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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY 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 FROM MEETINGS
THAT WOULD CONSTITUTE A RESIGNATION
CITY OF FOSTER CITY
WHEREAS, a City Council has broad authority to appoint boards and commissions as part of the sub-government of the city, unless otherwise limited by state law; and
WHEREAS, the powers, duties, and method of appointment are established by the City Council, which defines the extent of the board or commission’s authority; and
WHEREAS, the City Council has the power to establish advisory committees and a Planning Commission, pursuant to Government Code section 65100, and to delegate certain duties to those bodies; and
WHEREAS, each member appointed by the City Council serves at the pleasure of the City Council; and
WHEREAS, attendance of members of the Planning Commission at noticed regular and special meetings is critical to ensure that the business of the City is conducted in an efficient and expedient manner; and
WHEREAS , the City Council desires to establish clear requirements applicable to all Planning Commission Members relating to absenteeism to ensure that Members of that body regularly attend the scheduled meetings and to specify the number of absences from meetings that would constitute a resignation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds that the foregoing recitals are true and accurate and are incorporated herein by reference.
Section 2.Add. Section 2.28.075, “Meetings-Absenteeism” is hereby added to Chapter 2.28, “Planning” within Title 2 of the Foster City Municipal Code to read as follows:
“2.28.075 Meetings- Absenteeism.
A. Absence from any three (3) consecutive regular meetings shall be deemed to constitute resignation from the planning commission.
B. Absence from any five (5) regular or special meetings (either consecutive or non-consecutive and either with or without formal notification to the committee 2 9
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chair or staff liaison) during a 12-month period shall be deemed to constitute a resignation from the planning commission.
C. If a resignation occurs pursuant to subsection A or B, the staff liaison shall cause notice of such resignation to be given to the city clerk for appropriate action and a vacancy will be deemed created and shall be filled pursuant to Section 2.28.060.” Section 3. CEQA. This 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.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Foster City hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.
Section 6. Publication; Certification. The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published in accordance with State law.
This Ordinance was introduced and read on the 3rd day of February, 2025, and passed and adopted on the18th day of February, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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STACY JIMENEZ, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK