed (as the result of a cancelled election), that new council member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.

3. If two or more council members are newly elected or appointed at the same time, the newly elected or appointed council members shall draw lots to determine their position relative to one another in the rotational sequence.

4. If a council member is appointed to fill a mid-term vacancy, that council member will go to the bottom of the rotational list.

5. Incumbent council members, when re-elected, do not begin anew at the bottom of the list, but rather retain their placement in the rotation.

6. If for any reason, such as death, resignation, recall, or not seeking re-election, a council member is removed from the rotation, the remaining council members move forward in the sequence.

Chapter 5 of the Council Guidelines contains the current policy and can be found here.

240 of 269

CITY OF SAN MATEO
C. Board and Commission Member Eligibility
Existing Charter Language (Sec. 6.05) Proposed Charter Language The members of all boards and commissions created by
ordinance or by this Charter shall be appointed by the
council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the council.

The members of all boards and commissions created by
ordinance or by this Charter shall be appointed by the
council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the council be a resident of the city at least 18 years of age.

This language would allow non-citizens to serve on boards and commissions, such as lawful permanent residents. It would also require board and commission members to be City residents at least 18 years of age, consistent with Senate Bill 225 (2019). At the March 4, 2024 study session, the City Council elected to not pursue Charter amendments that would have allowed non-residents to serve and would have allowed compensation for members of boards and commissions. The portion of Section 6.05 proposed to be amended is shown in the chart above, and the full text is set forth in Attachment 1.

PROPOSED BALLOT MEASURE NO. 2
The draft Charter amendments in this measure would consist of changes reflecting the switch to district elections and other non-controversial revisions, as shown below.

A. District Elections
Existing Charter Language (Sec. 2.01(a)) Proposed Charter Language There shall be a city council of five members elected by the voters of the city at large.

There shall be a city council of five members elected by the voters of the city at large by districts. Any recall election or special election or appointment to fill a
vacancy shall also be by district. Following each
decennial federal census, and at other such times as
provided by law, the city council shall, by ordinance,
adopt boundaries for all council districts so that all of the districts shall comply with state and federal law.

The members of the Council are now elected by district rather than at large, following a 2021 demand letter claiming a violation of the California Voting Rights Act and a change in City electoral practices. The district election process is also codified in the San Mateo Municipal Code. The additional proposed language clarifies that a redistricting process will occur every ten years, consistent with state and federal law, and that an appointee to fill a vacancy must live in the same district as the Councilmember who vacated the seat at issue.

B. Councilmembers Elected in 2017
Existing Charter Language (Sec. 2.01(d).) Proposed Charter Language Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.

Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.

241 of 269

CITY OF SAN MATEO

1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.

2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.

3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.

1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.

2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.

3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.

This Charter provision was added by the voters in 2017 in order to comply with Senate Bill 415 (SB 415) (2015). SB 415 required cities to realign their elections to even numbered years if prior odd-year elections had resulted in a significant decrease in voter turnout. The City’s 2017 ballot measure did so, also extending the terms of Council members elected in 2015 and 2017 by one year to facilitate this goal. It passed by a vote 81.4% to 18.6%. However, the terms of office for Council members elected in 2015 and 2017 have now ended (as of 2022 for the latter), and this language is no longer needed. Charter Section 2.01(c) provides for the staggered election of Councilmembers in 2020 (two seats) and 2022 (three seats), and even-numbered years thereafter, for a term of four years.

C. Publication and Expiration of Emergency (Urgency) Ordinances Existing Charter Language (Sec. 2.16) Proposed Charter Language Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. Every such
ordinance, except one for emergency
appropriations or calling an election, shall
automatically stand repealed as of the ninety-first
day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance
if the emergency still exists.

Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. In lieu of
publishing the full text of an emergency ordinance,
a summary thereof may be published in the same
manner as other ordinances. Every such ordinance,
except one for emergency appropriations or calling
an election, shall automatically stand repealed as of
the ninety-first day following the date on which it
was adopted, but this shall not prevent
reenactment of the ordinance if the emergency still
exists.

242 of 269

CITY OF SAN MATEO
The draft language would allow for the publication of a summary of an emergency ordinance (more commonly known as an urgency ordinance). Currently, the Charter does not allow publication of a summary, and therefore the entire urgency ordinance must be published in the newspaper. This change would result in modest cost savings, but more importantly would allow for the same flexibility in publishing urgency ordinances that exists for standard ordinances under Charter Section 2.15(d).

Furthermore, this proposal would eliminate language requiring the automatic repeal of urgency ordinances on the 91st day after adoption. This language was not part of the original 1922 Charter and was added in 1970. The circumstances requiring the urgency ordinance would not necessarily have been resolved approximately three months after adoption.

Eliminating this text would not prevent the Council from affirmatively repealing an urgency ordinance as appropriate.

D. Verified Statement of Candidates
Existing Charter Language (Sec. 7.04) Proposed Charter Language (a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;

5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as
principal, deputy or employee;

7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;
(a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;

5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as
principal, deputy or employee;

7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;

243 of 269

CITY OF SAN MATEO

8. The length of time he/she has been a resident
in the city;

9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;

10. The names of not more than 15 residents
who know something of his/her character and
abilities;

11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.

8. The length of time he/she has been a resident
in the city;

9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;

10. The names of not more than 15 residents
who know something of his/her character and
abilities;

11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.

The language proposed for elimination originally appeared in the 1922 Charter and has only undergone minor changes over the years. As the Council is well aware, the manner in which election campaigns are conducted has vastly changed over the last century. Instead of a statement with the prescribed information constituting a significant source of information for the voters, other sources of information are much more commonly used during an election campaign, such as Internet websites with written material and videos, social media, and other sources. Candidates may also submit a statement to be included in a voter information guide that is distributed to voters. This existing provision is thus outdated and is appropriate for removal, subject to voter approval.

E. Miscellaneous Charter Revisions
Staff is also proposing miscellaneous “clean-up” revisions to the Charter, namely adding gender neutral language where needed, lettering paragraphs and adding commas where appropriate, and correcting a typo (in Section 9.07 where “within” was inadvertently separated into two words). The full text of proposed Charter Amendments is set forth in Attachment 1.

CHARTER AMENDMENT PROCESS
Under state law, the City Council may propose a charter amendment and submit it to the voters at the next statewide general election, at least 88 days before the election. Govt. §34458(a). The charter amendment will not be adopted until it is approved by a majority vote.

244 of 269

CITY OF SAN MATEO
Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). Tonight is the first public hearing.

The second public hearing must be held at least 30 days after the first public hearing, and at least one of the two hearings must be held outside of normal business hours to facilitate public participation. Govt. §34458(b). The Council cannot vote on whether to approve submitting the proposal to the voters until 21 days after the second public hearing. Govt. §34458(b). The Charter amendment must also be filed with the California Secretary of State and must be published in the official state statutes. Govt. §34461.

Below is the schedule that builds in a buffer between the projected date of submittal to the voters and the statutory deadline of 88 days before the election. This will allow for better coordination with the County Elections office and an additional Council meeting, if necessary.

Council Meeting Schedule – Charter Amendments
Dates Purpose
October 16, 2023 Council Study Session – completed
January 2, 2024 Council Study Session – completed
March 4, 2024 Council Study Session – completed
April 1, 2024 First Public Hearing – tonight
May 6, 2024 Second Public Hearing
June 3, 2024 Council submits measure to voters
August 9, 2024 88 days before election
November 5, 2024 Election Day
As noted at the outset of this report, it is possible that the Charter amendments may be put before the voters in November 2026 rather than November 2024, subject to direction from the City Council. Staff anticipates returning to the Council to receive direction on May 20, 2024 in connection with the results of polling activities by the City’s consultants.

BUDGET IMPACT:

There is no budget impact associated with this study session. Should the Council direct staff to pursue further action on charter amendments, further analysis and scoping will be required. Hiring a ballot measure consultant and polling consultant will likely cost approximately $52,300. Note that consistent with state law, no public funds can be used to advocate for or against a ballot measure. Instead, these funds would be used for polling and education and information to determine how each measure should be formulated. Finally, placing each measure on the ballot at the consolidated November 5, 2024 election will also cost approximately $100,000.

ENVIRONMENTAL DETERMINATION:

This public hearing is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). The public hearing notice was published on March 8, 2024 in the San Mateo Daily Journal.

The second public hearing must be held at least 30 days after the first public hearing, and at least one of the two hearings must be held outside of normal business hours to facilitate public participation. Govt. §34458(b). The second public hearing is scheduled for May 6, 2024. Both hearings will be held outside of normal business hours, during regular meetings of the City Council starting at 7:00 p.m.

245 of 269

CITY OF SAN MATEO

ATTACHMENTS
Att 1 – Proposed Charter Amendments – Tracked Changes
LINKS
City Charter
City Council Guidelines
July 17, 2023 Study Session
October 16, 2023 Study Session
January 2, 2024 Study Session
March 4, 2024 Study Session

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020

246 of 269

San Mateo City Charter

ARTICLE I NAME, BOUNDARIES, AND POWERS OF THE CITY

1.01 Name of The City.

The municipal corporation now existing and known as the City of San Mateo shall remain and continue to be a body politic and corporate as at present, in name, in fact and in law.

1.02 Boundaries.

The boundaries of said city shall be the same as now established, with power and authority to change the same as provided by law.

1.03 Powers.

Said city, by and through its council and other officials, shall have, and may exercise, all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants which are not prohibited by the constitution and which it would be competent for this Charter to set forth particularly or specifically, including all powers now or hereafter granted, and the specification herein of any particular powers shall not be held to be exclusive or any limitation of this general grant of powers.

ARTICLE II LEGISLATIVE DEPARTMENT

2.01 Composition, Eligibility, Election and Terms.
(a) There shall be a city council of five members elected by the voters of the city at largeby districts. Any recall election or special election or appointment to fill a vacancy shall also be by district. Following each decennial federal census, and at other such times as provided by law, the city council shall, by ordinance, adopt boundaries for all council districts so that all of the districts shall comply with state and federal law.
(b) No person shall be eligible to hold office as a member of the city council or for election thereto unless he or she isthey are, and shall have been continuously for at least 30 days immediately preceding the appointment or final filing date for nomination papers for such office, a qualified elector and resident of the city, or of territory annexed to or consolidated with the city.
(c) The members of the city council shall be elected by the voters of the city at a general municipal election to be held in the year 2020 and every even-numbered year as follows:
(1) Two councilmembers shall be elected at the general municipal election held in the year 2020. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter. (2) Three councilmembers shall be elected at the general municipal election held in the year 2022. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter.

247 of 269

(3) In the event two or more candidates receive the same number of votes and it is necessary for any reason to break the tie, the tie shall be broken by drawing lots under the supervision of the city attorney at the earliest meeting of the council after such a tie has been determined.
(d) Provisions applicable to the councilmembers elected at the general municipal election held in 2015 and the councilmembers elected at the general municipal election held in 2017. (1) The incumbent councilmembers elected at the general municipal election held in 2015 shall have their term extended by one year, until the general municipal election held in 2020.
(2) The three councilmembers elected at the general municipal election held in 2017 shall hold office for a term of five years, commencing on the first regular council meeting in December 2017 until the general municipal election held in 2022. (3) These provisions are necessary to effectuate the change in timing of general municipal elections from odd-numbered years to even-numbered years, as approved by the voters of city in the general municipal election held in 2017. (de) Councilmembers shall not be eligible for election to nor serve more than three consecutive terms in office provided that no partial term of office shall be counted as any portion of the consecutive terms. (Res. No. 65 § 2, eff. 11-7-17)

2.02 Mayor.

The Council shall elect from among its members officers of the city who shall have the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of the council. The mayor shall preside at meetings of the council, shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The deputy mayor shall act as mayor during the absence or disability of the mayor.

2.03 Compensation.

The mayor and other members of the city council shall each receive $600.00 per month compensation for their services as council. Compensation may be adjusted in the manner authorized by the general laws of the State for general law cities of the same population as San Mateo.

2.04Benefits and Expenses.

Retirement, health and welfare, and social security benefits shall be in addition to, and not be included in, the amount of compensation authorized by this Charter. The mayor and other members of the city council shall receive their actual and necessary expenses incurred in the performance of their duties of office upon presentation of verified claims therefor on uniform forms to be prescribed by resolution of the city council.

2.05 General Powers and Duties.

248 of 269

All powers of the city shall be vested in the council, except as otherwise provided by law or this Charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.

2.06 Prohibitions.
(a) Holding Other Office: Except where authorized by law, no councilmember shall hold any other city office or city employment during the term for which they were he/she was elected or appointed by the council, and no former councilmember shall hold any compensated appointed city office or employment until one year after the expiration of the term for which they were he/she was elected or appointed to the council.
(b) Appointments and Removals: Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative or legal officers or employees whom the city manager, city attorney, or any of the city manager's subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the city manager or city attorney anything pertaining to appointment and removal of such officers and employees. Where council approval of a proposed appointment is required a refusal to approve shall not be construed as a violation of this provision. (c) Interference with Administration: Except for the purpose of inquiries and investigations specifically authorized by this Charter or by law, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager or city attorney solely through the city manager or city attorney, respectively, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.

2.07 Forfeiture of Office.

Any councilmember shall forfeit theirhis/her office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city continuously for more than 30 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three consecutive regular meetings of the council without being excused by a majority of the remaining councilmembers, and the excuse entered in the minutes, or (4) fails to attend at least two-thirds of all regular meetings of the council during any 12-month period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during theirhis/her term of office any qualification for the office prescribed by this Charter or by law.

2.08 Vacancies in Office.

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 3060 days after the same occurs, then the city clerk shall call a special election at once to fill such vacancy such vacancy shall be filled by the mayor. TheAn appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the

249 of 269

manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

2.09 Meetings. Generally.
(a) The council shall meet at the first regular council meeting in December following a general municipal election and canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor without continuing such action to a future date and time absent a unanimous vote of the Council, or a fire, flood, or other disaster. (b) The selection of the mayor and deputy mayor shall follow a rotational sequence as further specified by ordinance. The first person in the sequence shall be selected as mayor and the second person in the sequence shall be selected as deputy mayor. Except however, a council member may decline to serve as mayor or deputy mayor, in which case the office would pass to the next council member in the rotation, and the council member who declined would drop back one position. The rotational list shall be kept by the city clerk.
(c) The regular meetings of the council shall be held on the first and third Monday of each month at a time specified by resolution not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which adjourned meeting shall be a regular meeting for all purposes. The council may, in its discretion, change the date of any regularly scheduled Monday council meeting which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly scheduled Monday council meeting.

Except as otherwise provided by state law, all meetings shall be open to the public.

2.10 Place of Meetings.

All regular and adjourned regular meetings of the council shall be held in the City Hall, unless, by reason of fire, flood or other disaster, the City Hall cannot be used for that purpose, or the council determines that another location in the city would be more suitable due to the capacity or condition of the City Hall. (Res. No. 66 § 3, eff. 11-7-17)

2.11 Special Meetings.

Special meetings may be called and held in the manner and as provided from time to time by the general law of the state.

2.12 Rules and Journal.

The council shall adopt rules for conducting its proceedings, and shall provide for keeping a journal of its proceedings, which shall be a public record. A reasonable number of copies of such rules shall be made available in the office of the city clerk for inspection by members of the public, and copies shall be furnished by the clerk upon payment of a reasonable charge for same.

2.13 Quorum.

A majority of the council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

250 of 269

2.14 Voting.

The affirmative vote of at least a majority of the council shall be necessary to adopt any resolutions, and the affirmative vote of a majority of the council shall be sufficient for adoption of ordinances except where a larger vote shall be required by law or other provisions of this Charter. Such votes shall be taken by "ayes" and "noes" and entered upon the record.

2.15 Ordinances, Generally.
(a) All proposed ordinances introduced in the council shall be in printed or typewritten form.

The enacting clause of all ordinances passed by the council shall read as follows: "The Council of the City of San Mateo ordains as follows:". The enacting clause of all ordinances initiated by the people shall read as follows: "The People of the City of San Mateo ordain as follows:". (b) No ordinance other than an emergency ordinance shall be passed by the council on the day of its introduction, nor within five days thereafter, nor at any time other than a regular or adjourned regular meeting.
(c) A notice of the general nature of the proposed ordinance or a copy thereof, and of the time and place for its consideration by the council shall be given to those news media to whom notice of special meetings of the council would be required under the general law of the state. A reasonable number of copies of the proposed ordinance shall be made available for public inspection at reasonable times in the clerk's office and at each of the city libraries, and such notice shall be given by the city clerk as soon as practicable following introduction of the ordinance. Failure to comply with this subsection shall not invalidate the ordinance, but a willful violation shall constitute a misdemeanor and malfeasance in office. (d) A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purpose are retained.

All ordinances shall be signed by the mayor and attested by the city clerk. Ordinances shall be published at least once in the official city newspaper before becoming effective; in lieu of publishing the full text of an ordinance, the city clerk may publish a summary of the scope and general purpose of the ordinance in the official city newspaper and post the full text of the ordinance in the office of the city clerk as well as publish the full text of an ordinance on the official city website.

2.16 Emergency Ordinances.

Any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health, safety, or welfare and containing the reasons for its urgency, may be introduced and passed at one and the same meeting and, if passed by a majority of the council plus one, shall become effective immediately. As soon as practicable after its passage an emergency ordinance shall be published in the official city newspaper, but the validity of the ordinance shall not depend upon such publication. In lieu of publishing the full text of an emergency ordinance, a summary thereof may be published in the same manner as other ordinances. Every such ordinance, except one for emergency appropriations or calling an election, shall automatically stand repealed as of the ninety-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance if the emergency still exists.

251 of 269

2.17 Investigations.

The council may make investigations into the affairs of the city and the conduct of any city department, office, or agency, and for this purpose may subpoena witnesses, administer oaths and affirmations, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of a misdemeanor.

2.18 City Attorney. Powers and Duties.

There shall be a city attorney who shall be appointed by and who shall serve at the pleasure of the council. The city attorney shall be an attorney at law licensed as such under the laws of this state, a specialist in municipal law, and must have been engaged in the practice of law for three years or have served in the capacity of municipal attorney or assistant municipal attorney for at least three years prior to appointment. The city attorney shall have the power and be required to:
(a) Serve as chief legal advisor to the council, the manager, and all city departments, offices and agencies.
(b) Prepare proposed ordinances and resolutions and advise the council as to their compliance with law and the provisions of this Charter, and draft contracts and other legal documents required by the council or other officials except as may be otherwise provided. (c) Prior to the general municipal election each two years to review all city ordinances and the Charter, and at the first regular meeting of the council after such election make recommendations to the council for amendments to or repeal of ordinances and enactment of new ordinances in the city attorney's opinion required to improve the ordinance code, and for any Charter amendments the city attorney may deem advisable. (d) Attend all meetings of the council unless excused by the council or the mayor. (e) Perform any other duties prescribed by law, this Charter, or ordinance, or as the council may from time to time require not inconsistent with law or this Charter.

The city council may authorize the city attorney to hire additional attorneys and personnel for the city attorney's legal staff. Except as may otherwise be provided in this Charter or in ordinances relating to personnel approved by vote of the people, the city attorney's staff shall be appointed by and serve at the pleasure of the city attorney.

The city attorney shall receive such compensation for services as the council shall determine. When the city attorney is an in-house employee of the city, the city council may remove the city attorney at any time by the affirmative vote of a majority of the council plus one.

2.19 Control of Legal Proceedings.

Acting through the city attorney, the city council shall have control of all legal business and may employ additional attorneys to take charge of any litigation or matter or to assist the city attorney therein.

ARTICLE III CITY MANAGER

3.01 Appointment. Qualifications. Compensation.

252 of 269

There shall be a city manager who shall be appointed by and who shall serve at the pleasure of the city council. The city manager shall be appointed solely on the basis of the city manager's executive and administrative qualifications. The city manager shall receive such compensation for services as the council shall determine.

3.02 Removal.

The council may remove the city manager from office in accordance with the following procedures:
(a) The council shall adopt by affirmative vote of a majority of the council plus one a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed forty-five days. A copy of the resolution shall be delivered promptly to the city manager.
(b) Within five days after a copy of the resolution is delivered to the city manager, they he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing. (c) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of the council plus one at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if the city managerhe has not requested a public hearing, or at any time after the public hearing if he the city manager has requested one.
(d) The city manager shall continue to receive their his salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the manager shall be final.
(e) During the period of suspension and after the effective date of a final resolution of removal the powers of the city manager shall be exercised by an acting city manager until a new city manager is appointed and qualifies.
303 Acting City Manager.

By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of the city manager during a temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return.

3.04 Powers and Duties of the City Manager.

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in theirhis/her charge by or under this Charter. The city manager shall have the following powers and duties:
(a) To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law.

253 of 269

(b) To attend all council meetings, unless excused by the council or the mayor, and shall have the right to take part in discussion but may not vote.
(c) To see that all laws, provisions of this Charter and acts of the council, subject to enforcement by the city manager him/her or by officers subject to the city manager’s his/her direction and supervision, are faithfully executed. To prepare and submit the annual budget and capital program to the council.
(d) To submit to the council and make available to the public a report on the finances and administrative activities of the city as of the end of each fiscal year. (e) To make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager’shis/her direction and supervision.
(f) To keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he/shethe city manager deems desirable.
(g) To appoint such advisory boards as the city manager he/she may deem desirable to advise and assist the city managerhim in theirhis/her work, provided such boards shall not receive any compensation.
(h) At any time in the city manager’s his/her discretion, and with or without notice, examine or cause to be examined the conduct of any administrative officer or employee of the city. (i) To perform such other duties as are specified in this Charter or may be required by the council.

ARTICLE IV GENERAL ADMINISTRATION

4.01 Officers and Employees. Generally.

In addition to members of the city council, the mayor, city manager, and city attorney, the officers and employees of the City of San Mateo shall consist of those provided for in this Charter, and such other officers and employees as the council may provide by ordinance or resolution or as may be required by law from time to time.

4.02 Administrative Departments. Generally.

The city council may provide by ordinance for the organization, conduct, creation, and operation of the departments of the city, and for their consolidation, alteration, or abolition. When the positions are not incompatible, the city council may combine in one person the powers and duties of two or more officers. There shall be a separate Police Department and Free Public Library, each of which shall remain as a separate department with its own department head, provided, however, that the city council may enter into agreements with other agencies for the joint provision of police or library services.

The city council may assign additional functions or duties to offices, departments or agencies. No office provided by this Charter to be filled by appointment by the city manager may be consolidated with an office to be filled by appointment by the city council.

254 of 269

Subject to the provisions of this Charter, the city council shall provide for the number, titles, qualifications, powers, duties, compensation, benefits, and other conditions of employment of all officers and employees. Salaries shall be fixed by resolution. (Res. No. 75 § 2, eff. 12-5-16)

4.03 New Department.

Each department created by the city council shall be headed by an officer as department head who shall be appointed by and serve at the pleasure of the city manager.

4.04 City Manager As Ex Officio Department Head.

Except as inconsistent with law or this Charter, with the consent of the city council the city manager may serve as the head of one or more of the administrative departments or may appoint one person as the head of two or more of them.

4.05 General Duties of Officers.

All officers who serve at the pleasure of the city manager shall have such duties as may be required of them by the city manager in addition to duties prescribed by law, by ordinance, or by this Charter.

4.06 Administrative Employees. Appointment and Removal.

Except as may otherwise be provided in this Charter or in ordinances relating to personnel approved by vote of the people, all administrative officers and employees shall be appointed by and serve at the pleasure of the city manager. With the consent of the city council, the city manager may authorize any administrative officer to exercise these powers with respect to subordinates in that officer's department.

4.07 Administering Oaths.

Each department head and deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to the department head's department.

4.08 Delivery of Properties to Successors.

All officers, boards, and commissions and members thereof shall surrender and deliver to their successors all official papers, books, documents, records, archives and other properties pertaining to their respective offices or departments in their possession or under their control.

4.09 City Clerk. Powers and Duties.

There shall be a city clerk, who shall be appointed by and serve at the pleasure of the city manager. The city clerk He/she shall be clerk of the council and keep an accurate record of all ordinances, resolutions and motions, shall have custody of the official seal and all official records committed to their his/her care, make affidavits and administer oaths without charge in matters affecting the business of the city, conduct elections, and shall perform the duties of a city clerk as provided by the general law of the state except as inconsistent with this Charter, and such other duties required by this Charter.

4.10 Treasurer/Fiscal Director. Powers and Duties.

255 of 269

There shall be a city treasurer/fiscal director who shall be appointed by the city manager, subject to approval by the city council, and who shall serve at the pleasure of the city manager as the head of the finance department. The treasurer/fiscal director shall have the power and shall be required to receive and safely keep all money and securities belonging to the city, and pay out the same only on written authority of the city manager or other officer or officers designated by the city manager or as otherwise authorized by law, this Charter or ordinances adopted pursuant thereto, and not otherwise. The treasurer/fiscal director He/she shall also serve as ex officio tax and license collector for the city with the duties thereof as provided by ordinance or the general law of the state, unless the council by ordinance provides otherwise. The council may contract for the performance of the functions and duties of the treasurer/fiscal director.

Responsibility for the accounting system, accounts and controls, receipts and expenditures, and deposit and investment may be delegated by the city manager to the fiscal director. The fiscal director shall also have the power and be required to perform such other duties as are consistent with this Charter.

4.11 Librarian. Powers and Duties.

There shall be a librarian who shall be appointed by the city manager with the approval of the library board of trustees. The librarian shall serve at the pleasure of the manager, subject, however, to the power of the library board of trustees by the affirmative vote of a majority plus one to disapprove the suspension or removal of the librarian. The librarian shall be the department head, and subject to other provisions of this Charter, shall have charge of administration of the city libraries.

4.12 Human Resources Director. Powers and Duties.

There shall be a human resources director who shall be appointed by and who shall serve at the pleasure of the city manager. The human resources director shall have the responsibility of attending all meetings of any board or commission established to advise or deal with personnel matters, and shall administer laws, rules and ordinances affecting employees in the classified service not specifically reserved to the city manager or other officer or board or commission, by law, ordinance or this Charter, and shall establish and keep records of all officials and employees in the classified service. The human resources director shall have had at least three years progressively responsible experience in human resources administration and such other qualifications as may be required by ordinance. (Res. No. 66 § 3, eff. 11-7-17)

4.13 Oath of Office.

Every officer, whether appointed or elected, shall take the constitutional oath of office and subscribe thereto before entering upon the performance of the officer’s his/her official duties.

ARTICLE V FISCAL ADMINISTRATION

5.01 Fiscal Year.

Unless changed by ordinance adopted by the affirmative vote of a majority of the council plus one, the fiscal year shall begin on the first day of July and shall end on the last day of June of the following year.

5.02 Budget.

256 of 269

Each department of the city shall provide, in the form and at the time directed by the city manager, all information required by the city manager to develop a budget, including capital accounts, conforming to modern budget practices and procedures as well as specific information which may be prescribed by the council. At least 30 days before the commencement of a fiscal year, the city manager shall prepare and present to the council in such form and manner as it may prescribe budget recommendations for the next succeeding fiscal year. Following a public budget hearing, the council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the ensuing year, failing which the appropriations and budget for the fiscal year shall be deemed effective in the new fiscal year until the new budget and appropriation measures are adopted.

5.03 Budget Limitation.

The total proposed budget requirements shall not exceed total available resources. (Res. No. 66 § 3, eff. 11-7-17)

5.04 Unexpended and Unobligated Funds.

Unexpended and unobligated funds shall be held in reserve for contingencies or other purposes as determined by council. Funds held in reserve may be appropriated by resolution of the council, including, but not limited to, the annual budget resolution. (Res. No. 66 § 3, eff. 11-7-17)

5.05 Limitation on Reserves for Contingencies.

The council shall establish reserves which in its discretion are proper.

5.06 Budget Notices to Public.

On the first Monday and first Thursday in the last month of each fiscal year, the city manager shall cause to be published in the official city newspaper notice of the time for holding a public hearing on the budget. Copies of the proposed budget shall be made available for inspection by the public in the office of the city clerk at least 10 days prior to said hearing, and copies of the proposed budget shall be furnished at a reasonable charge to persons requesting same upon payment therefor.

5.07 Capital Program.
(a) The city manager shall annually prepare and submit to the council a five-year capital program at the same time budget recommendations for the next succeeding fiscal year are submitted to the council by the city manager.
(b) The capital program shall include:
(1) A clear, general summary of its contents.
(2) A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements.
(3) Cost estimates, method of financing, and time schedules for each such improvement. (4) The estimated annual cost of operating and maintaining facilities to be constructed or acquired.

257 of 269

(c) The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

5.08 Capital Improvement Funds.

The council shall create a capital improvement fund with such capital improvement accounts as may be required to finance the improvements specified in the creation of such accounts, and each such account shall remain inviolate except for the purposes for which it was created, whether general or specific unless the use of any such account for some other capital improvement purpose is authorized by the affirmative vote of at least a majority of the council plus one. When the purpose of any capital improvement account has been accomplished, the council may transfer any unexpended or unencumbered surplus remaining in such account to any other general or specific capital improvement account.

5.09 Council Action on Capital Program.

On or before the last day of the first month of a current fiscal year the council, after due notice and public hearing, shall by resolution, adopt the capital program, with or without amendment thereto.

5.10 Other Funds.

The council shall create such other special funds as are required for proper accounting and fiscal management, or required as a condition of receiving funds from any other government or to fulfill any bonded or other contractual obligation of the city.

5.11 Levy of Property Tax. Procedure for Assessment and Collection.

To the extent that the Constitution does not limit the setting of the ad valorem property tax rate, the city council shall: Not later than the date set by state law for this purpose, the council shall by resolution fix the rate of property tax to be levied and levy the tax upon all taxable property in the city. Such rate shall be adequate to meet all obligations of the city for the fiscal year, taking into account estimated revenue from all other sources. Should the council fail to fix the rate and levy taxes within the time prescribed, the rate for the next preceding fiscal year shall thereupon be automatically effective, and a tax at such rate shall be levied upon all taxable property in the city for the current fiscal year. The procedure for the assessment and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the city council.

5.12 Dollar Limit.

Repealed. (Res. No. 66 § 2, eff. 11-7-17)

5.13 Supplemental, Emergency, and Lapsed Appropriations. (a) Supplemental Appropriations: If during the fiscal year there are funds available for appropriation, the council by resolution may make supplemental appropriations. At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department and, upon written request of the city manager, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department to another; provided that no appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount

258 of 269

required by law to be appropriated or by more than the amount of the unencumbered balance thereof.
(b) Lapsed Appropriations: Every appropriation, except an appropriation for a capital expenditure, grant funds, or other funds not within the budgeting authority of the city council, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. (Res. No. 66 § 3, eff. 11-7-17)

5.14 Accounting System.

The city manager shall establish and maintain a system of financial procedures, accounts, and controls for the city government and each of its departments, which shall conform to generally accepted principles of accounting which shall be adequate to account for all money on hand and for all income and expenditures in such detail as will provide complete and informative data concerning the financial affairs of the city and in such manner as the council may prescribe and as will be readily susceptible to audit and review.

5.15 Receipts and Expenditures.

All money received by the city shall be deposited in the city treasury and in institutions and investments authorized for cities by law, and no money shall be disbursed without the approval of the city manager or of another officer duly authorized by the city managerhim/her. No expenditure of city funds shall be made except for the purposes and in the manner specified by an appropriation of the council; nor shall any disbursement be made unless obligations are properly supported by accounting evidence and sufficient funds are available. The city manager or other officer authorized by the city managerhim/her to make disbursements shall be represented by the city attorney in all legal matters in connection therewith. (Res. No. 66 § 3, eff. 11-7-17)

5.16 Deposit and Investment.

The city manager shall arrange for the deposit in the city treasury and in institutions and investments authorized for cities by law of all funds collected by the city, according to a schedule prescribed by him/her. After taking into account the amounts necessary to meet the current and pending requirements of the city, the city manager may arrange for the term deposit in financial institutions authorized by law and investment in securities authorized by law of any balances available for such purpose and the yield therefrom shall be credited as revenue to the general fund unless otherwise provided by law or directed by the council.

5.17 Cash Pool Operations. Check System.

The council may by ordinance provide for financing of municipal obligations by cash pool operations, and for utilization of a check system, or other system equivalent or comparable thereto, including credit and debit cards, rather than the warrant system. Except for those funds restricted by bond indentures, state or federal law, other sections of this Charter or specific conditions of the legislation creating them, temporary transfers between funds are permitted.

The council shall from time to time by ordinance provide for methods for issuance of checks, drafts and/or other orders for payment of money in the name of the city, and for authorized signatures to negotiable instruments drawn in the name of the city, and may authorize facsimile as well as actual

259 of 269

signatures to be valid and binding on the city, and shall prescribe such system as it shall deem advisable to protect against unauthorized issuance of checks, drafts or other orders for payment of money in the name of the city.

5.18 Payment of Salaries.

All demands for salaries which are fixed by law, resolution, or this Charter, shall be allowed and paid regularly without the necessity of any specific approval for each payment.

5.19 Surplus Bond Money.

All money derived from the sale of bonds, including premiums and accrued interest, shall be applied only to the purposes for which the bonds were issued. After such purposes have been fully completed and paid for, any remaining surplus shall be transferred to the fund established for meeting the interest and redemption of such bonds.

5.20 Purchases and Contracts.

The city manager or an officer authorized by the city managerhim/her shall purchase or contract for equipment, materials, supplies, and public works required by the city in the manner prescribed by ordinance.

5.21 Bids and Awards.

The council shall establish by ordinance the conditions and procedures for any purchase or contract, and establish advertising and bidding requirements, and may provide that all bids may be rejected. The ordinance may provide that under specified conditions which the awarding authority must find and determine to exist in each applicable instance, advertising and bidding may be dispensed with, except the ordinance may provide that where the expenditure required for a purchase or contract does not exceed a sum fixed by the ordinance advertising and bidding shall be dispensed with unless the council shall for a particular purchase or contract order advertising and bidding.

5.22 Official Bonds.

The council shall determine which officers and employees shall give bonds for the faithful performance of their official duties, and fix the amount of said bonds and provide for payment of the premium of such bonds by the city. Such officers and employees, before entering upon their official duties, shall execute a bond to the city in the penal sum required, which bond shall include any other offices of which they may be ex officio incumbent. Said bonds shall be approved by the council and filed with the city clerk.

5.23 Revenue Bonds.

The council may issue revenue bonds for any lawful purpose in such manner and upon such terms and conditions as it may fix and establish by the provisions of a procedural ordinance.

5.24 Public Improvements and Street Work.

All public improvements, including improving, widening or opening of streets or highways, may be done under and in pursuance of the general law of the state or procedural ordinances adopted by the council or the electors, and the whole or any portion of the cost thereof paid by the city or assessed on the

260 of 269

property benefitted; provided that, except in a case of actual emergency the nature and existence of which is found and determined by resolution adopted by unanimous vote of the council, no public improvements to be financed by a bonded indebtedness of a city-wide district to be created under ordinances heretofore or hereafter enacted shall be made unless the indebtedness is authorized by vote of the people as required under state law for issuance of general obligation municipal bonds.

5.25 Franchises.

Every franchise, contract, or privilege for a public utility to construct, maintain, or operate any railroad or other means of transportation in or over any street or highway, or to lay pipes or conduits, or erect poles or wires or other structures in or across any street or highway for the transmission of gas, electricity, or other commodity or utility, or for the use of public property or places now or hereafter belonging to the city, shall be granted by the city council pursuant to ordinance or the general laws of the State upon such terms and conditions as the city council deems proper.

No franchise, privilege, or contract shall be construed to impair or affect the right of the city to acquire the property of the grantee either by purchase or through the exercise of the right of eminent domain.

5.26 Auditing.

The council shall employ, by majority vote, a certified public accountant, or a firm of certified public accountants as independent auditor to conduct an annual audit and examination of the fiscal administration of the city. Copies of the annual audit and report shall, within a reasonable time after receipt thereof by the council, be furnished at a reasonable charge to persons requesting same upon payment therefor.

Unless the council shall by ordinance make other provision for the performance of the following functions, the independent auditor shall by contract also be required:
(a) To make such periodic examinations of the systems and procedures of the city for the receipt, disbursement, and accounting for funds of all types as are necessary to satisfy the auditor that such systems and procedures are efficient and give adequate protection for safeguarding city assets, protect against improper disbursements and assure reasonable protection against irregularity or defalcation.
(b) To make such sample tests, observations, inquiries and independent substantiations as are necessary to satisfy the auditor, within reason, that there is proper compliance with prescribed systems and procedures or in the operation thereof.
(c) To report the results thereof periodically to the city manager and the council, and report to the council instances of non-compliance with prescribed or recommended fiscal or accounting procedures where recommendations for compliance have not been implemented after reasonable time and opportunity.

The council may direct the city manager to report on the action taken or to be taken to remedy deficiencies reported by the auditor.

ARTICLE VI BOARDS AND COMMISSIONS

6.01 Library Board of Trustees. Powers and Duties.

261 of 269

There shall be a library board of trustees consisting of five members which shall have the power and duty to:
(a) Exercise the sole responsibility for establishment from time to time of library department policy in selection of books, reading, visual, auditory and like material to be acquired or purchased and the classification thereof, subject, however, to limitations of the budget for such purposes.
(b) Make and enforce such bylaws, rules and regulations as may be necessary or appropriate in the maintenance and operation of public libraries free to the permanent inhabitants and non- resident taxpayers of the city, including fines, penalties, and provision for collection of obligations to the library.
(c) Accept in the name of the city, money, personal property, or real property donated to the city for library purposes, subject to approval of the council, except that unless the council by ordinance provides otherwise, the board shall have the power to accept gifts other than real property in an amount or value of Five Hundred Dollars or less for library purposes or use without specific consent of the council where no obligation attaches to the city other than use for benefit of the libraries, and to hold, convert to cash, invest in insured savings, or expend same for the use and benefit of the libraries.

Funds received by way of gift or bequest for the benefit of the city libraries shall not be subject to appropriation for other purposes, nor other than as provided by the donors except as may be authorized by a court of competent jurisdiction.
(d) Hold in trust and provide for the proper application and use to the library of any gift, devise, or bequest in accordance with the terms and conditions thereof where payment into the city treasury is inconsistent with such terms and conditions, provided the council shall first have approved acceptance of such terms and conditions.
(e) Approve or disapprove the appointment of the librarian, and disapprove of the suspension or removal of the librarian by the affirmative vote of a majority plus one of the board. (f) Sell or otherwise dispose of surplus books and other excess materials peculiar to a public library under such procedures and upon such conditions as the council shall by ordinance prescribe.
(g) Establish conditions under which non-residents may exercise library privileges. (h) Serve in an advisory capacity to the librarian, city manager and council with respect to the establishment, maintenance, operation and management of the city libraries, and have and exercise such other powers, duties and responsibilities with respect to the libraries as may be prescribed by ordinance not inconsistent with law or this Charter.

The council may by ordinance from time to time prescribe appropriate procedures for the purchase of books and other materials peculiar to the libraries.

6.02 Library Fund.

262 of 269

At such times that the council sets the tax rate, the council shall provide for maintaining the libraries and the operation thereof, and apportion the revenue thus provided to a fund designated in the budget as the library fund. Such tax shall be in addition to other taxes permitted in the municipality, but shall not exceed Thirty Cents per One Hundred Dollars assessed valuation. Payments from the library fund shall be made for all claims properly chargeable against the same.

6.03 Library Board of Trustees. Appointment, Removal, Terms.

Members of the library board of trustees shall be appointed in the same manner and for the same terms, and subject to the same limitations, as in this Charter provided for city commissions in general, except that a member of the library board of trustees shall be subject to removal from office by action of the council only after being furnished on demand a written statement of the cause and being afforded an opportunity for a public hearing.

The incumbent members of the library board of trustees at the time this Charter takes effect, and any successor by appointment to fill any vacancy then existing, shall constitute the first library board of trustees under this Charter.

6.04 Planning Commission. Other Boards and Commissions.

In addition to the library board of trustees there shall be a planning commission which shall have the powers and duties from time to time provided by law or by ordinance.

There shall also be such other boards and commissions as may from time to time be established by ordinance adopted by the council or approved by the people. Except as may otherwise be provided by this Charter, or ordinance of the council or ordinance approved by the people, all such other boards and commissions now or hereafter established shall be for advisory purposes only to the council, the city manager, or to departments within the city. A board or commission shall be considered to be advisory even if it is authorized to take final action subject to appeal to the city council.

6.05 Composition. Qualifications. Terms and Limits of Terms.

The members of all boards and commissions created by ordinance or by this Charter shall be appointed by the council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the councilbe a resident of the city at least 18 years of age.

The number of members of such a board or commission shall not exceed the authorized number of members of the city council unless the ordinance establishing such additional number be approved by vote of the people or by unanimous vote of the council.

The members of such boards and commissions shall be appointed for terms of four years, except that if the ordinance provides, initial terms may be pared by lot as necessary so that each year one or more terms will expire.

The terms of office of existing boards or commissions having regular terms of more or less than four years shall be pared or extended as to incumbents in such manner as the city council shall determine so as to establish four-year terms in conformity with this section within two years after this Charter goes into effect.

263 of 269

No member of a board or commission shall be eligible for reappointment to the same board or commission after serving two consecutive four-year terms provided that no partial term of office shall be counted as any portion of the consecutive terms.

6.06 Payment of Expenses. Prohibition of Compensation.

The members of such boards and commissions shall receive no compensation for their services as such, but may receive reimbursement for their actual and necessary expenses authorized by the city council and incurred in performance of their duties of office upon presentation of verified claims therefor on uniform forms to be prescribed by resolution of the city council.

6.07 Appropriations for Boards and Commissions.

The city council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions.

6.08 Removal from Office. Vacancies.

Members of such boards and commissions shall serve at the pleasure of the city council, and any member may be removed by the vote of a majority of the council plus one. If a member of a board or commission absents himself themselves from three consecutive meetings unless by permission of the board or commission expressed in its minutes, or is convicted of a crime involving moral turpitude, or loses the qualifications required for appointment in the first instance, theirhis office shall automatically become vacant and shall be so declared by the city council.

Any vacancies shall be filled by appointment by the city council for the remainder of the unexpired term.

6.09 Special Committees. Limitations.

The city council may from time to time establish citizens or taxpayers' committees for specific advisory purposes only, and for periods not exceeding two years. Such a committee may be renewed or extended by action of the council anew for a period not exceeding the original term of the committee. The city council may include in its annual budget, or in interim appropriations, such funds as in its opinion shall be sufficient to accomplish the purpose of such committees.

6.10 Ex Officio Members.

The city manager and the city attorney, or their representatives, and a representative from the city council, shall be ex officio members of all boards, commissions, and committees. The council may in the ordinance establishing any advisory board, commission, or committee provide for additional ex officio members who shall be appointed by the council for such terms as may be prescribed but who need not possess the qualifications required of regular members. Ex officio members shall have the same rights as official members including the right to attend meetings and participate in discussions, but shall not be entitled to vote.

6.11 Power of Subpoena. Limitations.

No board, commission, or committee shall have the power of subpoena to compel attendance of witnesses, to examine them under oath, to compel production of evidence before it and to administer oaths and affirmations, unless such power shall be granted by ordinance approved by a majority of the

264 of 269

city council plus one. The power of subpoena being so granted, the same may be exercised by issuance of subpoena by the city clerk upon application in writing by the city attorney, by the chairperson of the board, commission, or committee, or by a majority of the board, commission, or committee.

Disobedience of a lawful order issued in exercise of such powers shall be a misdemeanor.

6.12 Declaration of Policy. Citizen Participation.

It is and shall be the policy of the City of San Mateo to foster a climate of human relations favorable to the full acceptance and participation of all citizens in the community in the economic, educational, political and cultural aspects of the community and opportunity to share in the benefits thereof without regard to race, religion, gender, national origin, or other factors which are prohibited from discrimination in appointments to local government boards, commissions, and committees by federal or state law.

To that end, and to secure for the city the benefit of the talents, skills and counsel of public-spirited and dedicated citizens in all areas of local government, it is the policy of the city that advisory boards, commissions and committees be established from time to time as the council deems appropriate in furtherance of community progress and harmony, and the solution of community problems.

ARTICLE VII ELECTIONS

7.01 General Municipal Elections.

General municipal elections shall be held in the city on the first Tuesday after the first Monday in November of each even-numbered year, in the manner provided by state law governing elections in general law cities; provided, that in the event any other election shall be held in the city in the month of November of the same year, the council may consolidate the general municipal election with such other election whenever practicable, and shall in any event call and schedule the general municipal election for the same date as any such other election. (Res. No. 65 § 3, eff. 11-7-17)

7.02 Special Municipal Elections.

Special municipal elections may be called and held in accordance with and in the manner provided by state law governing elections in general law cities.

7.03 Initiative, Referendum and Recall.

The people of the city reserve to themselves the powers of initiative, referendum, and the recall of elected officials, to be exercised in accordance with and in the manner provided by state law governing general law cities.

7.04 Reserved. Verified Statement of Candidates.
(a) No earlier than the first day, and no later than the last day, specified or provided under state law for the filing of nomination papers by any candidate for elective municipal office in general law cities, as such law shall be in effect on the first day of January next preceding the municipal election, each candidate for an elective office shall file with the city clerk a statement containing the following information in the order herein set forth:
(1) His/her name;

265 of 269

(2) The office for which he/she is a candidate;
(3) His/her present residence and occupation;
(4) The various kinds of business or employment he/she has been engaged in during the past five years and where, also the positions of importance and trust which he/she may have held in connection therewith;
(5) The civic, improvement or other organizations which he/she has been a member of within the past five years and the positions of honor or trust, which he/she may have held therein;
(6) The public offices he/she ever held, if any, as principal, deputy or employee; (7) The experience, training or education he/she has received which, in his/her opinion, would qualify him to fill the office for which he/she is a candidate; (8) The length of time he/she has been a resident in the city; (9) The principal public improvements or betterments which he/she would urge the accomplishment of if elected;
(10) The names of not more than 15 residents who know something of his/her character and abilities;
(11) Any other information which, in his/her opinion, would enable the electors to determine his/her qualifications for said office.
(b) Said statement shall be verified, and be accompanied by a photograph of the candidate taken within the past two years.
(c) The city clerk shall cause the publication of the statements of each candidate so filed, with the candidate's photo engraving annexed thereto, in the official city newspaper by two insertions therein prior to the day of election. No response to any one of the various requirements above- mentioned shall exceed 100 words in length. (d) The failure to submit the statement or other information shall not disqualify the candidate.

ARTICLE VIII PARKS

8.01 Dedication for Park Purposes.

Lands owned by the City which are more than four acres in size and which are dedicated by ordinance of the City Council for park, playground, recreation, or open space purposes shall not thereafter be sold or otherwise disposed of, nor converted to different purposes, except pursuant to majority vote of the electorate. The City Council may lease such dedicated lands for park, playground, recreation, or open space purposes. "Majority vote of the electorate" shall mean majority of the persons voting on the measure.

8.02 Conveyance of Minor Portion.

266 of 269

Without an election, the City Council may convey a minor portion of such dedicated lands after (a) notice and public hearing, (b) determination that the conveyance is in the public interest, and (c) adoption of a resolution authorizing the conveyance.

ARTICLE IX MISCELLANEOUS

9.01 Personal Financial Interest.

City officers and employees shall comply with the general law regarding disclosure of and disqualification on account of personal financial interests.

9.02 Prohibitions.
(a) Activities Prohibited:
(1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office on account of any matter that constitutes employment discrimination in state or federal law.
(2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment under the personnel provisions of this Charter, or ordinances relating to personnel, or rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any city appointive position or appointive city office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with the person’s his/her test, appointment, proposed appointment, promotion or proposed promotion.
(4) No city officer or employee shall grant special consideration, treatment, advantages, or use of city-owned property to himself/herself or any citizen beyond that which is available to every other citizen, nor shall any city officer or employee charge or collect any fee, commission or percentage by way of compensation to himself/herself. (b) Penalties: Any person who alone or with others willfully violates any of the foregoing provisions of this section shall be guilty of a misdemeanor. Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any office or position with the city, and, if an officer or employee of the city, shall immediately forfeit theirhis office or position.
(c) The council may by ordinance define, prohibit, and provide penalties for substantial conflicts of personal interest of city officers and employees.

9.03 Nepotism.

The city council shall not appoint to a salaried position under the city government, or to any board or commission, any person who is a relative by blood or marriage within the third degree of any one or

267 of 269

more of the members of such city council, nor shall any department head or other officer having appointive power appoint any relative of theirshis/her or of one or more of the members of such city council within such degree to any such position.

9.04 Dual Offices.

Any elective officer of the city who shall accept or retain any other incompatible elective public office shall be deemed thereby to have vacated theirhis/her office under the city government.

9.05 Violations of Charter and Ordinances.

The violation of any express provision of this Charter shall be deemed to be a misdemeanor as well as any violation specifically declared herein to be a misdemeanor. Such violations shall be punishable by fine not exceeding One Thousand Dollars or by imprisonment for not exceeding six months, or by both such fine and imprisonment. The violation of an ordinance shall be punishable as in the ordinance. The city council by ordinance may establish civil penalty provisions.

9.06 Municipal Affairs.

The city may adopt and enforce all ordinances, resolutions, and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter and the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers, and privileges, including proprietary powers, heretofore or hereafter established, granted, or prescribed by any law of the State, by this Charter, or by any other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, including all powers not in conflict with the provisions of this Charter now or hereafter granted to cities organized under the general law of the State of California. The enumeration in this Charter of any power shall not be held to be exclusive of or a limitation upon this general grant of power. To the extent permissible by law, general laws of the State, even in the absence of council action, shall not be of any force or effect insofar as they attempt to regulate municipal affairs.

9.07 Official City Newspaper.

The council periodically shall advertise for or call for the submission of sealed proposals or bids from all newspapers adjudicated to be newspapers of general circulation within the city, or if none, then from newspapers adjudicated to be newspapers of general circulation with in the County of San Mateo, for the publication of all ordinances and other legal notices required to be published.

The council may designate the requirements for award of contract. The contract therefor shall be awarded to the lowest responsible bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal notices of a private character. The newspaper to whom such contract is awarded shall be known and designated as the official city newspaper.

In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not published, then notice of the matters required to be published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.

9.08Definitions.

268 of 269

Unless the provision or the context requires otherwise, as used in this Charter: "shall" is mandatory and "may" is permissive; "law", "state law", "general law", and similar terms, mean the law as it now exists or may hereafter be enacted applicable to general law cities in this state; "state" means the State of California; "county" means the County of San Mateo; "city" means the City of San Mateo; nouns or pronouns includes the masculine, feminine, and the neuter, and the singular includes the plural.

9.09 Severability.

If any section or subsection of this Charter, or the application thereof, is held invalid, that invalidity shall not affect the validity and enforceability of any other section or subsection and this Charter shall continue in full force and effect as if the invalid section or subsection were not a part of the Charter.

ARTICLE X TRANSITIONAL PROVISIONS

10.01 Continuing Officers and Employees.

Until the election or appointment and induction into office of the officers and employees in this Charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments, and until otherwise provided by ordinance or resolution adopted pursuant to this Charter.

10.02 Continuing Ordinances in Force.

All lawful ordinances, resolutions, and regulations in force at the time this Charter takes effect, and not inconsistent with its provisions, are hereby continued in force so far as not inconsistent until the same shall have been duly amended, repealed, or superseded. To the extent the same are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto they are repealed as of the effective date of this Charter.

10.03 Continuing Contracts in Force.

All vested rights of the city shall continue and shall not in any manner be affected by the adoption of this Charter; nor shall any right, liability, pending suit or prosecution, either in behalf of or against the city, be affected by the adoption of this Charter. All contracts entered into by the city prior to the taking effect of this Charter shall continue in full force and effect. All public work begun prior to the taking effect of this Charter shall be continued and perfected hereunder.

10.04 When Charter Effective. Temporary Ordinances.

This Charter shall go into effect for all purposes at the first regular meeting of the city council following approval of this Charter by the legislature. At that meeting or at any meeting held within sixty days thereafter the council may adopt temporary ordinances, plainly labeled as such, to deal with cases of urgent need for prompt action in connection with transition of government in which delay incident to appropriate ordinance procedures would probably cause serious hardship or impair effective city government. Such a temporary ordinance may be adopted with or without amendment at the meeting at which it is introduced and may be made effective immediately, and shall not be subject to the referendum, but it shall stand repealed on the ninety-first day following its adoption and shall not be renewed or otherwise extended as a temporary or emergency ordinance. It shall be published in the same manner as an emergency ordinance.

269 of 269