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8 DATE: February 3, 2025
TO: Mayor and Members of City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk Denise Bazzano, Assistant City Attorney
DEPARTMENT: Communications/City Clerk
City Attorney
SUBJECT: ADDING A NEW SECTION 2.28.075, “MEETINGS-ABSENTEEISM” OF CHAPTER 2.28, “PLANNING” TO THE FOSTER CITY
MUNICIPAL CODE TO SPECIFY THE NUMBER OF ABSENCES
THAT WOULD CONSTITUTE A RESIGNATION
RECOMMENDATION
It is recommended that the City Council introduce by title and waive further reading of an Ordinance adding a new Section 2.28.075, “Meetings-Absenteeism” of Chapter
2.28, “Planning” to the Foster City Municipal Code to specify the number of absences that would constitute a resignation.
EXECUTIVE SUMMARY
On November 4, 2024, the Council considered a request by former Councilmember Jon Froomin to agendize a discussion regarding attendance requirements for resident appointees to City Committees and Commissions. A majority of Councilmembers supported having that discussion. Given that these changes would be very minor amendments, staff prepared a draft ordinance to add absenteeism requirements for the Planning Commission by adding a new section 2.28.075. Since there is an established policy for absenteeism for the Citizens Advisory Committees in the FCMC Section
2.36.200, staff is recommending to keep the current absenteeism wording for the Citizen Advisory Committees as there are varying meeting schedules for each committee.
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8 BACKGROUND
The City Council has the power to establish Citizen Advisory Committees and a Planning Commission, pursuant to Government Code section 65100, and to delegate certain duties to those bodies. In Foster City, there are a number of Citizens Advisory Committees that recommend and advise the Council on special issues. Citizens Advisory Committees include the following: Audit, Parks and Recreation, Traffic Review, Youth Advisory, Citizens Sustainability Advisory Committee and the Building Board of Appeals. Each advisory committee has varying meeting schedules, where some committees meet more often than others. The Planning Commission is a decision-making body as well as an advisory body to the Council and plays a vital role in the overall site and architectural development, and the redevelopment of properties of all commercial, industrial and residential districts in the City. The Planning Commission has regular meetings twice per month, with additional special meetings scheduled as needed.
The Citizens Advisory Committees and the Planning Commission are established by formal action of the City Council and are therefore subject to the California Brown Act meeting requirements, including that a majority of the body are necessary to conduct a “meeting.” The City Council has also established various procedural rules and regulations for Citizens Advisory Committees (codified in Chapter 2.36 of the City’s Municipal Code) and the Planning Commission (codified in Chapter 2.28 of the City’s Municipal Code).
With regard to absenteeism for Citizens Advisory Committees, currently Section
2.36.200 of FCMC Chapter 2.36 requires, among other things, that any absence of a committee member for three consecutive regular meetings without formal notification to the committee chair or staff liaison is deemed to constitute resignation from the committee. The staff liaison is then required to provide notice of resignation to the City Clerk. For the Planning Commission, Chapter 2.28 does not have any requirements regarding absences.
Compliance with the Brown Act and the procedural requirements in Chapter 2.28 is critical to ensure that the Planning Commission can effectively conduct the City business delegated to them by the City Council. Absenteeism can impede the ability of the Planning Commission to conduct its business. When members of the Planning Commission are consistently absent and do not attend meetings, the body can oftentimes struggle to come to a consensus or even convene a meeting when less than a majority (or quorum) of the body is present. Absenteeism not only affects the productivity and efficiency of the Commission but it also creates additional work for City staff in having to cancel and reschedule meetings.
ANALYSIS
Staff has prepared the attached proposed ordinance (Attachment 1) to add a new Section 2.28.075 for absences of the Planning Commission. 7 5
8 Section 2.28.075- Planning Commission
This new section 2.28.075 adds absenteeism requirements to the Planning Commission requirements in Chapter 2.28 and builds upon the requirements for Citizens Advisory Committees. Similar to the committee requirements, absence from any three (3) consecutive regular meetings without formal notification to the commission chair or staff liaison shall be deemed to constitute resignation from the Planning Commission. The primary difference, however, is that in subsection “B” of section 2.28.075, Planning Commissioners’ absence from any five (5) regular or special meetings (either consecutive or non-consecutive, with or without formal notification to the committee chair or staff liaison) during a calendar year shall be deemed to constitute resignation from the Planning Commission. The proposed ordinance has been drafted to allow the Planning Commission to be absent from two additional meetings because the Planning Commission typically meets more often than the Citizens Advisory Committees, but attendance is crucial. The proposed number of absences is a suggestion by staff and Council may decide to increase or decrease the number of absences prior to introduction of the proposed ordinance. (See Attachment 2 - Redline of Section 2.28.075)
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this would be a purely administrative change and not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT
There is no direct fiscal impact associated with this item.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement Staff Empowerment and Operational Excellence
ATTACHMENTS:
Attachment 1 – Proposed Ordinance
Attachment 2 – Redline of Section 2.28.075