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8 DATE: March 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: AMENDING SECTION 2.36.200, “MEETINGS-ABSENTEEISM” OF CHAPTER 2.36, “CITIZEN ADVISORY COMMITTEES” 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 Amending Section 2.36.200, “Meetings-Absenteeism” of Chapter 2.36, “Citizen Advisory Committees” of the Foster City Municipal Code (“FCMC”) 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.
On February 3, 2025, the Council introduced Ordinance No. 688, adding a new section
2.28.075, “Absenteeism” to Chapter 2.28 to specify requirements relating to the number of absences that would constitute a resignation for Planning Commissioners. At that meeting, the Council requested an opportunity to make similar revisions to Section
2.36.200 relating to Citizen Advisory Committees.
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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 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.
Absenteeism can impede the ability of any Citizens Advisory Committee to conduct its business. When members of a Committee are consistently absent and do not attend meetings, the body is not able to 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 Committee 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 revise section
2.36.200 relating to absences for Citizens Advisory Committees consistent with the provisions in the new Section 2.28.075 for absences of the Planning Commission.
Section 2.36.200- Citizens Advisory Committees
The proposed ordinance would specify that absences from any three (3) consecutive regular meetings would constitute a resignation in subsection “A.” Subsection “B” to Section 2.36.200 would specify that absences from any five (5) regular or special meetings (either consecutive or non-consecutive, with or without formal notification to 7 5
8 the committee chair or staff liaison) during a 12-month period shall be deemed to constitute a resignation from the committee. The proposed ordinance would also add a subsection “C” to clarify the process for the staff liaison if a resignation occurs pursuant to either subsection “A” or “B”. (Attachment 2-Redline of Section 2.36.200).
The proposed attendance requirements for the Advisory Committees in Subsection “B” would be consistent with the Planning Commission attendance requirements by specifying that five (5) absences from any regular or special meetings shall constitute a resignation. However, Council may want to consider differing the attendance requirements even further depending on how frequently the Committee meets. For example, the Citizen Sustainability Advisory Committee, Traffic Review Committee, and the Parks and Recreation Committee meet at least once a month, but the Audit Committee only meets twice per year and the Youth Advisory Committee meets approximately nine times per year (once per month from September to May). Thus, the Council may want to revise Subsection “B” to require a lower threshold of absences for the Audit Committee and the Youth Advisory Committee.
Any revisions to the proposed ordinance may be made prior to introduction of the proposed Ordinance.
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 2.36.200