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HomeMy WebLinkAboutAgenda Packet - LB - 2021.08.17CITY v 0 ticow � � rPORATED Tuesday, August 17, 2021 City of Burlingame Meeting Agenda - Final Library Board of Trustees 5:30 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 On March 17, 2020, the Governor issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct meetings telephonically or by other means. Pursuant to the Governor's Executive Order N-29-20, the Library Conference Room will not be open to the public for the August 17, 2021 Library Board of Trustees Meeting. Members of the public may view the meeting by logging into the Zoom listed below. Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments should include the specific agenda item on which you are commenting or that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words. To ensure that your comment is received and read to the Library Board of Trustees for the appropriate agenda item, please submit your email no later than 5:00 p.m. on August 17, 2021. The City will make every effort to read emails received after that time, but cannot guarantee such emails will be read into the record. Any emails received after the 5:00 p.m. deadline which are not read into the record, will be provided to the Library Board of Trustees after the meeting. 1. CALL TO ORDER - 5:30 p.m. - Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 874 9315 5967 Passcode:102487 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 874 9315 5967 Passcode:102487 2. ROLL CALL Online City of Burlingame Page 1 Printed on 811312021 Library Board of Trustees Meeting Agenda - Final August 17, 2021 3. PUBLIC COMMENTS Members of the public may speak about any item not on the agenda. Members of the public may suggest an item for a future Library Board of Trustees' agenda during the public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits Trustees from acting on any matter that is not on the agenda. 4. APPROVAL OF MINUTES a. Approval of Meeting Minutes for the July 20, 2021 Library Board of Trustees Meeting Attachments: Meeting Minutes 5. CORRESPONDENCE AND INFORMATION a. July 2021 Statistics Attachments: Children's and Teens Monthly Statistics Adult Services Statistics 6. REPORTS a. City Librarian's Report b. Foundation Report 7. OLD BUSINESS a. Rotation of Officers from August 17, 2021 to August 2022 b. Main and Easton Library Update C. Monthly Topics Attachments: Report 8. NEW BUSINESS a. Commissioner's Handbook Attachments: Handbook 9. ANNOUNCEMENTS 10. ADJOURNMENT City of Burlingame Page 2 Printed on 811312021 Library Board of Trustees Meeting Agenda - Final August 17, 2021 Any writings or documents provided to a majority of the Library Board of Trustees will be made available for public inspection at the City of Burlingame's website: www.burlingame.org. City of Burlingame Page 3 Printed on 811312021 Burlingame Library Board of Trustees July 20, 2021 Minutes I. Roll Call Trustees Present: Kris Cannon, Kristin Capkin, Danielle Garcia, Mike Nagler Trustee Absent: Elisabeth Ostrow Staff Present: Brad McCulley, City Librarian Sidney Poland, Recorder Former Trustee: Randi Murray II. Library Board of Trustees Minutes The Trustees unanimously approved the minutes of the May 18, 2021 Trustee Meeting. M/S/C (Capkin/Nagler) The June Trustee Meeting was postponed due to lack of a quorum. III. Trustee Murray/Trustee Cannon • The Trustees thanked Randi Murray for her 6 years of service as a Trustee and especially acknowledged her efforts to oversee the Library's investment managed by the Silicon Valley Community Foundation. The Trustees also noted that Randi Murray and Trustee Nagler initiated the idea of a Speaker's Series as a fund raiser sponsored by the Library Foundation. Randi has recently joined the Foundation Board, • The Trustees welcomed Kris Cannon as the new Trustee. Kris previously served as a Trustee from 1986 to 1998. Kris spearheaded the community campaign to keep Easton open in 2004. IV. Correspondence and Information A. Statistics • In May there were 24 Children and Teen programs with an attendance of 762. In June 27 programs were held with an attendance of 862, • Children's department is planning an outdoor yoga program in September. • Adult Services held 17 programs with an attendance of 80 in May and 18 programs in June with an attendance of 98. • Tutor.com has been discontinued due to low usage. B. State Library and Governor's Budget Governor' Newsom 2021-2022 State budget bill, AB 128 provides over $500 million for public libraries infrastructure, broadband Connectivity and funding for many popular library programs. • Infrastructure grants in the amount of $439 million which will be allocated at $10 million maximum per library. Local jurisdictions will be required to match amount requested dollar - for -dollar. This requirement will be waived if a library has a financial hardship issue. Priority will be given to libraries in high poverty areas and where infrastructure is a safety issue. • The Library could possibly benefit from this opportunity to secure an infrastructure grant to purchase a new chiller/boiler and possibly an elevator. • The Trustees suggested that it might be possible to apply for a grant to obtain HVAC for the Easton library. V. Reports A. City Librarian's Report • Hourly Budget The hourly budget for the next fiscal year July 1, 2021 to June 30, 2022 has been cut by more than 50%which means that hourly staff will have fewer hours and full time staff will have to increase their desk shift hours. • Ca1PERS Policy In past years, the library has been able to rehire retired librarians and non -librarian staff to help supplement staffing when necessary. Currently Ca1PERS retirees can only accept a "retired annuitant position". Ca1PERS is emphasizing hiring new employees that will be paying into Ca1PERS • New Library Hours Beginning August 16th library hours will be 10:00-6:00 Monday through Friday and 12-4 Saturday. Opening earlier will give seniors the opportunity to have the library to themselves before the students arrive and the noise level increases. Easton hours will remain the same Tuesday, Wednesday, Thursday and Saturday 2:00-6:00. Currently Easton is not able to open more hours due to personnel issues. B. Foundation The Foundation will hold a book sale in October featuring Children's books only. The November sale will feature Fiction, Biography, Science etc. VI. From the Floor No one from the public attended. VII. Old Business A. Silicon Valley Community Foundation • The Trustees determined that after a through review of the Duncan Trust from the initiation of the Trust to its current status the library's best interest would be to keep the Roger and Jean Hunt Duncan Fund with the Silicon Valley Community Foundation. • Trustee Capkin will oversee the portfolio by checking reports and keeping in contact with the specific representative from the Foundation who manages the library's investments and report to her findings to the Trustees on a quarterly basis. VII. New Business A. Funding for Copy Machine at Easton The Trustees approved the request of the City Librarian, Brad McCulley, to provide funding in the amount of $500.00 for a copy machine at Easton. M/S/C (Cannon/Capkin) B. Children's Room Mural The Trustees discussed the possibility of updating the mural in the Children's Room to add figures that would represent world literature and depict racial equality. This will be future project for the Library Foundation. C. Discussion of Possible Financial Support to Hourly Budget Brad reviewed the effects of the cuts to the hourly budget with the Trustees and asked the Trustees to think about if in the future they would consider augmenting the hourly staff budget as a one time expense to help the library provide the necessary hourly staffing to finish out the year. Brad noted that this request does not require an immediate answer and may not even be necessary. D. Racial Equity Update Racial Equity is still a priority. In fact most libraries in the United States are working on the issue of racial equality within library staffs. Our library equity team is reviewing our equity policy and will bring it to the Board of Trustees for review upon completion. E. Cooling Center Plan Lisa Goldman has approved the Burlingame Library's Cooling Center Plan and will advise library staff when the Cooling Center will open to the public. F. Rotation of Officers The Trustees agreed to table this item and place it on the August agenda. VIII. Adjournment The meeting was adjourned at 7:00 in honor of Ruth Nagler who died on July 12, 2021 at the age of 99. Ruth served all of San Mateo County residents as a forceful leader on the San Mateo City Library Board, School Board, League of Women Voters, San Mateo Community College, and many other organizations. Ruth is the mother of Burlingame Library Trustee, Mike Nagler. Ruth was admired as a mentor, activist, and friend, and will be greatly missed. The next meeting of the Library Board of Trustees will be held on August 17, 2021. M/S/C (Cannon/Capkin) __ _ Commented [PSI]: Respectfully Submitted Brad McCulley City Librarian Burlingame Public Library Children's and Teen Monthly Statistics Jul-21 Children's Desk Reference Questions 905 Easton Branch Reference Questions 135 Programs Attendance Cost STORYTI M ES Live Storytime with Miss Jenny Virtual 4 50 Miss Jenny Storytime IGTV views 4 269 Miss Jenny Storytime YouTube views 4 19 Miss Jennifer Zoom Storytime 4 72 Miss Kelly Storytime IGTV views 4 169 Miss Kelly Storytime YouTube views 4 117 TOTAL STORYTIMES 24 696 CLASS VISITS Preschool Class Visits at Schools Preschool Class Visits at Library Virtual Elementary School Class Visits on Zoom Elementary School Class Visits at Library Middle School Class Visits at Schools Middle School Class Visits at Library TOTAL CLASS VISITS 0 0 SPECIAL PROGRAMS FOR CHILDREN Tween Food and Fiction 7/21/21 1 9 Baby Sign Language 1 39 Music Together 1 16 Family Fun Nights (Recorded) 4 181 TOTAL SPECIAL PROGRAMS FOR CHILDREN 7 245 $0 SPECIAL PROGRAMS FOR TEENS Teen Mediterranean Cooking Class 7/13/21 1 16 First Look Book Group 1 5 TOTAL SPECIAL PROGRAMS FOR TEENS 2 21 $0 TOTAL CHILDREN'S & TEEN PROGRAMS 33 962 $0 Book Bundles Assembled (# of bundles & books) Adult Services Stats July 2021 Program Date # Programs Attendance Sit N Stitch Tuesdays 4 8 English Learners Group Wednesdays & Thursdays 8 24 Booked on Crime Mystery Book Club 7/15 1 4 Plant cuttings exchange (front porch) 7/17 1 54 Sterling Court Outreach 7/21 1 16 Total 15 106 Kanopy Month Plays Cost per play Kanopy Kids and K Series (Great Books) Monthly Invoice $5/month for unlimited plays July 300 $2 1 KIDS and $713 2021 10 Great Courses 311 total plays Pronunciator (Language Learning) New registrations Sessions Top 3 languages 2 9 English, Italian, Spanish Tutor.com Discontinued Monthly Focus Topics for Board of Trustees WHEN WHAT WHO September Equity Diversity Inclusion Equity Team October Adult Svcs Update Tommy McMahon November December Teen Services Update Jenny Miner January Circulation Update Geralyn O'Brien February SVCF Investment Update SVCF March Children's Svcs Update Kathy Von Mayrhauser April Technical Services Update Megan Wong May Library Budget City Librarian June Facilities/Furniture City Librarian / Johnson Woo — Facilities Manager July Goals/Priorities City Librarian August Professional Development Update Professional Dev Committee NEW COMMISSIONERS HANDBOOK J U N E 2019 Message from the City Council Thank you for volunteering to serve on a City of Burlingame commission or board. The City Council relies on commissions and boards for input and guidance and recognizes and appreciates the time and effort you will give the City. The Burlingame City Council encourages, promotes and welcomes the participation of citizens in the decision -making process. In difficult economic times, it is particularly important for the Council to have citizen input regarding its priorities and the tough decisions that have to be made at the local government level. The City of Burlingame has five standing citizens' boards and commissions that provide public input into Burlingame's government. Your appointment to a board or commission is an honor that signifies the City Council's confidence in your wisdom and judgment. It demonstrates the Council's desire to have the benefit of your guidance during the decision -making process. Your advice will be sought and welcomed by the department administrator of the program with which you are affiliated. As a citizen advisor, you should be aware that the decisions the City Council makes, even after receiving and evaluating recommendations from boards and commissions, are not always easy. Not all of the recommendations made by boards and commissions will be accepted. However, the Council's rejection of advice in a given situation does not imply lack of confidence or disinterest in the advisory board's input. The advice is something Councilmembers must weigh against other information and considerations as they reach the decisions for which they are responsible. The Council has the ultimate political and legal responsibility for the conduct of local government and the welfare of the entire community. Yours is an important role in assisting the City Council to fulfill its obligations to our citizens. The Burlingame City Council, whom you represent, thanks you for the energy, enthusiasm and expertise you bring to city government. Burlingame City Council Emily Beach, Vice Mayor (415) 377-8125 (cell) ebeach@burlingame.org Michael Brownrigg, Councilmember (415) 987-3230 (cell) mbrownrigg@burlingame.org Donna Colson, Mayor (650) 678-0952 (cell) dcolson@burlingame.org Ann Keighran, Councilmember (650) 340-9399 (home) aikeighran@burlingame.org Ricardo Ortiz, Councilmember (650) 678-4432 (cell) rortiz@burlingame.org This page intentionally left blank. Table of Contents Message from Council City Government City Council City Administration City of Burlingame Organization Chart Important City Documents City Commissions and Boards Overview of City Commissions and Boards Table of Commissions and Boards Roles and Relationships with Others in City Government Responsibilities Representing the Commission Compensation Code of Ethics Commission and Board Procedures Commission Appointment Process Applying for a Commission or Board Resigning from a Commission or Board Types of Commission Meetings Commission Operating Procedures Conflict Management Conflicts of Interest The Ralph M Brown Act Appendix -History of Burlingame 3 1 5 5 6 9 10 12 12 13 14 16 18 18 19 20 20 22 23 23 24 29 30 32 33 This page intentionally left blank. City Government The City of Burlingame was incorporated in 1908. As a General Law city, Burlingame is subject to the general laws of the State of California. The State Government code is the fundamental law of the City, specifying the powers and the form of government that will put these powers into service. This is different from a Charter City, which has more control over local municipal affairs. Charter provisions covering municipal affairs prevail over the State laws when the two are in conflict. Burlingame's form of government is "Council -Manager." The City Council enacts policy and provides the political leadership, while the City Manager directs City departments in carrying out that policy. Under the City Council -Manager form of government, a City Manager is appointed by the Council to implement policy and coordinate day-to-day City operations. The City Manager is directly responsible to the Council for the management of City departments. Department Heads, in turn, are directly responsible to the City Manager for the management of their departments. The City Council, however, is ultimately accountable to the citizens for the management of City services. The City Council is responsible for setting policy and for the overall direction of City operations. City Council The City Council is the City's governing body. It provides political leadership, enacts laws, adopts resolutions, and establishes policies for the City government. The City Council adopts an annual budget and conducts an annual audit of the City's finances. The residents of Burlingame elect five Councilmembers at large. They serve four-year staggered terms so there are always veteran Councilmembers to give new members the benefit of experience. City elections are held in November of each odd -numbered year through 2019. As a result of changes in State law, subsequent elections will be held in even -numbered years. The office is non -partisan, and Councilmembers serve part-time. The City Council chooses one of its members to serve as Mayor for one year. The Mayor presides at all meetings, is the official head of the City for ceremonial purposes, and signs contracts, agreements, ordinances, and resolutions. The Mayor does not have veto power over any legislation. The City Council meets on the first and third Monday of each month in the Council Chambers on the first floor of City Hall, unless there is a Monday holiday. The Council also holds special meetings and study sessions as necessary. All regular and special meetings are open to the public. A majority of the members constitutes a quorum, which is required for enactment of any ordinance or resolution. 5 City Council agendas and minutes of the meetings are posted on the City of Burlingame's website for citizens to review. Council meetings are both streamed live and stored for later viewing on the City's website and broadcast live on cable television. City Administration Burlingame has a reputation as a well -managed city with a focus on providing superior service to the community. The City's ten departments and the Central County Fire Department all deliver high -quality services that enhance the quality of life for citizens. The following includes a summary of each department's responsibilities and contact information for the Department Head. Office of the City Manager Lisa Goldman, City Manager, 650-558-7204, Igoldman@burlingame.org The City Manager coordinates all City activities on behalf of the City Council and is responsible for bringing those matters before the Council that require its deliberation. In the day-to-day operation of City government, Department Heads work under the direction of the City Manager in carrying out the policies of the City Council. The City Manager has the authority to hire and dismiss Department Heads, except for the City Attorney. The City Manager's office is also responsible for the overall coordination of City activities and the implementation of Council policy on a City-wide basis. As part of this effort, emphasis is focused on cost-effective delivery of services, a sound and balanced budget, and economic development to enhance the City's financial base. Office of the City Attorney Kathleen Kane, City Attorney, 650-558-7204, kkane@burlingame.org The City Attorney, who is appointed by the City Council, provides ongoing legal advice to the Mayor, City Council, boards, commissions, and City staff. The City Attorney manages all City litigation and handles all claims filed against the City. The City Attorney examines all ordinances, resolutions, agreements, and contracts and coordinates enforcement of the municipal code with various City departments. Office of the City Clerk Meaghan Hassel -Shearer, City Clerk, 650-558-7203, mhasselshearer@burlingame.org The City Clerk is an appointed —not elected —position. This change took place at the end of 2013. The City Clerk records and maintains accurate records of Council actions, publishes and codifies ordinances, administers oaths and affirmations, conducts City elections, signs official documents, receives claims, and is the filing officer for campaign and economic interest filings. 0 Community Development Department Kevin Gardiner, Community Development Director, 650-558-7250, kgardiner@burlingame.org The Community Development Department is composed of the Planning Division, Building Division, and Economic Development Division. The Department is responsible for conducting both long-range and current planning; plan checking, building permit issuance and field inspections of all buildings and structures in Burlingame; as well as serving as a resource to assist local businesses and to attract new business to the community. The Planning Division's scope includes preparing and implementing the General Plan, administering the Zoning Code (Title 25 of the Burlingame Municipal Code), providing staff support for the Planning Commission, and relaying planning information to the public. The Community Development Director and Planning Manager serve as the staff liaisons with the Planning Commission. Finance Department Carol Augustine, Finance Director, 650-558-7201, caugustine@burlingame.org The Finance Department handles business licenses, water, and information technology; it is also responsible for the administration of several City contracts including those for the cable franchise and refuse collection. The Finance Director is responsible for the preparation of the operating and capital improvement budgets; supervision over general accounting and the accounting systems of all City departments; recording and auditing all receipts and disbursements; and investing funds in excess of normal operating requirements. Human Resources Department Sonya Morrison, Human Resources Director, 650-558-7209, smorrison@burlingame.org The Human Resources Department is responsible for attracting, screening, and retaining qualified candidates for the City's workforce. The Department also seeks to promote positive employee and labor relations throughout the City and is responsible for employee recruitment, classification and compensation, personnel administration, benefit plan administration, workers' compensation, training, and employee relations. Burlingame Public Library Bradley McCulley, City Librarian, 650-558-7404, mccullev@plsinfo.org The Burlingame Public Library is the cultural and learning center for the community. The City Librarian and Library staff plan and coordinate library services for the Main Library and Easton Branch; provide services and materials to meet the educational, informational, literacy, and recreational reading needs of the Burlingame community; sponsor children's programs and services; and organize a wide variety of educational and enrichment programs for residents. The Library also provides computers, laptops, Wi-Fi hotspots, high-speed internet, and access to new 7 technologies and online resources to help residents live their best life. The Library Director staffs the Library Board of Trustees. Parks and Recreation Department Margaret Glomstad, Parks and Recreation Director, 650-558-7300, mglomstad@burlingame.org The mission of the Burlingame Parks and Recreation Department is to enrich and enhance the quality of life for all members of the Burlingame community by providing well -maintained playgrounds, street trees, park space, and recreational facilities; offering a high -quality, diversified program of recreational activities; and supporting other community groups. The Parks and Recreation Director oversees the administration of the Department's programs. Parks and Recreation staff members serve as liaisons to both the Parks and Recreation and Beautification Commissions. Police Department Mike Matteucci, Police Chief, 650-777-4100, matteucci@burlingamepolice.org The Burlingame Police Department's main purpose is to protect and serve the community. The Department offers a variety of investigative, preventative, and community policing programs. The Department is divided into two divisions: Operations and Support Services/Administration. Among its various programs, the Police Department has a Reserve Officer Program, Crime Prevention Unit, Canine Unit, Traffic Bureau, School Resource Officer Program, Community Response Team, and an Investigations Bureau. The Department collaborates with other cities on a variety of additional police and safety -related efforts, such as the San Mateo County Gang Task Force, the North Central Regional SWAT program, and Shared Services Traffic Task Force. Public Works Department Syed Murtuza, Public Works Director, 650-558-7230, smurtuza@burlingame.org The Public Works Department is responsible for maintaining City -owned land, utilities, and infrastructure as well as the enforcement of certain municipal code requirements. The Public Works Department's major divisions include Engineering, Facilities and Maintenance, Streets and Sewer, Water, and the Wastewater Treatment Plant. Public Works staff members support the Traffic Safety and Parking Commission and provide input as needed to the Planning Commission. Central County Fire Department John Kammeyer, Fire Chief, 650-558-7600, jkammeyer@ccfd.org The Central County Fire Department serves the City of Burlingame, the Town of Hillsborough, and the City of Millbrae. The Department provides fire protection and prevention services, emergency medical paramedic care, emergency disaster planning, and hazardous material regulation and incident responses. M � § 0 \ � U � � § � c � � -.-..... r § E { � § E = E E m E o § kto k ? { \ > r / U 2 5 _ § w t � = _ g = @ )Ln 2 \ E cu m E In e C ® # ± § £ k CL r Ln z 2 j 3 2 Important City Documents There are three important City documents you might want to be aware of: the Municipal Code, the General Plan and specific plans, and the City budget. Municipal Code The Burlingame Municipal Code is the codification of the local ordinances that govern the operation of the City organization and the conduct of people within the city. An ordinance can be adopted by the City Council, or it can be proposed by the residents through the initiative process. Initiative measures, for which the requisite number of signatures is obtained, are then voted on at City elections. Some ordinances regulate the use of property or other activities within the city and may require that a City Commission or the City Council hold a public hearing before such use or activity is authorized. Most commissions were established by ordinance and are governed by the Municipal Code. A complete copy of the Municipal Code is available on the City's website. For more information about the Municipal Code, please contact the City Clerk at 650-558-7203. General Plan The City's General Plan is the long-range planning document guiding the physical development of the city. State law requires the General Plan to address specific topics such as land use, circulation (roadways and bicycle transportation), housing, conservation, open space, noise, and safety. Adoption of a General Plan amendment is a legislative act, which is subject to referendum and may be judicially invalidated only if arbitrary or capricious. The City also has a few specific plans addressing geographic areas of Burlingame, including Downtown, North Burlingame/Rollins Road, and the Bayfront. Complete copies of the General Plan and specific plans are available on the Planning page of the City's website. City Budget The City's budget contains two major sections: the operating budget, which focuses on programs, goals, objectives, performance measures, productivity enhancements, operational changes, and policy issues; and the five-year Capital Improvement Program (CIP). The City Manager submits the budget and CIP to the City Council for review. The proposed budget represents the City Manager's recommendations regarding the financial, physical, and social plans for the City of Burlingame. The plan identifies resources and expenditures and allocates revenues, balancing public needs with available resources. Upon receipt of the proposed budget, the City Council holds a public hearing on the proposed budget. Copies of the budget are available to the public before the hearing. All interested persons are given the opportunity to address the City Council at the public hearing. Once adopted, the 10 amounts specified in the budget are appropriated to the City Departments. The City Council may amend the budget at any public meeting by the affirmative vote of at least three Councilmembers. The fiscal year for the City of Burlingame begins July 1st of each year and ends on June 30th of the following year. The budget document is available for review at the City Clerk's office and at the Burlingame City Library. The Finance Department's page on the City's website includes links to adopted budgets and financial reports for the last several years. 11 City Commissions and Boards A commission or board is established by ordinance because there is a need for an ongoing advisory group or because the State mandates its existence, while a committee or task force is usually created in response to a current need. Commissions serve the City Council in an advisory capacity as a link between the citizenry and the Council. Issues confronting local government today are so complex and numerous that citizen input is more necessary than ever before. City commissions and boards provide many benefits to City government and the community as a whole. For example, members of commissions provide information to the Council on community values, concerns, and needs. Commissions and boards have the time, expertise, and capacity to identify and study specific problems or policy matters and review and select alternatives for Council consideration. This section provides some background information on City commissions and boards and roles and addresses some of the responsibilities associated with serving as a commissioner or board member. Overview of City Commissions and Boards Beautification Commission The Beautification Commission acts in an advisory capacity to the City Council, City Manager, and Parks and Recreation Director and provides general oversight, input, and public information with regard to the City's street, park, and private trees. More specific responsibilities include: hear any appeals for removal of City street trees and/or private "protected" trees; promote public information and education through the City's annual Arbor Day Tree Planting Celebration; monitor status of newly planted street trees; provide input and direction with regard to landscape maintenance in the downtown business districts; and oversee the Business Landscape Award program and the Residential Sustainable Landscape Award program. Library Board of Trustees The Library Board of Trustees is advisory, as defined in the California Education Code. The Board advises the City Librarian on library services, establishes policy, provides citizen input on library operations, and participates in long range planning. Parks and Recreation Commission The Parks and Recreation Commission acts in an advisory capacity to the City Council, City Manager, and Parks and Recreation Director, providing general oversight, input, and direction for the City's recreation programs and park facilities. The Commission provides recommendations and input on policies such as athletic field uses, Aquatic Center operations, picnic areas, and off -leash dog areas in public parks. The Commission is asked to weigh in on 12 Department budget requests, park planning and projects, contracted operations, contracts with the local School Districts, and to evaluate City recreation classes, special events, and programs. Planning Commission California Government Code §65100-65101 requires all cities in California to appoint a local planning commission with broad responsibility for preparation, review, and revision of the local general plan and administration of local zoning regulations that implement the land -use policies established in the general plan. The bulk of the Planning Commission's responsibilities are related to the review and consideration of requests for approval of development proposals for private properties, pursuant to the City's zoning regulations. Specifically, the Commission considers requests for approval of new construction projects that are subject to its review and consideration, as well as certain modifications to existing developments. The Commission frequently considers requests for establishment of new, or modification of existing uses of property within the City's commercial and industrial districts. Decisions made by the Planning Commission regarding land -use entitlements are final, unless appealed to the City Council within the prescribed appeal period. Periodically, the Planning Commission will be tasked with assisting in the preparation and consideration of amendments to the City's general plan, preparation and consideration of specific plans, as well as amendments to the City's zoning regulations. The Commission serves in an advisory capacity to the City Council and makes recommendations to the Council in these instances. Traffic, Safety and Parking Commission The Traffic, Safety and Parking Commission provides the general public with a citizen's forum in which to discuss matters pertaining to traffic, parking, and pedestrian safety in Burlingame. When so tasked by the City Council, the Commission shall have the authority to hold public hearings and provide recommendations back to the City Council. 13 Roles and Relationships with Others in City Government Board and commission members area ppointed to serve in an advisory capacity to provide citizen input and recommendation of policy relative to the board or commission's specific area of assignment. Members serve at the Council's pleasure. City staff members provide technical and administrative assistance to the Council, boards, commissions, and committees, and serve at the direction of the City Manager, who in turn answers to the City Council. Roles of Commissions and Boards Council's Role The City Council's role is to make policy and direct the City Manager to carry out policy. The City Council also solicits input from boards and commissions on issues in their various functional areas unless there are legal or time constraints that prevent it from doing so. Board and Commission Roles City boards and commissions study and advise and provide recommendations to the City Council on policy issues. Boards and commissions also promote and provide citizen input. Staff's Role Staff is available to research and investigate issues and prepare analyses and policy alternatives for boards and commissions as well as the City Council. Staff is also responsible for implementing Council policy decisions. Staff members serve as liaisons and clerical support to the boards and commissions under the guidance of the Department Heads and, ultimately, the City Manager. Relationship with the City Council The City Council is accountable to the citizens of Burlingame for its actions and, therefore, cannot delegate its policy -making responsibility. However, the City Council welcomes the use of advisory bodies in the many different areas affected by municipal government. Commissions recommend to the Council the action they think should be taken on specific issues; however, with the exception of the Planning Commission, they have no authority to act on their own without City Council concurrence. Commissions cannot commit City resources, direct staff, or establish policy for the City without Council authorization. When commission members make recommendations or express views not approved by a majority of the commission, they should indicate that they are representing themselves as individuals, not the commission. Individual commission members must not represent their views or recommendations as those of the commission unless the majority of their commission has officially voted to approve the recommendation. Public statements should contain no promises 14 to the public that purport to be binding on the commission, staff, or City Council. When making statements to the press, commissioners should indicate that commission actions are recommendations and that final action will be taken by the City Council. Comments to the press and public should be factual. Individual "opinions" to the public and press are discouraged and, if given, should be identified as such. Resolutions and motions recommending action must be approved by the City Council prior to implementation. The only exception concerns the Planning Commission, which has certain powers as noted in its synopsis. The commission recommendation will be included in a staff report to the City Council through the City Manager. The City Council, after review of the issue, may make a decision or refer the item back to the staff, to the originating commission, or to another related commission for additional study. If a commission wants to suggest major changes or additions to City policies, the commission must first review the issue with its assigned staff liaison. If the issue is significant, the commission should request direction from the City Council. A commissioner may at times disagree with the City Council about a decision or a policy. However, once the Council has formally made a decision or adopted a policy, a commissioner should not hinder or obstruct the implementation of the decision or policy, but is free to let Councilmembers know about his or her concerns with a decision or a policy. However, comments and suggestions should not come at the speaker's podium of a Council meeting, and commission members should refrain from taking an active role in criticizing the Council's decision. If problems arise because of differences between a commission member's personal values and the policies of the City, and these differences cannot be resolved, then the commission member should consider resignation. Relationship with Staff Liaisons The staff assigned to a commission is limited to support and advisory functions for the commission. Staff handles administrative duties, provides agendas for meetings, prepares staff reports, and takes and maintains minutes. The staff assigned to a commission often includes a Department Head. Staff members are not considered members of a commission, except as established by ordinance or by-laws, and have no power to vote in commission matters. Because of their support position, staff members will not respond to questions from the public at a commission meeting unless requested to do so by the Chair of the commission. Contact should be made with the primary staff member assigned to the commission rather than with other City staff. Additionally, contact should clearly be within the framework of the commission assignment; commissioners should not ask for individual reports, favors, or special considerations. Staff will make every effort to keep commissioners informed regarding City operations by providing reports and materials necessary to the commission in its work. If reports involve 15 substantial staff time and expense, requests must be cleared with the Department Head prior to major staff work being undertaken. Projects taking more than two days need to be approved by the City Manager, who may consult with the City Council. Commissioners should be aware of the staff member's responsibility to provide advice to the commission and the City Council. In instances where the primary staff person disagrees with the commission's recommendation, he or she may advise the City Manager of his or her technical recommendation. In making a final decision, the City Council will consider the advice of the commission and staff, as well as other interested individuals. Commissions are not involved in the hiring, promotion, dismissal, or suspension of City employees. Serious problems concerning staff performance should be directed to the Department Head assigned to the commission or to the City Manager. Responsibilities To be selected as an active member of a City commission is a high honor and provides an unusual opportunity for genuine public service. Although the specific duties of each of Burlingame's commissions vary, there are certain responsibilities required of all commission and board members. This section addresses those responsibilities and provides some guidelines to assist commission members in serving the City. Get Informed One of the first and most important responsibilities of a board or commission member is to learn about the group's scope of responsibility and general operating procedures. This knowledge base provides each board or commission member with the ability to understand the issues at hand and exercise good judgment in giving advice to the City Council. New board or commission members are encouraged to schedule an appointment with the appropriate City staff members so they can learn some of the basic information and ask questions prior to attending their first meeting. In connection with his or her advisory role, a commission member may often spend many hours researching a particular problem area. The commission member should maintain an objective attitude in this fact-finding phase even though the research may emphasize one approach to a problem. Commission members need to review items under consideration prior to commission meetings in order to be fully prepared to discuss, evaluate and act on all matters scheduled for consideration at the meeting. Set Aside Biases Each board or commission member is responsible for considering the issues as they relate to and impact the Burlingame community as a whole. It is important that members be able to set aside personal biases in an effort to understand how policies will affect all segments of the City. 16 Show Concern for the Entire Community Although commission members may be selected, in part, because they can represent the viewpoint of clearly defined groups, they should, upon appointment, pledge to represent the overall public good and not that of an exclusive group or interest. The question, "What is good for the entire community?" should take precedence over, "What will increase the advantage of my interest group?" Keep Lines of Communication Open As an influential member of the community, a commission member is in the unique position of serving as a liaison between the City and its citizens in helping to reconcile contradictory viewpoints and to build a consensus around common goals and objectives. Commission members serve as a communication link between the community and City staff and the City Council, presenting recommendations and providing a channel for citizen expression. Commission members should also be available to the public to explain and promote policies established by the City Council and carried out by the Department with which the commission interacts. Careful attention should be paid to ensure that this channel does not break down. The communication may become one-way if the commission becomes concerned with transmitting City proposals to the people without transmitting the reactions and opinions of the citizens back to the City. A primary role of the commission is to determine what people think about the City program areas within the scope of interest of the commission. Commission members should be careful not to substitute their own opinions for those of the general public and should be sure to listen as well as talk. Be Effective Organized groups exist to get things done, to complete certain tasks, to achieve certain agreed upon purposes or goals. The nature and intensity of commission members' feelings about their common purposes and each other set the "climate" of the commission. A positive climate encourages member involvement and responsibility to take action. Optimum participation is achieved when the commission or board's stated tasks are understood. Members should keep the tasks visible and clearly defined. Effective commissions and boards pay attention to the following functions and behaviors: prioritizing tasks, anticipating problems, analyzing problems, setting clear objectives, developing actions/options, identifying implementation roadblocks, active listening, supporting colleagues, making decisions, and communicating decisions. 17 Representing the Commission Political Activity Commissioners are free to engage in political campaigns or partisan activity while serving on a commission; however, ethics and common sense should be applied. For example, commissioners who work on a political campaign may not do so in the name of the commission. City government is a non -partisan organization; therefore, the commissions are also non -partisan and cannot sponsor political candidates. It is important to remember that if a commissioner is elected or appointed to the City Council, service as a commissioner automatically terminates. Press Relations Most City commissions are not covered by the press on a regular basis. However, the media often pays close attention to the deliberations of some groups, such as the Planning Commission; therefore, the chairs and the members of these groups should be ready to deal with reporters. The best way to ensure accurate press coverage of a commission's activities is to make commission members available to answer reporters' questions. Each press encounter is as an opportunity to educate both the public and the press. This openness will go a long way toward assuring a fair and accurate account of your commission's work. When talking with reporters, commission members should stick to the facts of the item under consideration, and not represent their personal views as those of either the commission or the City of Burlingame. The City Clerk is available to assist the commission with press relations on request. Approval from the City Council or the City Manager is required before issuing press releases (either oral or written) on behalf of a commission. The City Clerk is available to assist the commission with either writing or distributing a release, and with obtaining necessary approvals. When writing or speaking publicly either outside a commission meeting or to a member of the Council, a commissioner should state clearly that the opinions expressed are personal and are not the official position of either the commission or the City of Burlingame. Compensation Commissioners serve as citizen advisors on a volunteer basis and do not receive monetary compensation. 18 Code of Ethics 1. City Policies. Stand behind the commission or board's spokesperson and leadership. Minority opinions and viewpoints should be honored. Individuals may speak or write individually, but should note that they are speaking or writing on their own behalf. 2. Build Teamwork. Be open with ideas, feelings, and attitudes. Seek and gain an honest evaluation of your ideas and recruit assistance in implementing them. 3. Show Respect, Effective Communication and Leadership. Respect your colleagues. For criticism to be effective, it is best to be constructive. Embarrassing a colleague or staff in public will likely be counter -productive. Follow legitimate channels of communications with the staff. Remember that staff performance is a reflection of your leadership abilities; work together. Treat staff with respect. Do not criticize staff at public meetings. 4. Try to Reach Decisions by Consensus. A level of consensus can make better decisions. Openly voice your individual goals and work to draft a solution to meet the largest number of goals. 5. Value Your Vote. You were appointed to express your opinions by voting on matters. Vote with the Burlingame community and your conscience in mind. If there are conflicting goals, vote for the higher purpose. If you have a conflict of interest, abstain from voting 6. Give Political Assent; Do Not Misrepresent the Group. Accept the results of a board, commission, or committee vote. Respect the decision of the group. Do not use your official capacity, unless specifically designated and authorized by your advisory body, to represent yourself as speaking or writing on behalf of the board, commission, or committee. Do not suggest you represent the group (such as using the name of the board, commission, or committee) or use your appointed status to create an impression or influence others. 7. Respect Non -Partisanship. The strength of local government in California is that it is non- partisan; be dedicated to the preservation of this system 8. Ralph M. Brown Act. Be forthright in support and adherence to the Brown Act. 9. Conflict of Interest. If disqualified by reason of any conflict of interest in any manner, do not participate in any discussion in any way or comment on any matter in any way to any person including any other commission member, Councilmember, or staff, and do not vote on such a matter. 19 Commission and Board Procedures This section addresses many facets of commission process procedures, including the process for announcing and filling vacancies on City commissions and boards, types of commission meetings, and operating procedures for meetings. Commission Appointment Process Resolution No. 33-2003, adopted by the Burlingame City Council on March 18, 2003, established procedures for commission appointments. Resolution Nos. 36-2007, 16-2008, 26-2008, 30-2010, 127-2017, adopted by the Burlingame City Council on May 7, 2007, February 19, 2008, March 17, 2008, May 3, 2010, and November 20, 2017, respectively, established revised procedures for commission appointments: 1. Application Dates a. The City Manager will inform the City Council approximately 30 days in advance of the expiration of a commissioner or board member's term of office. The City Manager will also report any board or commission vacancy to the City Council. b. The City Council will then determine what deadlines for applications will apply for each board or commission. Generally, deadlines will be three or more weeks following the Council's determination. The City Council may extend the deadlines as the Council may deem appropriate. c. Should an incumbent commissioner or board member elect not to reapply for his or her position, then the deadline for applications will be extended by two weeks. 2. Advertisement The City Clerk will post notice of the vacancies and deadlines at City Hall, the Main Library, the Recreation Center, the City website, and such additional places as the City Clerk determines may be helpful. For unscheduled vacancies, the City Clerk will also post notices as required by Government Code Section 54974. 3. Applications a. A standard application form together with supplemental questions will be provided by the City Manager to persons interested in appointment to a vacant office. b. Incumbent commissioners and board members seeking reappointment, as well as new applicants, must complete the application forms and return them to the City Manager by the designated deadline in order to be considered for appointment. However, a board 20 member or commissioner who has been appointed to fill an unexpired term within the previous 12 months will not be required to complete and file an application. c. Applicants are strongly encouraged to have attended at least one meeting of the board or commission for which they are seeking appointment or to have watched a meeting on television or online for those commissions that broadcast and stream their meetings. d. Applications will only be accepted for specific vacancies. Persons who have applied for previous vacancies will be kept on an interest list for a period of two years by the City Manager and be mailed notices of pending vacancies during that period. 4. Interviews a. The Council will interview all applicants, including incumbents, who have submitted application forms by the designated deadline. Pursuant to the Brown Act, these interviews will be conducted at an open and public meeting. b. If an applicant is unable to interview with the Council during the appointed time because of a personal emergency or other compelling reason, the Council may conduct interviews by telephone so long as the requirements of the Brown Act are met. However, a candidate who is unable to be interviewed will be dropped from consideration. c. Normally, the appointments to the vacant positions will not be made immediately following the interviews, but rather will be made at the next meeting of the City Council. 5. Appointments a. Appointments are made at regular or special meetings of the City Council by ballot voting. The City Clerk gives each Councilmember a ballot with the names of the candidates. The Councilmembers vote for the candidate of their choosing and sign the ballot. The City Clerk collects the ballots and reads the Councilmember's name and how he or she voted. If there is not a majority vote, a second ballot, and sometimes, a third ballot is provided to the Councilmembers, and the process is repeated. If there is more than one office to fill, or more than two applicants for a board or commission, the Mayor may direct that the voting be conducted on an applicant pool basis as follows: 1. The City Clerk is asked to read the name of each candidate with each Councilmember entitled to vote for the number of applicants equal to the number of open positions. 2. Any candidate who receives a unanimous vote of the Councilmembers present is appointed. 3. The candidates) with the most votes from a majority of the Council members present is/are appointed to any remaining vacant positions. 21 b. If the Council is unable to reach the necessary number of appointments for whatever reason, the Council may then proceed to seek additional applicants, continue the appointment process, or take such other action as the Council may deem appropriate. 6. Training No later than 12 months after appointment, commissioners and board members shall complete commissioner training provided by the City Attorney. A commissioner or board member may fulfill this requirement by attending equivalent training provided by the League of California Cities or other government organization if the training is approved by the City Attorney. In addition, chairs of commissions and boards shall complete such training as the Council may direct before becoming chair. Commissioners and board members shall also complete any training required by State law. Failure to complete the training within the first 12 months after appointment will result in removal from the position unless the Council takes action to extend the term of the commissioner or board member that failed to obtain the required training. 7. Terms of Office Commissioners and board members are appointed for only a single term, and there is no expectation of reappointment. Terms of office will comply with the provisions of the Municipal Code, or in the case of the Library Board of Trustees, the California Education Code. 8. Local Appointment List The City Clerk shall maintain and provide the Local Appointment List as required by Government Code Section 54972. Applying for a Commission or Board Any person interested in applying for a position on a commission may fill out a standard application and a supplemental application, which is specific to each commission. Both applications are available on the City's website or from the City Manager's office. Qualified persons are nominated by the City Council to fill a vacancy and are voted on by the entire Council. A majority vote is needed to ratify appointments. Vacancies exist whenever a commissioner or board member's regular term expires or whenever a commissioner or board member resigns, dies, or is removed by the Council. Incumbent members may be reappointed by the City Council. 22 Selection for appointment to commissions is generally based on the following: • A broad perspective and concern for the welfare and progress of the City. • A familiarity with the City's history, issues, and goals. • An interest in the functions and area of responsibility of the particular commission. • A readiness to volunteer time and effort without compensation to carry out the responsibilities and duties of the particular office. • A willingness to be aware of and understand the policies of the City Council. • An ability to meet specific qualifications of the particular commission. Resigning from a Commission or Board It is important that all board and commission members attend and actively participate in meetings of their board or commission. Board and commission members who are unable to continue their service for reasons of health, business requirements, change of residency outside the City (with the exception of the those serving on the Library Board, which can include Hillsborough residents), or personal reasons should submit a formal letter of resignation to the City Council with a copy to their board or commission chair. A board or commission member may be removed from office at any time by a majority vote of the City Council. Types of Commission Meetings There are four categories of board and commission meetings: regular, adjourned regular, special, and study sessions. It is important to note that the Brown Act dictates strict notification procedures for each type of meeting. Regular Meetings Regular meetings are scheduled on the board or commission's meeting calendar as provided in the Municipal Code. No action is needed to hold a regularly scheduled meeting. If the regular meeting date falls on a holiday, the meeting will be rescheduled. An agenda for each board and commission meeting must be posted at least 72 hours before the meeting and include a brief description of each item of business to be transacted or discussed. No action may be taken on any item not on the agenda without first contacting the City Attorney. 23 If there is not a quorum for a regular meeting, the recording secretary or chair appears at the meeting place, calls the meeting to order, and adjourns it. If the chair or majority of commissioners have previously agreed on another date for the meeting and have previously stated it in the minutes, the secretary may adjourn the meeting to that future time and place. No meeting will be adjourned to a date beyond the next regularly scheduled meeting. As required by the Brown Act, a notice announcing the date, time, and place of the adjourned meeting must be posted at the original meeting location within 24 hours following the adjournment of the regular meeting. Adjourned Regular Meetings An adjourned regular meeting is one that has been scheduled to be held prior to the next regularly scheduled meeting. A regular meeting that does not achieve a quorum may be rescheduled as an adjourned regular meeting or simply canceled. An adjourned regular meeting is considered a regular meeting for purposes of transaction of business. Although the secretary can adjourn a meeting for lack of a quorum, he/she does not have the power to set the date for another meeting unless directed to do so by the chair or a majority of the commission. Special Meetings A special meeting may be called by the chair or majority of the board or commission members for any reason related to the board or commission's jurisdiction. When a special meeting is called, written notice of that meeting must be given to members of the advisory body and the local newspaper (and any other media requesting notice in writing) at least 24 hours before the time of the meeting specified in the notice. The notice must state the time, place, and business to be transacted. At the meeting, the board or commission can only consider the business identified in the notice. Study Sessions Occasionally, there may be a need for a study session to thoroughly discuss a complex issue or portions of a large issue. These are also official meetings and must be noticed and open to the public. Although study sessions may be scheduled at the convenience of the board or commission, they may require the same prior notice, as do special meetings. Actual decisions are to be reserved for regular board or commission meetings to ensure adequate public participation. Commission Operating Procedures Presiding Officer The board or commission chair directs the progress of the meeting and is the key to efficient meetings. Boards and commissions are responsible for selecting their own chair and vice -chair 24 in accordance with the ordinance governing the board or commission or the body's accepted rules of procedure. In the absence of the chair, the vice -chair shall preside at board or commission meetings. In the absence of the chair and vice -chair, an acting chair may be designated at the meeting if a quorum exists. The chair is responsible for conducting the meeting and acting as liaison between staff and the board or commission. The chair also has the power to confine discussion during a meeting to the issue under consideration and to limit debate when it ceases to be productive. The chair's rulings must be followed unless overruled by the rest of the board or commission. The chair retains the right to make and second motions, participate in debate, and vote on all board or commission matters. Attendance A quorum is necessary for the conduct of business. Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. If a member must miss a meeting because of an extended business trip, vacation, or illness, he or she should advise the staff or the board or commission chair. Burlingame Resolution No. 16-84, adopted by City Council on March 19, 1984, provides for the removal of board members or commissioners due to non-attendance. The resolution states, in part, if a member of any board or commission absents him/herself for more than one-third of the regular meetings held by such board or commission during any calendar year, or four consecutive meetings, his/her office becomes vacant from the last regular meeting he/she attended and shall be filled as any other vacancy. Meeting Time and Place The time and place for regularly scheduled meetings are set either by ordinance, board or commission bylaws, or whatever rules have been adopted by the board or commission. Quorum A quorum consists of a majority of the membership (a quorum refers to the number of members present, not to the number voting.). For example, in a board or commission consisting of seven members, a quorum shall be four or more members. The only types of business that can be transacted in the absence of a quorum are to take measures to obtain a quorum, to fix the time for an adjourned meeting, or to take a recess. Abstaining from Voting The City Council appointed you because of your knowledge about local issues. Consequently, it is inevitable that matters will occasionally come before the board or commission in which a 25 member may have a direct or indirect financial interest. When this happens, he or she must disqualify him- or herself from participating in the deliberations, abstain from voting, and leave the room. An explanation of why the board or commission member is abstaining is in order, and the chair will then direct that the minutes state that the member "stepped down" from the discussion and must abstain from voting. Minutes Minutes of all meetings must be taken and, when approved by the board or commission, become the official City record of the meeting. Minutes must provide a clear record of the actions taken during the meeting and a summary of the important topics raised. They should not be a verbatim transcript and must never reflect the recording secretary's opinions on anything said or done, whether favorable or unfavorable. Any additions or corrections to the minutes may be made in public meetings with the approval of the board or commission but not at an individual's request. Minutes should state: 1. The kind of meeting (regular, special, adjourned) 2. The name of the board or commission 3. The date, time and place of the meeting 4. The name of the presiding officer or acting chair 5. Members present, members absent, and staff present 6. Whether or not the minutes of the previous meeting were approved as read or as corrected, including the date and kind of meeting 7. All main motions with the wording in which each motion was adopted 8. The disposition of the motion 9. The name of the (motion) mover 10. All points of order and appeals, whether sustained or lost, together with the reasons given by the chair for the ruling 11. The time of adjournment Public Hearings A public hearing is a session in which the public is specifically invited to participate in the discussion of an issue and to present evidence or information pertaining to the issue. Some public hearings are mandated by Federal, State, or municipal law. A board or commission may call a public hearing for any major decision it intends to recommend to the City Council. Persons and groups who may be affected by the subject of the hearing should be given sufficient notice of the time and place of the hearing and a reasonable opportunity to be heard. At the appropriate time, if numerous persons would like to participate and all represent the same views and opinions, the chair may ask that a spokesperson be selected to speak for the group. If this arrangement cannot be made, the chair may restrict each speaker to a limited time so all may be heard. Irrelevant comments should be ruled out of order by the chair. When a full presentation of all relevant information has been made, the chair closes the proceedings by announcing, "the public hearing 26 is now closed." The board members or commissioners may then discuss the proposal, ask questions, and take action on the proposal. At this point, further participation is only by consent of the board or commission. If a complex issue is under consideration, the board or commission may wish to continue the item to a future meeting in order to obtain additional information or more fully review the input recorded. Right to Address the Commission Every citizen has the right to address the board or commission about any item on the agenda and may do so by requesting permission for the floor from the chair. When possible, oral and written requests should be made prior to a motion on the issue. Comments from the audience should be directed to the board or commission, not to staff members present. If a response is needed from staff, the chair will direct the questions to the appropriate staff person, who will then respond to the chair. The chair should announce the time limit on speeches from the audience and may request that speakers avoid reiterating arguments previously presented. It is the duty of the chair to end a discussion that does not relate to the issue at hand. Any established procedures for limiting or guiding debate should be explained by the chair at the beginning of the hearing and should be applied uniformly. Conducting Meetings Robert's Rules of Order is a good guide to meetings. Board and commission members are encouraged to study "Robert's Rules of Order, Revised" if they are not already familiar with this book on parliamentary procedures. A copy may be found in the office of the City Clerk and at the library. However, as an introduction, a brief outline of the basic elements of a commission meeting is presented below. Agenda The agenda is the "plan" for the meeting and lists both the items that will be discussed and the sequence of discussion. The chair of the meeting follows the agenda and directs the assembly at the meeting. The chair recognizes people who raise their hands. The chair can rule people out of order for speaking out of turn, not following the agenda, or not following procedure. If a commissioner wants an item on the agenda for discussion at a meeting, he or she can inform the board or commission chair or staff member. The following is an example of the order of business (unless board or commission -adopted rules are different) that would be listed on the agenda. 27 1. Call meeting to order by the presiding officer/chair 2. Roll call 3. Approval of minutes 4. Reports of officers 5. Reports of sub -committees (if any) 6. Old business 7. New business 8. Adjournment. When the business is completed, adjournment is in order. The chair should inform members of any pending business before putting the motion to vote. Debate and Decorum Anyone, including staff members, wishing to speak must first gain recognition by the presiding officer. The speaker should then confine comments to the question before the board or commission. The chair may limit time for each speaker. A person should not be interrupted once he or she has the floor. It is especially important for board members and commissioners to remember that an agenda is to be followed, and comments are to relate to the business on the agenda. Subcommittees The chair has the right to appoint special committees comprised of less than a quorum of the body to work on specific items and report periodically to the full body. Reports The purpose of reports is two -fold: to inform the board or commission as to the status of planned activities, committees, and financial accounts; and to inform the board or commission of information needed for projects, issues, and community concerns. Motions A motion is a formal statement of a proposal for consideration or action. A motion may be substantive in nature, may express a certain view, or may direct that a particular investigation be conducted. Each member has the right to present motions. Motions may be voted on only if they receive a second. Only one question can be considered at a time. Once a motion is before the board or commission, it must be adopted or rejected by a vote, or the board or commission must take action disposing of the question some other way before any other business can be brought up. A motion is also subject to a motion to amend. 28 The basic motion is "I MOVE THAT..." Once the motion is made and seconded, the secretary should record it and read back to the assembly so everyone understands what the motion says. Afterthe motion is made, the board members or commissioners may discuss it. If someone would like to change the motion, they say, "I move to amend the motion to read..." A second is required to amend a motion. If a motion to amend is seconded, it must be dealt with in some way (passed or defeated) before the main motion is once again dealt with. If the motion to amend is passed, it becomes part of the main motion. (The changes it suggests are added to the main motion). Once that happens, the board members or commissioners can discuss and vote on the main motion. If the motion to amend is defeated, then the main motion (the first motion) remains as it was originally and is discussed and voted on. If a board member or commissioner is not sure that a voice vote gave an accurate account of a vote, he or she can request that the chair ask for a show of hands or call for a roll call vote. There are two ways to delay action on an issue. In order to put off action until a specific date, a board member or commissioner can say "I move to postpone until... (a specific date)." To put off action indefinitely, a board member or commissioner could say "I move to table the motion." Both of these actions require a majority vote. To end a meeting, you say "I move to adjourn." This motion requires a second and must be voted on. Conflict Management Public hearings or citizen input meetings can be difficult to manage. Participants are usually highly motivated and often nervous. When a group of potential adversaries is in one room, the possibility of conflict is very high. The Board and commission members' role is to guide conflict to positive results, not to eliminate it, which is usually not possible. The following suggestions should help the board or commission manage conflict and confrontation effectively: • Anticipate conflicts and do advanced homework. This will allow a board or commission member to concentrate on the dynamics of the meeting rather than learning about the topic at hand. • Treat all sides fairly. Set the rules of the hearing early and make sure everyone abides by them, without exception. • Explain carefully the purpose of the public hearing and what action is expected at the conclusion of the hearing. Insistence on playing by the rules is the best tool for conflict management in public hearings. • Set an acceptable time limit for testimony and stick to it. 29 • Make decisions as promptly as possible. Boards and commissions may get so bogged down in procedural distractions, petty details, and endless searches for information that the issue never seems to get resolved. • Try not to overreact to inflammatory comments. Most are expressions of frustration and do not require answers. Try to turn frustration to constructive avenues. Ask questions. Be specific, if possible. Do not debate the speaker. Most often, an answer to a speaker's statement is unnecessary. Reinforce areas where you agree. Do not return insult for insult. Insults can turn the audience against the board or commission for lack of control and unfairness. • Try to avoid speaker -to -audience conversations. The purpose of the hearing is to gather information to help the board or commission make the best decisions. • If other members have questions of the speaker, permit these questions only during the designated speaker's time at the podium. • Be careful not to prejudge the action of the board or commission. Use the hearing to gather necessary information about the project and individual desires concerning the proposal. Members should not express their views on the proposal until after testimony has ended, and comments and questions should not suggest a position one way or the other. • Once testimony has ended, it cannot be reopened without the board or commission agreeing. In most cases, it is not appropriate to reopen the public hearing after it has been closed. All board and commission members should be invited to discuss their views on the proposal. All discussion among members should occur prior to voting. • View the public hearings as an example of basic democracy in action at the local level. Make it your personal goal to make the public hearing be efficient and work. Conflicts of Interest Board members and commissioners should not accept gifts from applicants or other persons concerned with matters that have been or might come before the body. Acceptance of any gifts by members is subject to limits imposed by the Fair Political Practices Commission of the State of California. It is illegal for any member of a board or commission to have a financial interest in any contract, sale, purchase, transaction, or decision in which the member is involved in an official capacity. A board member or commissioner should seek the advice of the City Attorney in any case where there is a possibility of a conflict of interest. As a government official, a board member or commissioner is subject to conflict of interest provisions of the law, which are designed to protect 30 the public from biased decisions. There are a number of sources of conflict of interest laws, but the two basic sources are the constitutional requirement of giving fundamental due process right to all persons and the Political Reform Act of 1974, a part of State law. The constitutional requirement of due process is designed to ensure that all persons before governmental bodies receive a fair hearing. It is possible that there might not be a financial conflict per se; however, because of prior relationships, a board member or commissioner may be biased either for or against a person appearing before the body. If that is the case, and the member cannot be objective in hearing the matter, he or she must disqualify himself or herself. The Political Reform Act of 1974 defines various conflicts of interest and is quite lengthy. Basically, a conflict of interest can occur in two primary situations. First, an improper conflict of interest can exist when an official participates in a decision in which he or she has a financial interest, or where there would be a foreseeable material effect on his or her financial interest. Second, a conflict of interest can exist when an official merely influences a decision, either directly or indirectly, in which he or she has a financial interest, or in which there is a foreseeable material effect on his or her financial interest. A decision in which an official should not participate includes those in which an immediate family member of the official would have a financial interest or would experience a reasonable foreseeable material financial effect from the decision. A board member or commissioner should also avoid participating in decisions when he or she would appear to be influenced by bias or conflict of interests. Any specific questions regarding a relationship a member has had, does have, or may have with an applicant who comes before the board or commission should be discussed with the City Attorney. If a board or commission member has a conflict of interest, he or she should not directly or indirectly influence the proceedings or the vote. Probably the safest way to deal with a conflict is to state the basis for the conflict of interest immediately after the chair announces the item for consideration. For example, "Mr./Madam Chairperson, I have a conflict of interest on this item because .... (state the reason), and I will not be participating in the deliberations." The board or commission member should then step down and leave the room for the duration of the action. The minutes will reflect the stated conflict and non -participation. Penalties for violating the conflict of interest laws are serious and may include fines and a prohibition against serving in public office. Again, any question regarding a potential conflict of interest should be discussed with the City Attorney. Advocacy of Own Interests A board or commission member or other public official may not represent another party or client seeking approval of a project before the agency of which the official is a member or before any other body subject to the budgeting or appointing control of such agency. The official may, likewise, not assist another person in preparing for such a presentation. A board or commission member is permitted to represent himself or herself before the City Council or a subordinate City board or commission on a matter related to his or her personal interests only. When a board or 31 commission member comes before the City Council to report on board or commission business, he or she must represent the views of the board or commission as a whole. Incompatible Offices Aboard or commission member or other public official may not simultaneously hold two or more public offices that have incompatible duties. The doctrine is not applicable where one of the positions is mere employment as distinguished from a public office. The California Supreme Court has held that two offices are incompatible when the holder cannot in every instance discharge the duties of each. Incompatibility arises from the nature of the duties of the offices, when the functions of the two are inherently inconsistent or repugnant, or when the nature and duties of the two offices are such as to render it improper from consideration of public policy for one person to retain both. To determine whether there are any inherent inconsistencies in the offices, it is necessary to examine the duties of each. A public officer or employee is also prohibited by law from engaging in any private employment for compensation that is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a public officer or employee. Only one potential area of conflict of duties and loyalties is necessary to render offices incompatible. The ability to abstain from voting or refrain from participating in the decision -making process in areas of conflict is insufficient to avoid the incompatibility of such offices. Once incompatibility in offices is found to exist, acceptance of the second office creates an automatic vacancy in the first. A public officer or employee is prohibited by law from engaging in any private employment for compensation that is inconsistent, incompatible, in conflict with, or inimical to his or her duties. Questions on conflict of interest laws relating to the board or commission should be directed to the City Attorney. The Ralph M. Brown Act The Ralph M. Brown Act is the section of California code requiring that local government business be conducted at open and public meetings except in specific limited situations defined in the Act. This transparency is key to open and transparent government. A complete copy of the Ralph M. Brown Act is provided to each commission or board member at the commissioner training. An online copy can be found on the California Legislative Information website at this address: http://Ieginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtm1. A very useful guide to the Brown Act is available on the League of California's website at this link: www.cacities.org/openandpublic. The League's guide provides very detailed yet clear and easy to understand explanations of all parts of the Act. 32 History of Burlingame The earliest documented European contact with what is now the Burlingame area was made by the Juan Bautista de Anza expedition in 1776. Although earlier Spanish expeditions had passed through this area, notably the Portola expedition in 1769, de Anza is the first to have camped in what is now Burlingame. In his diaries, de Anza refers to the dry arroyo "half a league" north from "arroyo San Matheo." It can be assumed that this is what locals now refer to as Burlingame Creek. From that date, the Spanish missionaries developed the San Mateo/ Burlingame area as the farm to support their mission in San Francisco. With the advent of Mexican independence in 1822, the mission lands were secularized and the southern Burlingame area was part of a land grant, known as Rancho San Mateo, given by Governor Pio Pico to his secretary, Cayetano Arenas. Arenas had hardly taken possession of the land when the uprising in Sonoma that led to the founding of the Bear Republic caused him and his father to dispose of the land to a San Francisco based mercantile company, Howard & Mellus. William Davis Merry Howard soon bought out his partner, Henry Mellus, planning to retire to the country to live in splendor with his young wife. Following his death eight years later in 1856, his estate was divided into thirds, one third for his wife, Agnes, one third for his son, William Henry Howard, and one third for his father-in-law, Joseph Henry Poett. At this point, several conflicting pieces of information create some confusion regarding the exact sequence of events. According to maps dated May 13, 1866 and 1868 on file with the San Mateo County Recorder's Office, it was Joseph Henry Poett who sold Anson Burlingame a portion of his allotment of the Howard property for the creation of his estate. There was also a deed, dated May 30,1866, which covered the sale of the land by Poett to Burlingame for $54,757.50. However, there was an additional deed, dated June 2, 1866, which covered the sale of the same land by Burlingame to Ralston for the sum of $1.00. Multiple sources indicate that it was through William C. Ralston that Anson Burlingame became aware of the desirability of an estate on the Peninsula. Ralston, a founder of the Bank of California, made his fortune in the development of the Comstock Lode. He admired the Peninsula's warm, tranquil setting of oak -clad rolling hills nestled between San Francisco Bay and the Pacific Coastal Range and created his magnificent estate at Belmont. One of the many famous guests invited to Ralston's estate was the United States Minister to China, appointed by President Lincoln, the Honorable Anson Burlingame. Following Anson Burlingame's death in 1870, D. O. Mills became the guardian of the Burlingame estate, and according to a January 29th, 1872 map also on file with the County Recorder's Office, Mills sold the property to Ralston. According to the account in Constance Lister's 1934 manuscript "A History of Burlingame," however, Ralston purchased the property where Burlingame now stands to the southern limits 33 of the old Buri Buri Rancho from Joseph Henry Poett, who inherited the property from his Bon- in -law, William D. M. Howard. She further states that it was Ralston who gave Burlingame a site for a future town on his holdings west of El Camino Real to be known as the Town of Burlingame in 1868. This conflicts with an account in the San Mateo Gazette of June 13, 1874, which states that Messrs. Sharon and Ralston had just purchased 400 acres of Burlingame's land where they had begun plans to lay out a town. Though some survey work was undertaken, and several local property owners hired John McLaren, head gardener for the Howard Family, to landscape their frontages on El Camino Real with elms and eucalyptus, no actual construction had begun by the time of Ralston's death in 1875. At that time the property was taken over by his partner, William Sharon, who used the property as a dairy farm to supply the Palace Hotel in San Francisco, which he had also acquired at Ralston's death. Following the death of Senator Sharon, his son-in-law, Francis Newlands, assumed control of the property. It was Newlands who finally began the subdivision of the property, beginning with the Burlingame Country Club and the surrounding five cottages in 1893, and followed quickly by the creation of the Burlingame train station in 1894. A map, dated March 15, 1897 and titled Map No. 1 of the Town of Burlingame, showed the layout of the town covering the area from El Camino Real to Dwight Road and Peninsular Avenue to Burlingame Avenue. In 1901, the first two stores opened for business on Burlingame Square, across from the train station. The town grew slowly until 1906, when the San Francisco earthquake and fire sent hundreds of people in search of a safe residential area. Burlingame was the choice of many, and the town was incorporated in 1908. The year before incorporation, the volunteer fire department was established, and in 1909, came the establishment of the first library. 1 Courtesy of the Burlingame Historical Society 34 The central section of Burlingame, stretching from Sanchez Creek in the south to Mills Creek in the north, was created by the annexation of the Town of Easton in 1910. This land originally was a portion of Rancho Buri Buri, a land grant of some 15,000 acres that had belonged to Jose Antonio Sanchez beginning in 1835. Upon his death in 1843, the Rancho was divided among his 10 children, the southernmost section going to his son, Jose Isidro (Chino) Sanchez. By 1854, financial problems had caused him to lose the property, and in 1860, Ansel Ives and Adeline Mills Easton purchased the land and created their Black Hawk Ranch. It was the Eastons' son, Ansel Mills Easton, who subdivided the estate and created the town of Easton. The earliest map of the subdivision found on file with the County dates from 1905, delineating an area from California Drive to El Camino Real and Sanchez Creek to Broadway, designated as Easton Addition No. 1. Mr. Easton built a store at the corner of Chula Vista and Buri Buri (now Broadway), and, as the town expanded, established a public school at Cortez Avenue and Easton Drive in 1908, and a train stop, originally called Easton and later renamed Broadway. He also established his own streetcar service which began operation in 1913, running from Carmelita Avenue and California Drive to Hillside Drive and Alvarado Avenue, in an attempt to attract settlers. However, despite his efforts, sales of residential lots were slow, and in 1918, the line was discontinued. It was not until the 1920s that there was a rush of activity in the area. The northernmost section of Burlingame was established by the annexation of the major portion of the estate of Darius Ogden Mills in 1954. The land, from Mills Creek in the south to Millbrae Avenue in the north, was also originally part of the Buri Buri Rancho, and was inherited by Jose de la Cruz Sanchez in 1843. Like his brother, Chino, he was plagued by financial problems and lost his property, which was bought by Mills and his wife around 1860. A magnificent mansion was built and the home was enjoyed by three generations of the Mills family, largely as a vacation retreat, until the 1950s. The heirs of D. 0. Mills sold the property to the Trousdale Development Corporation, and following a prolonged dispute between the towns of Burlingame and Millbrae over annexation, in 1954 it was decided to divide the property along what is now Murchison Drive, the southern portion, from Mills Creek to Murchison, going to Burlingame and the northern portion, from Murchison to Millbrae Avenue, going to Millbrae. In addition to the residential area that was created west of El Camino Real, a commercial and light industrial complex was developed on the eastern section of the estate. After more than 100 years, Burlingame retains the very qualities that impressed and attracted its first residents. Compiled by the Burlingame Historical Society 4/2013 35