CITY OF SAN MATEO
City Council Regular Meeting
August 18, 2025
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street
COUNCIL MEMBERS
Robert Newsom Jr.
Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash
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 REMOTELY .
SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.
To join via Zoom – click here:
August 18, 2025
To join via telephone: (408) 638-0968
Webinar ID: 864 5598 3473 Passcode: 463910
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.
Agenda Amended on Friday, August 15
Item 19 – Attachment 2 updated
CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Consideration for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances
CEREMONIAL
1. College of San Mateo Softball Championship – Recognition
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Airborne Bastogne Ball Presentation and Linda Patterson – Proclamation
3. Sue Lempert –
Mayor’s Quarterly Hero Award
4. Karen Huang, Finance Director – Recognition
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.
5. City Council Meeting Minutes — Approval
Approve the minutes of the special and regular City Council meetings held on July 28, 2025.
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 st
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15378(b)(5).)
6. Amendment to Contribution Limits for City Candidate Campaigns — Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Chapter 2.80: "Contributions and Loans to City Candidate Campaigns” to adjust contribution limits for individuals to $1,000, thereby aligning with organizational contribution limits, link future contribution limits adjustments to the Consumer Price Index (CPI) and enhance incentives for participation in the voluntary expenditure limits program, all in accordance with Council direction.
CEQA: This proposed Ordinance 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).)
7. City Council and Boards and Commissions Rules and Procedures — Updates Approve the proposed amendments to the Rules and Procedures for both the City Council and Boards and Commissions to reflect the direction provided by City Council.
CEQA: This administrative 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).))
8. Marina Lagoon Spot Dredging Project — Bid Rejection
Adopt a Resolution to reject the sole bid received for the Marina Lagoon Spot Dredging Project and authorize the Public Works Director to negotiate a contract directly with Power Engineering Construction Company.
CEQA: This Project will be performed pursuant to the terms and conditions of an existing permit with the environmental regulatory agencies for the Marina Lagoon including the San Francisco Bay Regional Water Quality Control Board. On July 7, 2021, the City filed a Notice of Exemption with the Office of Planning and Research and the County Clerk-Recorder for the County of San Mateo (SCH No. 2021070131) for proposed maintenance activities for the Marina Lagoon, effective from 2022 through 2026. These maintenance activities are categorically exempt as existing facilities as they involve negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)
9. Gateway Park Pedestrian Bridge Replacement Project — Agreement Approve an agreement with E.E. Gilbert Construction, Inc. for the Gateway Park Pedestrian Bridge Replacement Project in the amount of $478,112.67; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.
CEQA: This project is categorically exempt from CEQA review, because it consists of the replacement or reconstruction where the new bridge will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (CEQA Guidelines Section 15302.)
10. On-Call Public Works Plan Review Services — Amendment Approve Amendment No. 2 to the professional consultant services agreement with CSG Consultants, Inc. for private development and right-of-way support services to increase the agreement amount by $200,000 for a revised total, not-to-exceed amount of $600,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.
CEQA: Approval of Amendment No. 2 is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an amendment for plan review services may have a significant effect on the
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environment. (CEQA Guidelines Section 15061(b)(3).))
11. Los Prados, Kehoe Kelly & Arroyo Lift Stations Rehabilitation Project — Agreement Award an agreement to JMB Construction, Inc. for the Los Prados, Kehoe Kelly & Arroyo Lift Station Rehabilitation Project in an amount not to exceed $14,658,091.00; establish a contingency in the amount of $2,750,000.00; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
CEQA: The work addressed by this administrative report is being undertaken to support the Clean Water Program.
This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.
12. Central Recreation Center Roof Improvements Project — Contract Award Award a construction contract to I & A Contractor, Inc. for improvements to the roof at the Central Recreation Center in the amount of $196,000; establish a contingency reserve in the amount of $39,200; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.
CEQA: This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301)
13. Construction Special Inspection Services for the Clean Water Program — Amendment Approve Amendment No. 5 to the professional services agreement with Smith Emery San Francisco to provide as- needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by $150,000, for a revised total agreement amount of $3,500,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.
CEQA: The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). The PEIR was certified by Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addenda.
14. Contracts with Contingency Component — Update
Receive the report on Citywide contracts contingency fund expenditures for the period from August 1, 2017, through June 30, 2025.
CEQA: This informational 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).)
15. Wastewater Treatment Plant Annual Major Components – Contingency Reserve Increase
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Approve an increase to the project contingency of the Digester 2 Coatings Project being performed by Brand Energy Services of California, Inc. by $160,000, for a total contingency reserve in the amount of $242,000; and authorize the Public Works Director to approve any necessary change orders within the approved contingency amount.
CEQA: This Council action is exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)
16. Recreation Services Agreement — Contingency Reserve Increase Approve a contingency reserve increase in the amount of $30,000 for the Recreation Service Agreement with Bay Area Educational Theater Company, 501(c)(3) for youth summer camps, revising the original contingency reserve from $25,000 to $55,000; and authorize the Director of Parks and Recreation to issue change orders within the contingency amount.
CEQA: This agreement 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).))
17. Customer Relationship Management Software and Services — Agreement Adopt a Resolution approving an alternative purchasing procedure to award a three-year agreement to Catalis Public Works & Citizen Engagement, LLC for a Customer Relationship Management software system in the amount $140,500; approve $38,500 supplemental appropriation for the IT Department’s operating budget from the General Fund unassigned fund balance; and authorize the Director of IT to execute the agreement in substantially the form presented and issue amendments within the Agreement amount.
CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)
18. Housing Set Aside Fund — Appropriation
Adopt a Resolution approving a supplemental budget appropriation of $250,000 of unassigned fund balance from the General Fund to increase transfers out from the General Fund to the Housing Set Aside Fund (Fund 130) to increase the budget for affordable housing developments.
CEQA: This Resolution 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 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
19. Train Quiet Zone Project Status — Update
Receive a staff presentation on the status of the Train Quiet Zone implementation efforts and provide feedback.
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CEQA: This Council action is statutorily exempt from the preparation of environmental impact documents, because it involves the planning for possible futures actions which have not been approved, adopted, or funded. (CEQA Guidelines Section 15262.)
NEW BUSINESS
20. City Council Appointments to External Agencies and Liaison Roles — Amendment Review and provide direction to amend the Council Appointments list for 2025 to add a liaison to the San Mateo Police Activities League.
CEQA: This appointments list 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).)
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, 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.
ACCESSIBILITY:
In compliance with the Americans with Disabilities Act and to ensure meaningful access for all participants, including those with limited English proficiency, individuals requiring special accommodations or language assistance 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
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CITY OF SAN MATEO
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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: 10-1511 File ID: 25-10278 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 18, 2025
SUBJECT:
City Council Meeting Minutes — Approval
RECOMMENDATION:
Approve the minutes of the special and regular City Council meetings held on July 28, 2025.
BUDGET IMPACT:
There is no budgetary impact associated with this administrative item.
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 2025-07-28 Special
Att 2 – Minutes 2025-07-28 Regular
STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7044
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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
July 28, 2025
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.
Roll Call
Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Diaz Nash and Cwirko-Godycki 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 at 5:32 p.m. to consider:
1. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Jonathan Ayala-Zirate
2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Christopher Tofavaha v. City of San Mateo, San Mateo Superior Court Case No.: 25-CIV-0484
3. Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: PAR3SM LLC, Alicia Petrakis v. City of San Mateo, San Mateo Superior Court Case No.: 25-CIV- 03773
4. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Aracelia Esparza, Yumi Maeda, and Stacey Cue - IEDA Consultant Employee organization: SEIU, SMCEA, SMMEA, POA, Police Sergeants’ Association, and Safety Management Association
5. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Aracelia Esparza, Karen Huang, Abby Veeser, Stacey Cue - IEDA Consultant Employee organization: San Mateo Management Employees’ Association (SMMEA) Council reconvened at 6:14 p.m.
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STUDY SESSION
6. City Council Rules and Procedures – Updates
Martin McTaggart, City Clerk, gave a presentation on City Council's Rules and Procedures.
Public Comment:
Kevin Simpson expressed concern that organized presentations may advantage developers, advocated for equitable public input, recommended earlier access to meeting materials for residents, and supported requiring reapplication for commission appointments. Dave C. acknowledged the adopted code of conduct, questioned group presentation ID requirements, and recommended stronger enforcement of conflict-of-interest findings.
Council provided direction to approve staff’s proposed updates to the Rules and Procedures. Additional direction was provided to organize appointment subcommittees generally with two council members, allowing exceptions for high-profile commissions to have more members. Interview questions should be shared in advance. A discussion item will be provided in advance of next year’s recruitment to review vacancies, reappointments, and interview processes. Reappointment language should maintain council flexibility. Event attendance assignments should prioritize council members’ districts and clearly indicate Brown Act applicability. Public presentation materials must be submitted in advance, with group presenters required to attend meetings. Staff may reorder agenda items based on public interest. Interview panels should include a staff liaison, allow council members to opt in or out.
ADJOURNMENT –The meeting adjourned at 7:10 p.m.
APPROVED BY: SUBMITTED BY:
Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk
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9 COUNCIL MEMBERS
Robert Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash
CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
July 28, 2025
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:15 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Cwirko-Godycki, and Diaz Nash AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.
CEREMONIAL
1. Park and Recreation Month – Proclamation - Marie Silva, Deputy Director of Parks & Recreation, received the proclamation
2. Disability Pride Month – Proclamation - Legia Andradi Zuniga, Executive Director of the Center for Independence of Individuals with Disabilities, received the proclamation virtually.
3. Rethink Waste 2025 Trash to Art Contest Winners – Recognition - Raina Osigua, Environmental Education Associate, gave a presentation to recognize Mac S. and Hanya L.
CONSENT CALENDAR
The following items, 4 through 28, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were two speakers.
Public Comment: Michael Ragan supported the Hillsdale safety project, highlighting its broader neighborhood benefits and requested ongoing community involvement in planning. Kabir Sulur proposed using an AI tool developed by Compass Point Mentorship to generate accessible summaries of city council meetings from video and transcript data.
Motion passed 5-0.
Moved: Cwirko-Godycki, Seconded: Diaz Nash
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
4. City Council Meeting Minutes – Approval
Approve the minutes of the City Council meetings as follows: the special and regular meetings held on May 5, 2025, May 19, 2025, June 2, 2025, and June 16, 2025; and the special meetings held on May 6, 2025, May 7, 2025, May 10, 2025, May 15, 2025, May 27, 2025.
5. Zoning Code Amendments and Below Market Rate Program Update — Ordinance Adoption
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9 Adopt an Ordinance amending the Zoning Code (Title 27) to address affordable housing compliance options, planning application procedures, and set minimum densities for residential mixed-use development projects; and find that the Ordinance is exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183.
Enactment: Ordinance Nos. 2025-05
6. Small Wireless Facility Permit Support Services — Agreements Approve professional consultant services agreements for small wireless facilities permit review support services through May 31, 2027, with up to two optional one-year extensions, with: Anchor Engineering, Inc. d/b/a ANCHOR, in an amount not to exceed $250,000; and Gunnerson Consulting & Communication Site Services, LLC in an amount not to exceed $250,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue amendments within the budget amount including no-cost term extensions.
7. Citywide Custodial Services – Agreement
Adopt a Resolution approving an alternative purchasing procedure to award a three-year agreement to Impec Group, LLC for Citywide Custodial Services in the amount of $3,581,907.00, with two optional one-year extensions subject to future Council approval; establish an annual contingency in the amount of $110,000 per agreement year; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency amount.
Enactment: Resolution No. 78 (2025)
8. Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase Approve an increase in the amount of $19,500,000 to the City’s contingency budget for its contract with Sundt Construction, Inc. for construction of the Wastewater Treatment Plant Upgrade and Expansion Project; and authorize the Public Works Director to issue change orders within the contingency amount.
9. Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project – Grant Acceptance, Appropriation, and Supplemental Agreement
of the City’s Measure A funds as a local match to the Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project; approve a supplemental agreement with San Mateo County Transportation Authority to receive the grant funding; and authorize the City Manager to execute the agreement in substantially the form presented and any necessary future no-cost term extensions.
Enactment: Resolution No. 79 (2025)
10. Wastewater Treatment Plant Upgrade Engineering Services During Construction – Amendment and Contingency Increase
Approve Amendment No. 13 to the agreement with HDR Engineering, Inc. for engineering services during construction for the Wastewater Treatment Plant Upgrade and Expansion Project extending the term of the Agreement from August 31, 2025 through May 31, 2026; increase the contingency reserve by $1,500,000; and authorize the Public Works Director to execute the amendment and issue change orders within the contingency amount.
11. Humboldt Street Paving with the City of Burlingame — Revised Cost Sharing Agreement Approve a Cost Sharing Agreement with the City of Burlingame for the Paving of Humboldt Street in conjunction with Burlingame’s 2025 Street Resurfacing Project with an estimated cost to the City in the amount of $150,000.00; and authorize the City Manager to execute the Agreement in substantially the form presented.
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9 12. Citywide Elevator Maintenance Services – Agreement Adopt a Resolution approving an alternative purchasing procedure to award a three-year agreement to Advanced Elevator Solutions, Inc. for Citywide Elevator Maintenance Services in the amount of $232,200, with two optional one-year extensions subject to future Council approval; establish an annual contingency in the amount of $8,000 per year of the initial three-year agreement; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency amount.
Enactment: Resolution No. 80 (2025)
13. Poplar Creek Tenant Improvements – Agreement
Approve and authorize the City Manager to execute an agreement with Jon K Takata Corporation d/b/a Restoration Management Company to provide contractual services in an amount not to exceed $1,265,263.23; increase the construction contract contingency to $50,000; and authorize the Public Works Director to issue change orders within the contingency amount.
14. Citywide Street Rehabilitation Package 6B-1 — Agreement Approve an agreement with G. Bortolotto & Company, Inc. in the amount of $2,588,392.25; establish a contingency reserve in the amount of $389,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.
15. Main Library Lighting Controls Equipment – Purchase Agreement Adopt a Resolution approving a purchase agreement with Graybar Electric Company, Inc. to provide lighting controls equipment to the Main Library in an amount not to exceed $183,911.28; establish a contingency of $18,000.00; and authorize the Public Works Director to issue change orders within the contingency and execute the agreement in substantially the form presented.
Enactment: Resolution No. 81 (2025)
16. Citywide Surface Treatment Package 4A-1 Project — Agreement Approve an agreement with American Asphalt Repair & Resurfacing Co., Inc. for Citywide Surface Treatment Package 4A-1 Project in the amount of $3,110,671; establish a contingency reserve in the amount of $311,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the amount of the contingency reserve.
17. North Shoreview Flood Assessment District - Compensation Agreement Approve a compensation agreement with County of San Mateo for levying of the North Shoreview Flood Assessment District fee and authorize the City Manager to execute the agreement in substantially the form presented.
18. 2nd and El Camino Real and Central Parking Garages Elevator Controls Upgrade – Agreement Approve an agreement with Consolidated CM, Inc. for professional construction management services for an elevator controls upgrade at the 2nd and El Camino Parking Garage in an amount not to exceed $147,950 for a term through June 30, 2026; establish a contingency reserve in the amount of $15,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
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9 19. City Hall Council Chambers Audio-Visual Upgrades – Construction Contract Award a contract to Mark Latimer & Associates, Inc. dba Coda Technology Group for the City Hall Council Chambers Audio-Visual Upgrades project in the amount of $562,389.08; establish a contingency of $56,000; authorize the City Manager to execute the contract in substantially the form presented; and authorize the Public Works Director to issue change orders within the contingency amount.
20. Juvenile Diversion Program Case Management Services – Contract and Amendment Approve a three year contract with the Youth Service Bureau of the YMCA of San Francisco for Juvenile Diversion Program case management services in the total amount of $623,308; approve Amendment No. 6 to the agreement with the County of San Mateo to increase the reimbursement amount by $270,892 for case management services for the San Mateo Police Department Juvenile Diversion Program; approve a change order in the amount of $38,576 to cover the final costs for juvenile diversion case management services rendered in FY24/25; approve a contingency reserve of $50,000 and authorize the Chief of Police to issue change orders within that reserve; and authorize the Chief of Police to execute the documents in substantially the form presented.
21. Police Recruit Training Officer Assignment – Agreement Approve an agreement with Alameda County Sheriff's Office for the assignment of one police officer to the Alameda County Sheriff's Office Regional Training Center, and authorize the Chief of Police to execute the agreement in substantially the form presented.
22. Building Inspector, Development Review Technician, and Housing Specialist Series; and Salary Schedule: Senior Housing Specialist – Job Specification Updates
Adopt a Resolution to approve updates to the job specifications for three series: 1) Building Inspector I-II-Senior, 2) Development Review Technician I-II-Senior, and 3) Housing Specialist I-II-Senior; and to approve the salary schedule for the classification of Senior Housing Specialist.
Enactment: Resolution No. 82 (2025)
23. Solid Waste Technician Reclassification – Approval
Adopt a Resolution to approve the reclassification of the incumbent in the Administrative Assistant position in the Waste Management division of the Public Works Department to Solid Waste Technician.
Enactment: Resolution No. 83 (2025)
24. Finance and Human Resources Services for San Mateo Consolidated Fire Department – Agreement Approve an agreement between the City of San Mateo and the San Mateo Consolidated Fire Department for Finance and Human Resources services for a five-year term beginning August 1, 2025, and ending June 30, 2030, with estimated compensation to the City in the amount of $6,147,039.18; and authorize the City Manager to execute the Agreement in substantially the form presented.
25. Congregate Nutrition Program — Interagency Agreement Approve an interagency agreement with the County of San Mateo for Fiscal Year 2025-2026 to partially fund a congregate nutrition program through the Older Americans Act for up to $48,096; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
26. Central Park Phase 1 Playground Improvements Project – Agreement Amendment No. 3 Approve Amendment No. 3 to the agreement with RRM Design Group (RRM) to extend the term of the agreement from December 31, 2025 to December 31, 2026.
27. Climate Adaptation Plan for Sea Level Rise – Agreement
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9 Approve an agreement with Environmental Science Associates (ESA) for the development of a Climate Adaptation Plan for Sea Level Rise in the amount of $420,000 for a term from August 1, 2025, through August 1, 2028; and authorize the City Manager to execute the agreement in substantially the form presented.
28. Electrify San Mateo Sustainable Building Strategy – Adoption Adopt a Resolution to adopt the Electrify San Mateo Sustainable Building Strategy establishing policy direction for decarbonizing existing buildings in San Mateo.
Enactment: Resolution No. 84 (2025)
END OF CONSENT CALENDAR
PUBLIC COMMENT
Kevin Simpson urged the council to recognize pedestrian injuries and fatalities as a citywide emergency. Michael Ragan expressed frustration that the long-delayed Hillsdale High pedestrian safety project was deprioritized, despite years of advocacy and neighborhood need. Trina Pierce voiced concern that the city continues to ignore North Central’s seniors and residents by not restoring promised parking or addressing longstanding safety issues.
Mike Swire gave a presentation on behalf of Move San Mateo and advocated to preserve the Humboldt bike lanes, citing crash data, public support, and opposition to costly and unpopular alternative proposals. Marvin Hendrix called for the city to restore 100 parking spaces on Humboldt, stating North Central residents feel ignored and disrespected. Andrew Ryan called for the city to cancel wasteful Mills Act contracts, citing mismanagement, lost tax revenue, and lack of public benefit. Frank Elliott requested a transparent process and diverse policy options for updating the historic ordinance, particularly in light of Baywood's pending designation. Taso Zografos suggested restoring parking and removing bike lanes due to safety concerns.
NEW BUSINESS
City staff made a request to the Council that agenda item 30 be considered as the first discussion item due to public interest and attendance. City Council provided a consensus to approve this request.
30. Emergency Rental Assistance Program - Adoption and Agreement Jennifer Mora, Housing Specialist I and La Trice Taylor, Senior Director of Programs and Services of Samaritan House, gave the presentation.
Public Comment:
Kary Eldridge, speaking on behalf of Our Home San Mateo, expressed strong support for the rent relief fund and urged the Council to consider expanding relocation assistance beyond the one month currently required by state law. Hiram Duvan expressed appreciation for the rental assistance program but also raised some concerns about access. Mitch Spiegel supported the program and urged clearer eligibility criteria, stronger fraud prevention measures, and earlier landlord involvement. Ligia Andrade Zuniga voiced support for the program, emphasizing its importance in helping people with disabilities remain housed and avoid institutionalization.
Council asked questions and made comments.
Motion to adopt a Resolution to establish an Emergency Rental Assistance Program, appropriate $168,000 from the Low and Moderate Income Asset Fund for FY 2025-26, approve an agreement with Samaritan House to administer the program, and authorize the City Manager to execute the agreement in substantially the form presented. Motion passed 5-0.
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9 Moved: Newsom Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Enactment: Resolution No. 85 (2025)
OLD BUSINESS
29. Amendment to Contribution Limits for City Candidate Campaigns – Ordinance Introduction and Public Financing Briefing
Martin McTaggart, City Clerk, gave the presentation.
Public Comment:
Dave C. supported exploring public campaign financing with spending limits but urged caution due to ethical concerns and unresolved logistical challenges.
The Council approved the staff recommendation as presented. Additionally, the Council deliberated public financing of candidate campaigns and no action was taken to proceed with implementation at this time.
Motion to introduce an Ordinance to amend San Mateo Municipal Code Chapter 2.80: "Contributions and Loans to City Candidate Campaigns” to adjust contribution limits for individuals to $1,000, thereby aligning with organizational contribution limits, link future contribution limits adjustments to the CPI, and enhance incentives for participation in the voluntary expenditure limits program, all in accordance with Council direction. Receive an informational briefing on Public Financing of City Candidate Campaigns and provide direction on future action.
Motion passed 5-0.
Moved: Newsom, Seconded: Cwirko-Godycki,
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events, along with updates.
City will continue enforcement of the prohibition on lodging in vehicles starting August 4. Staff will prepare for a study session on food truck and street vendor regulations scheduled for September 15. A community meeting regarding Humboldt bike lanes and traffic calming measures is planned for August 25, with further updates and decisions expected later in the year.
The City Manager and City Clerk will consult with local foundations and bring a liaison proposal to the August 18 Council meeting.
Staff will gather additional information concerning the Muwekma Ohlone Tribe proclamation request. Site visits and outreach regarding Mills Act properties are ongoing, with staff to report back at the next council meeting.
Council members will raise awareness regarding the closure of Planned Parenthood clinics. The City Manager and Council will explore options for supporting the Pride Center’s temporary relocation.
ADJOURNMENT –The meeting adjourned at 10:55 p.m.
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9 APPROVED BY: SUBMITTED BY:
Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk
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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: 10-1511 File ID: 25-10254 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 18, 2025
SUBJECT:
Amendment to Contribution Limits for City Candidate Campaigns — Ordinance Adoption RECOMMENDATION:
Adopt an Ordinance to amend San Mateo Municipal Code Chapter 2.80: "Contributions and Loans to City Candidate Campaigns” to adjust contribution limits for individuals to $1,000, thereby aligning with organizational contribution limits, link future contribution limits adjustments to the Consumer Price Index (CPI) and enhance incentives for participation in the voluntary expenditure limits program, all in accordance with Council direction.
BACKGROUND:
On July 28, 2025, the City Council introduced the attached proposed Ordinance (Attachment 1) to amend San Mateo Municipal Code Chapter 2.80: "Contributions and Loans to City Candidate Campaigns.” The proposed Ordinance would increase contribution limits for individuals from $500 to $1,000 (the same limits currently applicable to organizations) with future increases linked to the CPI, rounded up to the nearest $10, and eliminates a related typographical error (a missing phrase) from the prior draft. The Ordinance would also allow candidates who opt to participate in the voluntary expenditure limits program to submit an additional four-hundred-word candidate statement for inclusion on the City’s website.
If adopted, this Ordinance will take effect on January 1, 2026, in order to align with campaign reporting periods.
BUDGET IMPACT:
There is no budgetary impact associated with this item.
ENVIRONMENTAL DETERMINATION:
This proposed Ordinance 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 – Proposed Ordinance
STAFF CONTACT
Chantal Eaton, Deputy City Clerk
[email protected]
(650) 522-7044
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5 CITY OF SAN MATEO
DRAFT ORDINANCE
WHEREAS, on February 18, 2025, staff provided the City Council with a post-election review of candidate campaign activity from the November 5, 2024 general municipal election, pursuant to San Mateo Municipal Code Section 2.80.080; and
WHEREAS, following this review, the Council directed staff to return with an ordinance to align contribution limits for individuals and organizations at $1,000, with future adjustments to follow changes in the Consumer Price Index (CPI), and to include additional incentives for participating in the voluntary expenditure limits program.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. Section 2.80.030 of the San Mateo Municipal Code is amended as follows:
2.80.030 LIMITATIONS ON CONTRIBUTIONS.
(a) For any particular election, no individual or organization shall make, and no candidate, candidate committee treasurer or other person acting on behalf of a candidate committee shall solicit or accept from any individual or organization any contribution which will cause the total amount contributed by such individual or organization to exceed $1000.00.
(b) Beginning January 1, 2027, the City Clerk shall once biennially, on a calendar-year basis, increase the contribution limitation amount upon a finding that the cost of living in the immediate San Francisco Bay Area, as shown on the Consumer Price Index (CPI) for all items in the San Francisco Bay Area as published by the U.S.
Department of Labor, Bureau of Statistics, has increased. The increase of the contribution limitation amount shall not exceed the CPI increase, using the index published in June 2025 as the index year. The adjustment shall be rounded up to the nearest $10.00. The City Clerk shall publish the contribution limitation amounts no later than February 1st of each year in which an increase occurs. (c) Any contribution or portion thereof that exceeds the limits in this section shall be returned to the contributor within 72 hours of receipt.
(d) The limitations imposed by this section shall not apply to contribution of a candidate's personal funds to the candidate's own campaign, or to any loan which is personally guaranteed by the candidate or is secured by property owned by the candidate.
Section 2. Subsection (c)(1) of Section 2.80.055 of the San Mateo Municipal Code is amended as follows:
2.80.055 VOLUNTARY EXPENDITURE LIMIT.
(c) Candidates who agree to abide by the voluntary campaign expenditure limit shall receive the following benefits and incentives at no cost to themselves:
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5 (1) The City's website will prominently identify which candidates have agreed to the voluntary expenditure limit. Candidates who agree to abide by the voluntary campaign expenditure limits may submit a written statement up to four hundred words. The statement will appear exactly as submitted and shall conform to candidate statement guidelines provided by the City Clerk and Elections Code section 13307(a)(1), as amended.
Section 3. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5), this action is not a project subject to CEQA because it will not result in direct or indirect physical changes in the environment.
Section 4. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 5. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 6. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective on January 1, 2026.
Place attachments here
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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: 10-1511 File ID: 25-10252 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 18, 2025
SUBJECT:
City Council and Boards and Commissions Rules and Procedures — Updates RECOMMENDATION:
Approve the proposed amendments to the Rules and Procedures for both the City Council and Boards and Commissions to reflect the direction provided by City Council.
BACKGROUND:
The City Council Rules and Procedures were first adopted in 2015 to guide how Council conducts business. The document has been updated over time to reflect changes in law, best practices, and Council feedback.
On July 28, 2025, Council reviewed and provided direction on proposed updates to various sections of the Rules and Procedures. These updates aim to improve clarity, efficiency, transparency, and fairness in City processes. This direction is also applied, where relevant, within the Boards and Commissions version of the Rules and Procedures.
Summary of Amendments:
1. Council Duties and Event Attendance (Chapter 3):
Clarifies how Council Members are selected to attend events when attendance must be limited (e.g., due to Brown Act rules). Priority goes to: (1) the Mayor or Deputy Mayor (in the absence of the Mayor) and (2) to the liaison most closely connected to the event, or (as amended by Council) the Council Member elected by district where the event is most directly impacted.
2. Public Participation (Chapter 7):
Presentation Materials: Requires advance submission of videos or other materials shown during public comment, with a deadline and review process to ensure proper function and relevance. Organized Presentations: Clarifies that all speakers listed in a group presentation must be present (in-person or virtually) at the meeting.
3. Agenda Order (Chapter 8):
Allows the City Manager (or Staff Liaison for Boards and Commissions) to adjust the order of items (e.g., moving high- interest items earlier) when publishing the agenda, with Council still able to adjust during meetings.
4. Council Travel & Training Budgets (Chapter 9):
Establishes equal budget allocations for each Council Member to ensure fair access to professional development, and adds clearer cost control measures.
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5. Legislative Committee (Chapter 11):
Outlines the creation and use of a formal Legislative Platform, with the Legislative Committee in an advisory role. Clarifies that only Council Members and the City Manager may bring items forward, and that individual Council Members may still state personal positions.
Implementation:
If approved, changes will be communicated publicly at meetings, posted online and in meeting locations, and included in agenda notifications.
BUDGET IMPACT:
There is no budgetary impact associated with this administrative action.
ENVIRONMENTAL DETERMINATION:
This administrative 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 – City Council Rules and Procedures – Clean
Att 2 – City Council Rules and Procedures – Tracked Changes Att 3 – Boards and Commissions Rules and Procedures – Clean Att 4 – Boards and Commissions Rules and Procedures – Tracked Changes
STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7044
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City Council Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Last Amended by Council action on
June 16, 2025
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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 ..................................................................10 Chapter 6. Council Member Conduct.......................................................................................12 Chapter 7. Meetings.................................................................................................................15 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
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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 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 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
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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.
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Chapter 3. Key Governance Principles
In 2022, the City conducted its first by-district election for City Council members. Districts 1, 3, and 5 held district elections in November 2022 and Districts 2 and 4 held 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. Members 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.
A. When Council Member attendance at events is limited due to Brown Act considerations, priority for attendance should align with (1) the Mayor, or Deputy Mayor if the Mayor is unavailable, and (2) the Council liaison most closely associated with the relevant board, commission, or policy area or the Council
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Member elected by the district most directly impacted by the subject of the meeting.
5. Communications and Access to Information
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 Council members.
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.
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Chapter 4. Duties
1. Duties of the Council
A. Refer to the Charter of the City of San Mateo 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 emergency operations 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:
a. 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.
b. Ensure that staff and members of the public direct their comments to the presiding officer and members.
c. Help keep Council Member questions and comments relevant to the matter being considered by the Council.
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d. Consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
e. 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.
G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.
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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 direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.
C. Alert staff in advance of the meeting whenever possible if an item is intended to be pulled off of the Consent Calendar or 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.
F. All Council Members are asked to alert appropriate staff when receiving media inquiries.
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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.
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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.
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Chapter 6. Council Member Conduct
1. Council Members are committed to governing for all, striving to avoid any appearance of impropriety, and running our meetings with civility, decorum, and respect. With that spirit, San Mateo Council Members shall:
A. Govern as a body. If we work together well as a team, our City will excel.
B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.
C. Keep confidential matters confidential.
D. Respect process and roles. This includes avoiding interruptions and distractions.
E. Agree to disagree in a respectful manner. We focus on the issue not the person.
F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.
G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.
H. The Mayor normally speaks last. After other members of the Council have offered their opinions, the Mayor speaks. The Mayor can speak after each round of speaking by Council Members.
I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.
J. Promote discussion and resolution. We present problems and issues in that way.
K. Follow the agenda. We begin and end meetings on time.
L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.
M. Speak for the City only when specifically authorized.
N. Practice a “no surprises” rule. We give a heads up to the City Manager and City Attorney out of respect and teamwork.
O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.
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P. Adhere to all federal, state, and local laws in the performance of their public duties, including conflict-of-interest laws.
Q. 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.
R. When acting in a quasi-judicial capacity: keep an open mind, do not rush to pre- judge any matter, and be fair and neutral towards all concerned parties. This applies to statements that are verbal and written, including posts on social media.
At the beginning of the hearing, disclose any ex parte communications (oral or written from one party outside of the hearing) and describe the nature and substance of the communication.
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).
4. Council Members shall complete ethics training as required by state law.
5. Enforcement.
A. Where a Council member is allegedly not following the rules set forth in this Chapter (“Code of Conduct”), any concerned Council member is encouraged to resolve the matter on an informal basis through direct conversations, or by referral to the Mayor (or the Deputy Mayor if the Mayor’s conduct is at issue) to privately counsel the subject Council member.
B. If the offense(s) continue, or if warranted due to the serious nature of an initial violation, two Council members may file a complaint regarding the conduct of another Council Member for an alleged violation of the Code of Conduct. The complaint shall be in writing and filed with the City Clerk, with a copy to the City Manager and City Attorney. A copy of the complaint shall be promptly provided to the Council. The City Clerk shall place the complaint on the next available City Council agenda for initial consideration. The Council member who is the subject of the complaint may include a written response to be included with the agenda packet or may verbally address the complaint at the Council meeting, or both.
C. At the meeting where the complaint is considered, a Council majority (3 votes) shall decide whether to (1) take no action, (2) reprimand the subject Council member and require them to promptly take ethics training (in addition to any training required by law), or (3) schedule the matter for a future hearing to consider a formal resolution of censure, revoke seniority and/or committee
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assignments (both internal and inter-governmental), and/or restrict payment of expenses such as for official travel. Alternatively, the Council may direct the City Manager or City Attorney to investigate the matter, or to engage a third party to do so, and bring it back to the Council following completion of the investigation.
D. If a Council majority (3 votes) directs the scheduling of a hearing, it should also appoint one or two Council members to draft a censure resolution to be included with the agenda packet. At the hearing, the Council member who is the subject of the complaint shall have the opportunity to rebut the allegations in the report either themselves or through a representative. The formal rules of evidence shall not apply, and the hearing shall be generally informal.
E. At the close of the hearing, a Council majority (3 votes) shall decide whether to:
(1) take no action, (2) issue a reprimand and require the Council member to promptly take ethics training (beyond what is required by law), or (3) adopt a censure resolution, revoke seniority and/or committee assignments (both internal and inter-governmental) and/or restrict payment of expenses such as for official travel. Any action taken by the Council is final and is not subject to appeal or reconsideration.
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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 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. 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
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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 that the location of a City Council meeting 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 speakers 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
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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, with as many speakers as can be accommodated within that time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting.
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.Presentation Materials – Videos, slide shows, and other visual materials may be used during public comment or group presentations, provided they do not exceed the allotted speaking time. Any content still in progress when the time expires will be stopped. All presentation materials must be submitted for review—both for technical compatibility and relevance to subject matter or city business—no later than one (1) business day before the meeting.
H. 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)
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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 E. Council questions to applicant and/or staff
F. Council discussion and deliberation
G. 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 (if not the Appellant) – 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
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.
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At 11:00 pm, in order to ensure effective discourse on an item, the 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.
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 section 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.
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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, except where the City Manager determines that a different order is appropriate under the circumstances.
A. Opening
1. Pledge of Allegiance
2. Roll Call
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.
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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. Council Members should notify the City Manager in advance if they intend to make such a request. 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 for, or a sample copy of a proposed resolution, that item should be sent to the Clerk for distribution to members no later than the time of the agenda packet issuance and 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:
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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 an item requested by the public on a future agenda.
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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.
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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.
Each Council Member will have equal access to an annual budget for events, trainings, and conferences. Once a Council Member’s individual allocation has been fully used, additional funds may only be granted with approval from the City Council. Funds may not be transferred between Council Members. The City Clerk’s Office will monitor and track individual Council Member expenditures to ensure compliance with this policy.
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
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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
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.
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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 GSA amount eliminates the need for employees to submit receipts. Thus, the Council members only need 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.
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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.
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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 the agenda packet will be compiled and distributed to the City Council prior to
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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.
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. Communications 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, X (formerly 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.
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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.
E. Quasi-Judicial Capacity: see Chapter 6 (Council Member Conduct) for rules addressing the use of social media when Council Members are acting in a quasi- judicial capacity.
8. Written Communications for Council Meetings
A. 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.
B. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.
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C. 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.
D. If a Council Member receives materials regarding an agenda item, they shall forward it to the City Clerk and the City Manager as soon as possible.
E. 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 members’ 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”
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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 (see also 5(D) of this chapter).
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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 evaluate and if needed make proposed modifications to the City’s legislative platform; and shall meet when necessary to develop recommendations for the City’s position on legislative matters. Proposed amendments to the City’s legislative platform shall require Council approval before adoption.
D. 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.
E. In accordance with the City Council approved legislative platform, City staff will be responsible to work in coordination with the Legislative Committee, staff will be responsible for coordinating with the Legislative Committee and relevant City departments, and may also engage external legislative support as appropriate to:
I. Continuously review and evaluate legislative proposals for alignment with the City Council’s adopted legislative platform.
II. Make recommendations on appropriate advocacy positions, such as support, oppose, oppose unless amended, neutral, watch, and sponsor/co-sponsor, which are consistent with the adopted legislative platform.
III. Draft advocacy letters consisted with the adopted legislative platform.
IV. Engage with appropriate State and Federal officials on legislation in which the City has taken an advocacy position.
F. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, or the City Manager.
G. If an advocacy position is substantially aligned with the City Council’s adopted legislative platform, or where there are extenuated circumstances related to time- sensitive legislative deadlines, or developments potentially leading to significantly
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determinantal impacts to the City’s finances, responsibilities, legal authority, discretion, or operations, the City Manager is authorized to request that the Mayor, or in the absence of the Mayor, the Deputy Mayor, sign advocacy letters on legislation of interest without taking the item to the Legislative Committee or City Council for approval. In such cases, a copy of the correspondence shall be provided to the full City Council and a brief report of action taken will be provided under Reports and Announcements at the next City Council meeting.
H. This policy is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, or State proposition, State or Federal legislation. However, in doing so, the member shall clearly state that they are speaking for themselves, not on behalf of the Council body or the City collectively (see Chapter 10, sub-section section 11).
When acting in individual capacity, Councilmembers shall do so in accordance with other City Council policies.
I. 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:
I. 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.
II. 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.
III. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.
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B. Preparation of City Proclamations
I. 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.
II. 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.
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.
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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 the Council Member does not need to use their 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.
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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 to which they are assigned. 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. 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 appointments 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 reassigned to another Council Member, as this would not provide the desired consistency. If it became necessary to reassign 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
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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.
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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) are appointed by a majority vote of the City Council and 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.
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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, 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.
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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.
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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
Prior Revisions: January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, April 1, 2024, and July 15, 2024.
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City Council Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Last Amended by Council action on:
17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, April 1, 2024, July 15, 2024, and June 16, 2025
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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 ..................................................................10 Chapter 6. Council Member Conduct.......................................................................................12 Chapter 7. Meetings.................................................................................................................15 Chapter 8. Meeting Agendas....................................................................................................20 Chapter 9. Financial Matters....................................................................................................23 Chapter 10. Communication ......................................................................................................28 Chapter 11. Legislative ...............................................................................................................33 Chapter 12. Council Liaison Roles ..............................................................................................37 Chapter 13. Boards and Commissions........................................................................................40 Chapter 14. References..............................................................................................................43
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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 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 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
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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.
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Chapter 3. Key Governance Principles
In 2022, the City conducted its first by-district election for City Council members. , with dDistricts 1, 3, and 5 holding held district elections in November 2022 and dDistricts 2 and 4 to hold held 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. Members 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.
A. When Council Member attendance at events is limited due to Brown Act considerations, priority for attendance should align with (1) the Mayor, or Deputy Mayor if the Mayor is unavailable, and (2) the Council liaison most closely
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associated with the relevant board, commission, or policy area or the Council Member elected by the district most directly impacted by the subject of the meeting.
5. Communications and Access to Information
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
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Chapter 4. Duties
1. Duties of the Council
A. Refer to the Charter of the City of San Mateo 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 emergency operations 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:
a. 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.
b. Ensure that staff and members of the public direct their comments to the presiding officer and members.
c. Help keep Council Member questions and comments relevant to the matter being considered by the Council.
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d. Consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
e. 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.
G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.
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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 direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.
C. Alert staff in advance of the meeting whenever possible if an item is intended to be pulled off of the Consent Calendar or 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.
F. All Council Members are asked to alert appropriate staff when receiving media inquiries.
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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.
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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.
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Chapter 6. Council Member Conduct
1. Council Members are committed to governing for all, striving to avoid any appearance of impropriety, and running our meetings with civility, decorum, and respect. With that spirit, San Mateo Council Members shall:
A. Govern as a body. If we work together well as a team, our City will excel.
B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.
C. Keep confidential matters confidential.
D. Respect process and roles. This includes avoiding interruptions and distractions.
E. Agree to disagree in a respectful manner. We focus on the issue not the person.
F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.
G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.
H. The Mayor normally speaks last. After other members of the Council have offered their opinions, the Mayor speaks. The Mayor can speak after each round of speaking by Council Members.
I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.
J. Promote discussion and resolution. We present problems and issues in that way.
K. Follow the agenda. We begin and end meetings on time.
L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.
M. Speak for the City only when specifically authorized.
N. Practice a “no surprises” rule. We give a heads up to the City Manager and City Attorney out of respect and teamwork.
O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.
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P. Adhere to all federal, state, and local laws in the performance of their public duties, including conflict-of-interest laws.
Q. 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.
R. When acting in a quasi-judicial capacity: keep an open mind, do not rush to pre- judge any matter, and be fair and neutral towards all concerned parties. This applies to statements that are verbal and written, including those posts on social media. At the beginning of the hearing, disclose any ex parte communications (oral or written from one party outside of the hearing) and describe the nature and substance of the communication.
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).
4. Council Members shall complete ethics training as required by state law.
5. Enforcement.
A. Where a Council member is allegedly not following the rules set forth in this Chapter (“Code of Conduct”), any concerned Council member is encouraged to resolve the matter on an informal basis through direct conversations, or by referral to the Mayor (or the Deputy Mayor if the Mayor’s conduct is at issue) to privately counsel the subject Council member.
B. If the offense(s) continue, or if warranted due to the serious nature of an initial violation, two Council members may file a complaint regarding the conduct of another Council Member for an alleged violation of the Code of Conduct. The complaint shall be in writing and filed with the City Clerk, with a copy to the City Manager and City Attorney. A copy of the complaint shall be promptly provided to the Council. The City Clerk shall place the complaint on the next available City Council agenda for initial consideration. The Council member who is the subject of the complaint may include a written response to be included with the agenda packet or may verbally address the complaint at the Council meeting, or both.
C. At the meeting where the complaint is considered, a Council majority (3 votes) shall decide whether to (1) take no action, (2) reprimand the subject Council member and require them to promptly take ethics training (in addition to any training required by law), or (3) schedule the matter for a future hearing to consider a formal resolution of censure, revoke seniority and/or committee
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assignments (both internal and inter-governmental), and/or restrict payment of expenses such as for official travel. Alternatively, the Council may direct the City Manager or City Attorney to investigate the matter, or to engage a third party to do so, and bring it back to the Council following completion of the investigation.
D. If a Council majority (3 votes) directs the scheduling of a hearing, it should also appoint one or two Council members to draft a censure resolution to be included with the agenda packet. At the hearing, the Council member who is the subject of the complaint shall have the opportunity to rebut the allegations in the report either themselves or through a representative. The formal rules of evidence shall not apply, and the hearing shall be generally informal.
E. At the close of the hearing, a Council majority (3 votes) shall decide whether to:
(1) take no action, (2) issue a reprimand and require the Council member to promptly take ethics training (beyond what is required by law), or (3) adopt a censure resolution, revoke seniority and/or committee assignments (both internal and inter-governmental) and/or restrict payment of expenses such as for official travel. Any action taken by the Council is final and is not subject to appeal or reconsideration.
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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 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. 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
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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 thethat the location of a City Council meeting 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 speakers 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
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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, with as many speakers as can be accommodated within that time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting. 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.
F.G.Presentation Materials – Videos, slide shows, and other visual materials may be used during public comment or group presentations, provided they do not exceed the allotted speaking time. Any content still in progress when the time expires will be stopped. All presentation materials must be submitted for review—both for technical compatibility and relevance to subject matter or city business—no later than one (1) business day before the meeting.
G.H. 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.
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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 E. Council questions to applicant and/or staff
F. Council discussion and deliberation
G. 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 (if not the Appellant) – 15 minutes
3. Individual Speakers - as outlined in Section 7(ED)(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
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.
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At 11:00 pm, in order to ensure effective discourse on an item, the 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.
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 §section 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.
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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, except where the City Manager determines that a different order is appropriate under the circumstances.
A. Opening
1. Pledge of Allegiance
2. Roll Call
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.
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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. Council Members should notify the City Manager in advance if they intend to make such a request. 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 for, or a sample copy of a proposed resolution, that item should be sent to the Clerk for distribution to members no later than the time of the agenda packet issuance and 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:
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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 an item requested by the public on a future agenda.
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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.
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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.
Each Council Member will have equal access to an annual budget for events, trainings, and conferences. Once a Council Member’s individual allocation has been fully used, additional funds may only be granted with approval from the City Council. Funds may not be transferred between Council Members. The City Clerk’s Office will monitor and track individual Council Member expenditures to ensure compliance with this policy.
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
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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
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.
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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 GSA amount eliminates the need for employees to submit receipts. Thus, the Council members only need 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.
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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.
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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 the agenda packet will be compiled and distributed to the City Council prior to
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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.
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. Communications 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, X (formerly 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.
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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.
E. Quasi-Judicial Capacity: see Chapter 6 (Council Member Conduct) for rules addressing the use of social media when Council Members are acting in a quasi- judicial capacity.
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.
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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 to 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 members’ 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”
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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 (see also 5(D) of this chapter).
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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 evaluate and if needed make proposed modifications to the City’s legislative platform draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters. Proposed amendments to the City’s legislative platform shall require Council approval before adoption.
D. 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.
E. In accordance with the City Council approved legislative platform, City staff will be responsible to work in coordination with the Legislative Committee, staff will be responsible for coordinating with the Legislative Committee and relevant City departments, and may also engage external legislative support as appropriate to:
I. Continuously review and evaluate legislative proposals for alignment with the City Council’s adopted legislative platform.
II. Make recommendations on appropriate advocacy positions, such as support, oppose, oppose unless amended, neutral, watch, and sponsor/co-sponsor, which are consistent with the adopted legislative platform.
III. Draft advocacy letters consisted with the adopted legislative platform.
IV. Engage with appropriate State and Federal officials on legislation in which the City has taken an advocacy position.
C.F. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, or the City Manager., or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.
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A. If an advocacy position is substantially aligned with the City Council’s adopted legislative platform, or where there are extenuated circumstances related to time- sensitive legislative deadlines, or developments potentially leading to significantly determinantal impacts to the City’s finances, responsibilities, legal authority, discretion, or operations, the City Manager is authorized to request that the Mayor, or in the absence of the Mayor, the Deputy Mayor, sign advocacy letters on legislation of interest without taking the item to the Legislative Committee or City Council for approval. In such cases, a copy of the correspondence shall be provided to the full City Council and a brief report of action taken will be provided under Reports and Announcements at the next City Council meeting.
B. This policy is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, or State proposition, State or Federal legislation. However, in doing so, the member shall clearly state that they are speaking for themselves, not on behalf of the Council body or the City collectively (see Chapter 10, sub-section section 11).
When acting in individual capacity, Councilmembers shall do so in accordance with other City Council policies.
The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.
C.
1. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:
I. 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.
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II. 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.
III. 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
I. 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.
II. 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.
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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.
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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 the Council Member does not need to use their 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.
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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 to which they are assigned. 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. 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 appointments 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 reassigned to another Council Member, as this would not provide the desired consistency. If it became necessary to reassign 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
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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.
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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) are appointed by a majority vote of the City Council and 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.
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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, 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.
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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.
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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
Prior Revisions: January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, April 1, 2024, and July 15, 2024.
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Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Last Amended by Council Action on:
August 18, 2025
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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. Governance Principles..............................................................................................7 Chapter 4. Duties .......................................................................................................................8 Chapter 5. Selection of Chair and Vice Chair ...........................................................................12 Chapter 6. Commissioner Conduct ..........................................................................................13 Chapter 7. Meetings ................................................................................................................16 Chapter 8. Meeting Agendas ...................................................................................................21 Chapter 9. Financial Matters....................................................................................................24 Chapter 10. Communication ......................................................................................................28 Chapter 11. Boards and Commissions Selection Process...........................................................32 Chapter 12. References..............................................................................................................34
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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.
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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.
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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 Advisory Commission:
The Senior Advisory 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.
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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.
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.
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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.
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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 the 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:
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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 they 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 direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.
C. Alert staff in advance of the meeting whenever possible if an item is intended to be pulled off of the Consent Calendar or 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. Commissioners 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.
E. All commission members are asked to alert the staff commission liaison when receiving media inquiries.
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F. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meetings 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.
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5. Duties of Administrative Staff
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.
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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 a 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.
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Chapter 6. Commissioner Conduct
1. Members are committed to governing for all, striving to avoid any appearance of impropriety, and running our meetings with civility, decorum, and respect. With that spirit, Members shall:
A. Govern as a body. If we work together well as a team, our City will excel.
B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.
C. Keep confidential matters confidential.
D. Respect process and roles. This includes avoiding interruptions and distractions.
E. Agree to disagree in a respectful manner. We focus on the issue not the person.
F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.
G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.
H. The Chair normally speaks last. After other members of the Commission have offered their opinions, the Chair speaks. The Chair can speak after each round of speaking by Members.
I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.
J. Promote discussion and resolution. We present problems and issues in that way.
K. Follow the agenda. We begin and end meetings on time.
L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.
M. Speak for the City only when specifically authorized (see Chapter 10, Communication, sections regarding “Speaking for the City” and “Speaking as an Individual”).
N. Practice a “no surprises” rule. We give a heads up to the Commission staff liaison, and City Attorney’s Office represenative (if applicable) out of respect and teamwork.
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O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.
P. Adhere to all federal, state, and local laws in the performance of their public duties, including conflict-of-interest laws.
Q. Not engage in discussion with a member of the public during the meeting. 1 R. 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.
S. Meet with the Council liaison to the Commission when requested.
T. Pay close attention 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.
U. When acting in a quasi-judicial capacity: keep an open mind, do not rush to pre- judge any matter, and be fair and neutral towards all concerned parties. This applies to statements that are verbal and written, including posts on social media.
At the beginning of the hearing, disclose any ex parte communications (oral or written communications from one party outside of the hearing) and describe the nature and substance of the communication.
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 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).
4. Commissioners shall complete ethics training at least once every two years, beginning with calendar year 2025.
5. Enforcement.
A. Where a Commissioner is allegedly not following the rules set forth in this Chapter (“Code of Conduct”), any concerned Council member is encouraged to resolve the 1 Items Q-T are included within the existing Commissioner Conduct chapter and do not overlap with the new conduct. Staff recommends retaining items Q-T for this reason.
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matter on an informal basis through direct conversations, or by referral to the Mayor or Council Liaison to the Commission to privately counsel the subject Commissioner.
B. If the offense(s) continue, or if warranted due to the serious nature of an initial violation, two Council members may file a complaint regarding the conduct of a Commissioner for an alleged violation of the Code of Conduct. The complaint shall be in writing and filed with the City Clerk, with a copy to the City Manager and City Attorney. A copy of the complaint shall be promptly provided to the Council and to the Commissioner. The City Clerk shall place the complaint on the next available City Council agenda for initial consideration. The Commissioner who is the subject of the complaint may include a written response to be included with the agenda packet or may verbally address the complaint at the Council meeting, or both.
C. At the meeting where the complaint is considered, a Council majority (3 votes) shall decide whether to (1) take no action, (2) reprimand the subject Commissioner and require them to promptly take ethics training (in addition to any training required by law), or (3) schedule the matter for a future hearing to consider a formal resolution of censure, revoke seniority, and/or restrict payment of expenses such as for official travel. Alternatively, the Council may direct the City Manager or City Attorney to investigate the matter, or to engage a third party to do so, and bring it back to the Council following completion of the investigation.
D. If a Council majority (3 votes) directs the scheduling of a hearing, it should also appoint one or two Council members to draft a censure resolution to be included with the agenda packet. At the hearing, the Commissioner who is the subject of the complaint shall have the opportunity to rebut the allegations in the report either themselves or through a representative. The formal rules of evidence shall not apply, and the hearing shall be generally informal.
E. At the close of the hearing, a Council majority (3 votes) shall decide whether to (1) take no action, (2) issue a reprimand and require the Commissioner to promptly take ethics training (beyond what is required by law), or (3) adopt a censure resolution, revoke seniority, and/or restrict payment of expenses such as for official travel. Any action taken by the Council is final and is not subject to appeal or reconsideration.
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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 Commission 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.
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F.Adjourned Meetings due to Power Outages In the event that the location of meeting 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 the 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.
E. Generally, time Limits for public comment are dependent on the number of speakers:
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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,, with as many speakers as can be accommodated within the time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting.
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.Presentation Materials – Videos, slide shows, and other visual materials may be used during public comment or group presentations, provided they do not exceed the allotted speaking time. Any content still in progress when the time expires will be stopped. All presentation materials must be submitted for review – both for technical compatibility and relevance to subject matter or city business – no later than one (1) business day before the meeting.
H. 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 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.
I. 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)
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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 (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 (if not the Appellant) – 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 on whether to continue with an item or take up any unheard items.
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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 comments, or Commissioner comments, questions, and opinions.
The 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 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
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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, except where the Staff Liaison determines that a different order is appropriate under the circumstances 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.
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G. Reports and Announcements
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. Commissioners should notify the Staff Liaison in advance if they intend to make such a request. 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.
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2. The first response is for the staff liaison to address concerns raised directly outside the meeting regarding the issue.
3. If a majority of the Commission agrees, the item will be agendized at a future meeting.
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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
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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
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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.
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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.
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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 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.
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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.
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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.
E. Quasi-Judicial Capacity: see Chapter 6 (Commissioner Conduct) for rules addressing the use of social media when Commissioners are acting in a quasi- judicial capacity.
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.
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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.
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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-interview 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.
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H. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular 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. The Council may adopt the recommendations as presented or pull the item for further discussion. A majority vote of the 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.
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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
Prior Revisions: January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, April 1, 2024, July 15, 2024, and June 16, 2025.
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Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Last Amended by Council Action on:
January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, September 6, 2022 and April 1, 2024, June 16. 2025 August 18, 2025
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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. Governance Principles..............................................................................................7 Chapter 4. Duties .......................................................................................................................8 Chapter 5. Selection of Chair and Vice Chair ...........................................................................12 Chapter 6. Commissioner Conduct ..........................................................................................13 Chapter 7. Meetings ................................................................................................................16 Chapter 8. Meeting Agendas ...................................................................................................21 Chapter 9. Financial Matters....................................................................................................24 Chapter 10. Communication ......................................................................................................28 Chapter 11. Boards and Commissions Selection Process...........................................................32 Chapter 12. References..............................................................................................................34
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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.
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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.
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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 Advisory Commission:
The Senior Citizens Advisory 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.
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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.
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.
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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.
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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 the 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:
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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 they 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 direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.
C. Alert staff in advance of the meeting whenever possible if an item is intended to be pulled off of the Consent Calendar or 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. Commissioners 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.
E. All commission members are asked to alert the staff commission liaison when receiving media inquiries.
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F. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meetings 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.
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5. Duties of Administrative Staff
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.
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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 a 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.
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Chapter 6. Commissioner Conduct
1. Members are committed to governing for all, striving to avoid any appearance of impropriety, and running our meetings with civility, decorum, and respect. With that spirit, Members shall:
A. Govern as a body. If we work together well as a team, our City will excel.
B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.
C. Keep confidential matters confidential.
D. Respect process and roles. This includes avoiding interruptions and distractions.
E. Agree to disagree in a respectful manner. We focus on the issue not the person.
F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.
G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.
H. The Chair normally speaks last. After other members of the Commission have offered their opinions, the Chair speaks. The Chair can speak after each round of speaking by Members.
I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.
J. Promote discussion and resolution. We present problems and issues in that way.
K. Follow the agenda. We begin and end meetings on time.
L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.
M. Speak for the City only when specifically authorized (see Chapter 10, Communication, sections regarding “Speaking for the City” and “Speaking as an Individual”).
N. Practice a “no surprises” rule. We give a heads up to the Commission staff liaison, and City Attorney’s Office represenative (if applicable) out of respect and teamwork.
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O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.
P. Adhere to all federal, state, and local laws in the performance of their public duties, including conflict-of-interest laws.
Q. Not engage in discussion with a member of the public during the meeting. 1 R. 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.
S. Meet with the Council liaison to the Commission when requested.
T. Pay close attention 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.
U.When acting in a quasi-judicial capacity: keep an open mind, do not rush to pre- judge any matter, and be fair and neutral towards all concerned parties. This applies to statements that are verbal and written, including those postsed on social media. At the beginning of the hearing, disclose any ex parte communications (oral or written communications from one party outside of the hearing) and describe the nature and substance of the communication.
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 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).
4. Commissioners shall complete ethics training at least once every two years, beginning with calendar year 2025.
5. Enforcement.
A. Where a Commissioner is allegedly not following the rules set forth in this Chapter (“Code of Conduct”), any concerned Council member is encouraged to resolve the 1 Items Q-T are included within the existing Commissioner Conduct chapter and do not overlap with the new conduct. Staff recommends retaining items Q-T for this reason.
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matter on an informal basis through direct conversations, or by referral to the Mayor or Council Liaison to the Commission to privately counsel the subject Commissioner.
B. If the offense(s) continue, or if warranted due to the serious nature of an initial violation, two Council members may file a complaint regarding the conduct of a Commissioner for an alleged violation of the Code of Conduct. The complaint shall be in writing and filed with the City Clerk, with a copy to the City Manager and City Attorney. A copy of the complaint shall be promptly provided to the Council and to the Commissioner. The City Clerk shall place the complaint on the next available City Council agenda for initial consideration. The Commissioner who is the subject of the complaint may include a written response to be included with the agenda packet or may verbally address the complaint at the Council meeting, or both.
C. At the meeting where the complaint is considered, a Council majority (3 votes) shall decide whether to (1) take no action, (2) reprimand the subject Commissioner and require them to promptly take ethics training (in addition to any training required by law), or (3) schedule the matter for a future hearing to consider a formal resolution of censure, revoke seniority, and/or restrict payment of expenses such as for official travel. Alternatively, the Council may direct the City Manager or City Attorney to investigate the matter, or to engage a third party to do so, and bring it back to the Council following completion of the investigation.
D. If a Council majority (3 votes) directs the scheduling of a hearing, it should also appoint one or two Council members to draft a censure resolution to be included with the agenda packet. At the hearing, the Commissioner who is the subject of the complaint shall have the opportunity to rebut the allegations in the report either themselves or through a representative. The formal rules of evidence shall not apply, and the hearing shall be generally informal.
E. At the close of the hearing, a Council majority (3 votes) shall decide whether to (1) take no action, (2) issue a reprimand and require the Commissioner to promptly take ethics training (beyond what is required by law), or (3) adopt a censure resolution, revoke seniority, and/or restrict payment of expenses such as for official travel. Any action taken by the Council is final and is not subject to appeal or reconsideration.
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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 Commission 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.
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F.Adjourned Meetings due to Power Outages
G.F. In the event a quorum of thethat the location of meeting 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 the 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.
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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,, with as many speakers as fit can be accommodated within the time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting.
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.
F.G.Presentation Materials – Videos, slide shows, and other visual materials may be used during public comment or group presentations, provided they do not exceed the allotted speaking time. Any content still in progress when the time expires will be stopped. All presentation materials must be submitted for review – both for technical compatibility and relevance to subject matter or city business – no later than one (1) business day before the meeting.
G.H. 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 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.
H.I. 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
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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)
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 (if not the Appellant) – 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 on whether to continue with an item or take up any unheard items.
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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 comments, or Commissioner comments, questions, and opinions.
The 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 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
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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, except where the Staff Liaison determines that a different order is appropriate under the circumstances.
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.
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G. Reports and Announcements
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. Commissioners should notify the Staff Liaison in advance if they intend to make such a request. 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.
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2. The first response is for the staff liaison to address concerns raised directly outside the meeting regarding the issue.
3. If a majority of the Commission agrees, the item will be agendized at a future meeting.
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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
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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
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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.
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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.
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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 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.
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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.
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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.
E. Quasi-Judicial Capacity: see Chapter 6 (Commissioner Conduct) for rules addressing the use of social media when Commissioners are acting in a quasi- judicial capacity.
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.
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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.
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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-interview 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.
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H. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular 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. The Council may adopt the recommendations as presented or pull the item for further discussion. A majority vote of the 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.
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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
Prior Revisions: January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, April 1, 2024, July 15, 2024, and June 16, 2025.
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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: 8 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 25-10175 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 18, 2025
SUBJECT:
Marina Lagoon Spot Dredging Project — Bid Rejection
RECOMMENDATION:
Adopt a Resolution to reject the sole bid received for the Marina Lagoon Spot Dredging Project and authorize the Public Works Director to negotiate a contract directly with Power Engineering Construction Company.
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 where Borel Creek (19th Avenue Channel) and Leslie Creek (16th Avenue Channel) flow into Marina Lagoon. Dredging near the outfall of Laurel Creek was originally part of the proposed project but was later deferred for the medium- to large-scale project.
On January 4, 2024, the City issued a Request for Proposals for professional design and professional consultant services for the Project. The City awarded the project to Moffatt & Nichol (M&N) on April 1, 2024. M&N subsequently prepared bid documents with an Engineer's Estimate of $1,150,000 for the Project. Due to wet weather work window constraints, staff proceeded to advertise the project prior to receiving final approval by the Dredged Material Management Office (DMMO).
In accordance with Municipal Code Section 3.60.030, a competitive public process was used to obtain bids for the Project.
A Notice Inviting Sealed Bids was issued to advertise the Project on June 3, 2025. On the June 25, 2025 bid opening date, one (1) bid was received from Power Engineering Construction Company with a bid amount of $1,509,500, which exceeded the Engineer’s Estimate by $359,500.
Pursuant to San Mateo Municipal Code Section 3.60.040(a)(4), the City Council, at its discretion, may reject all bids received and authorize the direct negotiation of a contract for the Project if the Project is not within budget, do the work through City employees, or terminate the Project or purchase. Given that bids are greater than the established budget for the Project, staff recommends for City Council to reject all bids and authorize the Director of Public Works to directly negotiate a potential contract with Power Engineering Construction Company under which cost reductions may be achieved. If these direct negotiations are successful, staff will return to Council for approval of a contract at a future date.
If negotiations are not successful, staff will either rebid the Project at a later date or modify the scope.
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BUDGET IMPACT:
There is no budget impact for the rejection of bids. Funding for this work is budgeted in the Wet Weather Preparation Activities (46c006) project. The lowest bid of $1,509,500 exceeds the engineer’s estimate by $359,500, which would exceed the project's available budget. By rejecting all bids, if authorized to do so, staff can potentially negotiate a more favorable contract with the lowest bidder.
ENVIRONMENTAL DETERMINATION:
This Project will be performed pursuant to the terms and conditions of an existing permit with the environmental regulatory agencies for the Marina Lagoon including the San Francisco Bay Regional Water Quality Control Board. On July 7, 2021, the City filed a Notice of Exemption with the Office of Planning and Research and the County Clerk-Recorder for the County of San Mateo (SCH No. 2021070131) for proposed maintenance activities for the Marina Lagoon, effective from 2022 through 2026. These maintenance activities are categorically exempt as existing facilities as they involve negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
STAFF CONTACT
James Yang, Senior Engineer
[email protected]
650-522-7575
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5 CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
REJECTING ALL BIDS FOR THE MARINA LAGOON SPOT DREDGING PROJECT AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO DIRECTLY NEGOTIATE A CONTRACT WITH THE SOLE BIDDER WHEREAS, the Marina Lagoon Spot Dredging Project (Project) includes the targeted dredging of up to 2,000 cubic yards from areas where stream and stormwater runoff from where Borel Creek (19th Avenue Channel) and Leslie Creek (16th Avenue Channel) flow into Marina Lagoon; and WHERAS, work began on the design phase Project in April 2024; and WHEREAS, the City advertised the Project on June 3, 2025 in accordance with San Mateo Municipal Code (SMMC) Chapter 3.60; and
WHEREAS, four contractors attended the mandatory pre-bid walk on June 12, 2025; and WHEREAS, Power Engineering Construction Co. (Power Engineering) submitted the sole bid on June 25, 2025 in the amount of $1,509,500; and
WHEREAS, Power Engineering’s bid is 31 percent above the engineer’s estimate of $1,150,000; and WHEREAS, future market conditions and the associated impacts and/or benefits are uncertain; and WHEREAS, SMMC Section 3.60.040(a)(4) authorizes the City Council to, at its discretion, reject all bids received, negotiate a contract for the work or supplies if the project is not within budget, do the work through City employees, or terminate the project or purchase; and WHEREAS, given the uncertainty of future price escalations, there may be an opportunity to have value engineering discussions with Power Engineering now to identify potential savings; and WHEREAS, staff recommends rejecting all bids and negotiating a contract directly with Power Engineering for the Marina Lagoon Spot Dredging Project in an effort to reduce Project costs and account for the potential future changes in economic conditions; and
WHEREAS, if these negotiations are successful, staff will return to Council for approval of a modified contract with Power Engineering at a future date; but if negotiations are not successful, staff will either rebid the Project at a later date or modify the scope.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. This Project will be performed pursuant to the terms and conditions of an existing permit with the environmental regulatory agencies for the Marina Lagoon including the San Francisco Bay Regional Water Quality Control Board. On July 7, 2021, the City filed a Notice of Exemption with the Office of Planning and Research and the County Clerk-Recorder for the County of San Mateo (SCH No. 2021070131) for proposed maintenance activities for the Marina Lagoon, effective from 2022 through 2026. These maintenance activities are categorically exempt as existing facilities as they involve negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)
2. In accordance with the provisions of San Mateo Municipal Code Section 3.60.040(a)(4), all bids for the Marina Lagoon Spot Dredging Project are rejected.
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5 3. The Director of Public Works is authorized to directly negotiate a contract with Power Engineering Construction Co., who was the sole bidder on the Project.
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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: 9 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-10187 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 18, 2025
SUBJECT:
Gateway Park Pedestrian Bridge Replacement Project — Agreement RECOMMENDATION:
Approve an agreement with E.E. Gilbert Construction, Inc. for the Gateway Park Pedestrian Bridge Replacement Project in the amount of $478,112.67; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.
BACKGROUND:
The Gateway Park Pedestrian Bridge, located in the City’s Gateway Park was constructed in 1990 and is 35 years old.
Gateway Park serves the downtown and North Central communities as it is located at the corner of 2nd Avenue and S.
Grant Street. The pedestrian bridge consists of steel tube trusses, spanning over 75 feet over San Mateo Creek with concrete footings on either end. Preliminary inspections and evaluation of the steel superstructure of the bridge have indicated signs of deterioration and corrosion, further demonstrating that the bridge requires replacement. To address this, City staff developed the Gateway Park Pedestrian Bridge Replacement Project (Project) to replace the bridge structure and address ADA compliance issues at the bridge approaches.
The City entered into an Agreement with Biggs Cardosa Associates, Inc. (BCA) in March 2024 to design the Project and the design was completed in January 2025.
The Project was originally advertised to bid in early 2025. However, due to schedule constraints based on bridge manufacturing times and the project’s California Fish and Wildlife (CDFW) Streambed Alteration Agreement, City Council rejected all bids on April 7, 2025. The City Council also authorized the Public Works Department to initiate a second Notice Inviting Bids.
The Project was re-advertised on June 10, 2025. The Engineer’s estimate was $480,000. On July 08, 2025, the bid opening date, three bids were received. The bids received are listed below in order of increasing bid amount.
Contractor Total Bid Amount
E.E Gilbert Construction, Inc. $478,112.67
Valentine Corporation $518,369.00
GSW Construction, Inc. $532,490.00
Staff reviewed the lowest bid submitted by E.E. Gilbert Construction, Inc., and determined that it is the lowest responsive, responsible bidder. Staff recommends City Council award the agreement to E.E. Gilbert Construction, Inc. In addition, staff recommends a contingency of $100,000 to include a standard 15 percent contingency to cover potential unforeseen site
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conditions and caution that will need to be exercised due to the project’s proximity to a creek and extra funds to investigate the possibility of galvanizing the bridge to extend its life for another 30+ years beyond that of just painting the bridge.
Construction is anticipated to start Spring 2026, and must be completed by October 31, 2026, due to the California Department of Fish and Wildlife in-water work period restrictions.
BUDGET IMPACT:
Sufficient funds are available in the Gateway Park Pedestrian Bridge Replacement (46F024) project to award this agreement and the contingency reserve.
ENVIRONMENTAL DETERMINATION:
This project is categorically exempt from CEQA review, because it consists of the replacement or reconstruction where the new bridge will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (CEQA Guidelines Section 15302.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement
STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
Karen Cornejo, Assistant Engineer
[email protected]
(650) 522-7576
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Construction Contract Page 1 of 9
Rev 1/24
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2 AGREEMENT WITH E.E. GILBERT CONSTRUCTION, INC.,
FOR PUBLIC IMPROVEMENT
FOR
GATEWAY PARK PEDESTRIAN BRIDGE REPLACEMENT
CITY PROJECT NO. 46F024
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and E.E. GILBERT CONSTRUCTION, INC., a corporation, with offices at 155 Howe Road, Martinez CA 94553 (hereinafter called "Contractor"), entered into this day of ___________________.
RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.
IT IS AGREED, as follows:
1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:
GATEWAY PARK PEDESTRIAN BRIDGE REPLACEMENT
CITY PROJECT NO. 46F024
2. Contract Price. City shall pay, and the Contractor shall accept, the sum of four hundred seventy- eight thousand, one hundred twelve dollars and sixty-seven cents ($478,112.67) in full payment for the work set forth above.
Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Bids; the Accepted Bid Proposal; the Contract Book which includes the Special Provisions, Revised Standard Specifications dated April 15, 2022, and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).
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2 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.
All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book.
4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.
5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work.
Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.
7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of
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2 Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.
Contractor agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations.
In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this Agreement.
10. Indemnity. Contractor agrees to hold harmless and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Contractor’s performance of this Agreement, except for those claims arising out of City’s active negligence, sole negligence or willful misconduct. Contractor agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The Contractor’s duty to indemnify shall survive expiration or early termination of this Agreement.
11. Attorney Fees. Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation
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2 process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.
15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.
16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.
17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.
18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.
19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.
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2 20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided:
1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.
21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]
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2 IN WITNESS WHEREOF, CITY OF SAN MATEO and E.E. Gilbert Construction, Inc. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Dustin Creson
Its Authorized Agent
President
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
City of San Mateo
Attachments:
Exhibit A: Insurance Requirements
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2 Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5.Surety Bonds as described below.
6.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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2 1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.
Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement
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2 that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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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: 10 Section Name: CONSENT CALENDAR Account Number: 26-4662 File ID: 25-9963 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 18, 2025
SUBJECT:
On-Call Public Works Plan Review Services — Amendment
RECOMMENDATION:
Approve Amendment No. 2 to the professional consultant services agreement with CSG Consultants, Inc. for private development and right-of-way support services to increase the agreement amount by $200,000 for a revised total, not-to- exceed amount of $600,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.
BACKGROUND:
On November 6, 2023, the City Council approved an agreement with CSG Consultants, Inc. (CSG) for on-call Public Works plan review services for $400,000 for two years to address a significant increase in the number of planning applications and permits requiring Public Works staff review.
The volume of planning applications and building permits submitted to the City has increased in recent years necessitating the use of outside consulting services over the past five years to meet the Permit Streamlining Act statutory time limits for application reviews. With the recent adoption of Strive San Mateo General Plan 2040, the Housing Element and approval of Measure T, an influx of large redevelopment projects is anticipated, further increasing the demand for timely Public Works review services.
City Council approved two optional one-year extensions to the original agreement which was set to expire on June 30, 2025. Staff extended the CSG agreement by one year through Amendment No. 1. The current CSG agreement will expire on June 30, 2026. Costs associated with staff time and consultant services required to review and process applications and permits are paid with funds collected through planning application deposits and building permit fees. As such, all costs associated with CSG’s review of the applications are fully cost-recovered by the City. To ensure the City is providing cost- effective services for residents and developers, staff reviews CSG’s hourly charges to project accounts to verify plan reviews are completed efficiently. Based on the historic level of effort and expenditures to date, the increase of $200,000 to the contract amount is estimated to be sufficient to support the CSG staff to the end of the current agreement term on June 30, 2026.
Based on the above, staff recommends approval of Amendment No. 2 (see Attachment 1) with CSG increasing the agreement amount by $200,000 for a total not to exceed amount of $600,000 in order to meet the City’s immediate level of service requirements for planning applications, building permits, and encroachment permits.
BUDGET IMPACT:
The support services provided through this agreement will be funded by deposits collected from private development
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applications and permitting fees.
ENVIRONMENTAL DETERMINATION:
Approval of Amendment No. 2 is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an amendment for plan review services 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
Jason Hallare, Senior Engineer
[email protected]
650-522-7316
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6 AMENDMENT NO. 2 TO THE AGREEMENT
WITH CSG CONSULTANTS, INC. FOR
PROFESSIONAL CONSULTANT SERVICES FOR
ON-CALL PUBLIC WORKS REVIEW SUPPORT SERVICES
($400,000 [Original Amount], $0 [Amendment No. 1], $200,000 [Amendment No. 2]) This Amendment is entered into this day of _____________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and CSG CONSULTANTS, INC., a corporation ("CONSULTANT").
WHEREAS, CITY and CONSULTANT entered into an Agreement for professional consultant services (“Agreement”) on November 17, 2023; and
WHEREAS, on May 27, 2025 Amendment No. 1 was executed, which extended the term of this Agreement to June 30, 2026; and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to increase the not-to-exceed amount by $200,000 for a new total Agreement amount of $600,000.
NOW, THEREFORE, the Parties agree as follows:
1. Section 5, “Payment”, of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of 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 in an amount not to exceed $600,000.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”
2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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6 IN WITNESS WHEREOF, CITY OF SAN MATEO and CSG CONSULTANTS, INC. have executed this Amendment No. 2 on _______________.
CITY OF SAN MATEO CONSULTANT
Matthew Fabry
Director of Public Works
Date Cyrus Kianpour
President
Date
If a Corporation, can be either 1) President or
2) Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall
sign below.
APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Nourdin Khayata
Secretary
Date
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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: 11 Section Name: CONSENT CALENDAR Account Number: 72-4675 File ID: 25-10227 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 18, 2025
SUBJECT:
Los Prados, Kehoe Kelly & Arroyo Lift Stations Rehabilitation Project — Agreement RECOMMENDATION:
Award an agreement to JMB Construction, Inc. for the Los Prados, Kehoe Kelly & Arroyo Lift Station Rehabilitation Project in an amount not to exceed $14,658,091.00; establish a contingency in the amount of $2,750,000.00; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
BACKGROUND:
The Clean Water Program (CWP) is improving the City of San Mateo’s sanitary sewer system to prevent sanitary sewer unauthorized discharge of sewage. In 2016, a Sewer Pump Station and Force Main Condition Assessment (Assessment) was completed by AECOM, building on a previous pump station capacity study to improve the City’s lift stations’ reliability.
The Assessment proposed the East San Mateo Lift Stations Rehabilitation Project (Project) which addressed multiple lift stations, including the five highest priority lift stations from the Assessment: Kehoe Kelly, Laurie Meadows, and Los Prados Nos. 1, 2, and 3. This phase is titled Los Prados, Kehoe Kelly & Arroyo Lift Stations Rehabilitation Project to reflect specific lift stations that are included.
On February 24, 2017, City Council awarded design of this project to Schaaf & Wheeler. During the design phase, the Project was split into two packages for efficient delivery. Package 1 included Laurie Meadows and Woodbridge (Package 1), and Package 2 includes rehabilitation of the Los Prados area and Kehoe Kelly lift stations (Package 2).
Package 1 included the abandonment of the Laurie Meadows lift station, the upgrade of the Woodbridge lift station, and the associated modifications to the surrounding sewers to redirect sewer flows. The construction contract was awarded to JMB Construction in 2019, and Package 1 was completed in 2020.
Package 2 originally included the rehabilitation of the Los Prados area lift stations and the Kehoe Kelly lift station. In 2021, staff determined that the condition of the Arroyo lift station necessitated that it should be added to Package 2.
Package 2 includes the Los Prados No. 1 lift station replacement and force main extension, the elimination of Los Prados No. 2 lift station, sewer main improvements between Los Prados No. 1 and No. 2 lift stations, Kehoe Kelly lift station replacement and force main extension, and the Arroyo lift station rehabilitation, along with associated modifications to the surrounding sewers at each lift station.
The Arroyo lift station is located along Arroyo Court, West of El Camino Real. Kehoe Kelly lift station is located adjacent to Joinville Park on Kehoe Avenue, at the intersection of Kehoe Avenue and Kelly Street. Los Prados No. 1 lift station is located in the intersection of Los Prados Street, South Norfolk Street, and La Selva Street. Los Prados No. 2 lift station is
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located on Los Prados Street, between El Parque Court and Bahia Street.
Package 2 was advertised for construction on May 2, 2025. Package 2’s mandatory pre-bid meeting and site visit was held on May 27, 2025. The engineer’s estimate was $12,400,000.00. Four (4) bids were received and opened on June 18, 2025.
A&B Construction submitted the apparent lowest bid to construct Package 2 for a total price of $13,510,172.00; however, the bid submitted by A&B Construction was found to be non-responsive. Upon careful review of the bid package and consultation with A&B, the project team, including the design consultant, determined that their bid did not adequately address the challenging site conditions. Subsequent review of the remaining bids showed that the next lowest bidder with a complete responsive bid package was JMB Construction, Inc. with a total price of $14,658,091.00 to construct Package 2.
Based on the price and the completeness of the bid, staff recommends for JMB Construction to be awarded the agreement as the lowest responsive and responsible bidder. The bids received are listed below in order of increasing bid amount.
Contractor: Bid Amount:
A&B Construction $13,510,172.00
JMB Construction $14,658,091.00
NTK Construction $18,336,395.00
Mountain Cascade $18,700,000.00
There is moderate likelihood that unforeseen issues will arise during construction due to difficult site conditions.
Accordingly, staff also recommends establishing a contingency reserve in the amount of $2,750,000.00 to address any unanticipated items that may arise during construction.
BUDGET IMPACT:
Sufficient funding for this agreement and contingency is available in the East San Mateo Lift Station Rehabilitation Project (469988).
ENVIRONMENTAL DETERMINATION:
The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement
Att 2 – Bid Summary
STAFF CONTACT
Laura Webb, Senior Engineer
[email protected]
(650) 522-7322
Thomas Williams, Engineering Manager
[email protected]
(650) 522-7307
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1 AGREEMENT WITH JMB CONSTRUCTION, INC.
FOR PUBLIC IMPROVEMENT
FOR
LOS PRADOS, KEHOE KELLY & ARROYO LIFT STATION REHABILITATION PROJECT CITY PROJECT NO. 469988
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and JMB CONSTRUCTION, INC., a corporation, with offices at 132 South Maple Avenue, South San Francisco, CA 94080 (hereinafter called "Contractor"), entered into this day of _______________.
RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.
IT IS AGREED, as follows:
1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:
LOS PRADOS, KEHOE KELLY, AND ARROYO LIFT STATIONS REHABILITATION PROJECT CITY PROJECT NO. 469988
2. Contract Price. City shall pay, and the Contractor shall accept, the sum of $14,658,091.00 in full payment for the work set forth above.
Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Number 1 issued to the Contract Book, the APWA-AGC Standard Specifications for Public Works Construction, 2015 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).
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1 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.
All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail.
The precedence of the remaining contract documents will be as specified in the Contract Book.
4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.
5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work.
Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.
7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the
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1 prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.
Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.
Contractor agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations.
In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this agreement.
10. Indemnity. Contractor agrees to hold harmless and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Contractor’s performance of this Agreement, except for those claims arising out of City’s active negligence, sole negligence or willful misconduct. Contractor agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The Contractor’s duty to indemnify shall survive expiration or early termination of this Agreement.
11. Attorney Fees. Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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1 13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.
15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.
16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.
17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.
18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.
19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.
20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.
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1 21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]
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1 IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and JMB CONSTRUCTION, INC. has been duly executed by the parties hereinabove named, as of the day and year first above written.
CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Director of Public Works
Date
Its Authorized Agent
If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shall sign
below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Date
Attachments:
Exhibit A: Insurance Requirements
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1 Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5.Surety Bonds as described below.
6.Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions
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1 The insurance policies are to contain, or be endorsed to contain, the following provisions:
1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.
Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire
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1 from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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ITEM EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST 1 Mobilization & Demobilization 1 LS $600,000.00 $600,000.00 $670,000.00 $670,000.00 $700,000.00 $700,000.00 $2,083,000.00 $2,083,000.00 $622,525.00 $622,525.00 2 Temporary Erosion and Sediment Control 1 LS $50,000.00 $50,000.00 $250,000.18 $250,000.18 $95,000.00 $95,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 3 Pedestrian and Traffic Control 1 LS $540,000.00 $540,000.00 $1,400,000.00 $1,400,000.00 $850,000.00 $850,000.00 $1,000,000.00 $1,000,000.00 $1,500,000.00 $1,500,000.00 4 Sheeting, Shoring, and Bracing 1 LS $900,000.00 $900,000.00 $650,000.00 $650,000.00 $700,000.00 $700,000.00 $1,000,000.00 $1,000,000.00 $800,000.00 $800,000.00 5 Bypass Pumping 1 LS $300,000.00 $300,000.00 $130,926.57 $130,926.57 $400,000.00 $400,000.00 $600,000.00 $600,000.00 $500,000.00 $500,000.00 $2,390,000.00 $3,100,926.75 $2,745,000.00 $4,783,000.00 $3,522,525.00 6 Abandon Los Prados No. 1 Wet Well & Dry Well 1 LS $50,000.00 $50,000.00 $45,453.69 $45,453.69 $63,000.00 $63,000.00 $75,000.00 $75,000.00 $80,000.00 $80,000.00 7 Abandon Los Prados No. 2 Lift Station & Site Restoration 1 LS $70,000.00 $70,000.00 $45,453.69 $45,453.69 $73,000.00 $73,000.00 $75,000.00 $75,000.00 $15,000.00 $15,000.00 8 Remove Electrical Equipment 1 LS $10,000.00 $10,000.00 $13,234.88 $13,234.88 $12,000.00 $12,000.00 $2,000.00 $2,000.00 $14,000.00 $14,000.00 9 Remove and Replace Water Service & Hose Bib 1 LS $15,000.00 $15,000.00 $48,270.91 $48,270.91 $50,000.00 $50,000.00 $60,000.00 $60,000.00 $3,000.00 $3,000.00 10 Abandon Sanitary Gravity Main 1,497 LF $50.00 $74,850.00 $55.50 $83,083.50 $40.00 $59,880.00 $12.00 $17,964.00 $20.00 $29,940.00 11 Abandon Sanitary Force Main 510 LF $50.00 $25,500.00 $58.44 $29,804.40 $30.00 $15,300.00 $12.00 $6,120.00 $28.00 $14,280.00 12 Remove/Abandon Sanitary Manhole 4 EA $5,000.00 $20,000.00 $12,819.47 $51,277.88 $9,500.00 $38,000.00 $2,000.00 $8,000.00 $11,000.00 $44,000.00 13 Abandon 12" Storm Drain 35 LF $50.00 $1,750.00 $335.27 $11,734.45 $185.00 $6,475.00 $12.00 $420.00 $150.00 $5,250.00 14 Remove Storm Drain Inlets, Manhole & 27" Pipe 1 LS $12,000.00 $12,000.00 $19,437.88 $19,437.88 $10,000.00 $10,000.00 $6,000.00 $6,000.00 $25,000.00 $25,000.00 15 Remove (E) Storm Drain Underdrain 206 LF $40.00 $8,240.00 $132.24 $27,241.44 $85.00 $17,510.00 $50.00 $10,300.00 $60.00 $12,360.00 16 Site Clearing, Grubbing, and Grading 1 LS $50,000.00 $50,000.00 $191,854.32 $191,854.32 $90,000.00 $90,000.00 $50,000.00 $50,000.00 $20,000.00 $20,000.00 17 Flow Meter Manhole 1 LS $35,000.00 $35,000.00 $52,238.38 $52,238.38 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $22,000.00 $22,000.00 18 Precast Concrete Valve Vault 1 LS $65,000.00 $65,000.00 $125,809.39 $125,809.39 $102,000.00 $102,000.00 $160,000.00 $160,000.00 $110,000.00 $110,000.00 19 Precast Concrete Wet Well 1 LS $200,000.00 $200,000.00 $277,137.69 $277,137.69 $350,000.00 $350,000.00 $450,000.00 $450,000.00 $800,000.00 $800,000.00 20 Electrical Service & Service Pedestal 1 LS $40,000.00 $40,000.00 $27,717.67 $27,717.67 $39,000.00 $39,000.00 $25,000.00 $25,000.00 $500,000.00 $500,000.00 21 Control Panel 1 LS $200,000.00 $200,000.00 $358,239.17 $358,239.17 $500,000.00 $500,000.00 $450,000.00 $450,000.00 $55,000.00 $55,000.00 22 Pump Termination Cabinet 1 LS $35,000.00 $35,000.00 $28,525.30 $28,525.30 $38,000.00 $38,000.00 $20,000.00 $20,000.00 $45,000.00 $45,000.00 23 Generator 1 LS $160,000.00 $160,000.00 $188,397.29 $188,397.29 $250,000.00 $250,000.00 $240,000.00 $240,000.00 $230,000.00 $230,000.00 24 SCADA Pole & Antenna 1 LS $15,000.00 $15,000.00 $44,703.99 $44,703.99 $19,000.00 $19,000.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 25 Misc. Electrical Work 1 LS $150,000.00 $150,000.00 $194,854.68 $194,854.68 $190,000.00 $190,000.00 $220,000.00 $220,000.00 $220,000.00 $220,000.00 26 Fence and Gate 1 LS $7,000.00 $7,000.00 $39,674.72 $39,674.72 $160,000.00 $160,000.00 $40,000.00 $40,000.00 $30,000.00 $30,000.00 27 Install (N) Sanitary Manhole 6 EA $20,000.00 $120,000.00 $27,970.68 $167,824.08 $47,000.00 $282,000.00 $18,000.00 $108,000.00 $30,000.00 $180,000.00 28 Remove and Replace Sanitary Manhole 1 EA $20,000.00 $20,000.00 $46,154.92 $46,154.92 $36,000.00 $36,000.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 29 (E) Manhole - Reform Invert 2 EA $2,500.00 $5,000.00 $7,273.70 $14,547.40 $13,000.00 $26,000.00 $13,000.00 $26,000.00 $3,000.00 $6,000.00 30 Pump, Guide Rails and Accessories 2 EA $70,000.00 $140,000.00 $113,030.61 $226,061.22 $115,000.00 $230,000.00 $100,000.00 $200,000.00 $155,000.00 $310,000.00 31 Submersible Mixer 1 EA $40,000.00 $40,000.00 $27,396.63 $27,396.63 $28,000.00 $28,000.00 $26,000.00 $26,000.00 $55,000.00 $55,000.00 32 Discharge Piping, Valves, Bypass Connection, & Fittings 1 LS $90,000.00 $90,000.00 $159,995.72 $159,995.72 $125,000.00 $125,000.00 $160,000.00 $160,000.00 $166,500.00 $166,500.00 33 Storm Drain Inlet & 27-Inch Piping 1 LS $20,000.00 $20,000.00 $34,649.26 $34,649.26 $38,000.00 $38,000.00 $36,000.00 $36,000.00 $50,000.00 $50,000.00 34 8-inch PVC Gravity Main 231 LF $600.00 $138,600.00 $267.14 $61,709.34 $707.00 $163,317.00 $830.00 $191,730.00 $1,000.00 $231,000.00 35 10-inch PVC Gravity Main 27 LF $850.00 $22,950.00 $730.01 $19,710.27 $750.00 $20,250.00 $840.00 $22,680.00 $1,100.00 $29,700.00 36 12-inch PVC Gravity Main 1,277 LF $1,350.00 $1,723,950.00 $354.43 $452,607.11 $917.00 $1,171,009.00 $1,300.00 $1,660,100.00 $1,335.00 $1,704,795.00 37 Lateral Extension and Connection 6 EA $3,000.00 $18,000.00 $14,878.02 $89,268.12 $7,800.00 $46,800.00 $5,000.00 $30,000.00 $6,000.00 $36,000.00 38 Lateral Reconnection 7 EA $1,200.00 $8,400.00 $15,719.12 $110,033.84 $1,800.00 $12,600.00 $515.00 $3,605.00 $5,000.00 $35,000.00 BIDDER 4
Mountain Cascade
BIDDER #4
Los Prados Pump Stations
Total
Los Prados, Kehoe Kelly, and Arroyo Lift Station Rehabilitation Project, City Project. No. 469988
BID SUMMARY
BIDDER 3
NTK Construction, Inc.
BIDDER #3
BID OPENING: 6/18/2025 Council Award: 08/18/2025 BIDDER 2
JMB Construction, Inc.
BIDDER #2
BIDDER 1
CITY PROJECT NO. 469988
BIDDER #1
DESCRIPTION OF WORK
A&B Construction, Inc.
ENGINEER'S ESTIMATE