Foster City considers a new agenda policy

Because there is no defined process for councilmembers to shape agendas and because of concerns about the current process, staff is proposing a new policy in which an item will be placed on an agenda if a majority of councilmembers votes to do so.

“There has to be a policy, it cannot be left to interpretation,” Mayor Sam Hindi said, according to a video of a meeting, Nov. 4. “Staff has been getting conflicting messages [about what to put on the agenda] and quite frankly members of this council think they’re not being heard or getting what they want. This will clear all that up.”

The proposed policy would be in addition to the existing one and serve as an appeal of sorts to the agenda drawn up by the mayor and city manager. 

The new policy would also only apply to discretionary items as many efforts, for example passing a budget, are required by state law.

To avoid violating the Brown Act, California’s open meeting law which restricts how the council speaks to each other outside of public meetings, staff would place a question on an agenda asking the council if it’s interested in pursuing a given item. The public would then weigh in and, if a majority of councilmembers voted to move forward with it, staff would then return with a more detailed proposal at the next meeting,

“This can be implemented in a way to meet the Brown Act,” said City Attorney Jean Savaree.

While Savaree said the proposed policy is legal, Vice Mayor Herb Perez described it as “immoral” and “undemocratic” because three councilmembers could block an item that the community might want from appearing on an agenda. 

“The idea that any three members of a council could — to the detriment to the public trust — choose not to put an agenda item is abhorrent and a violation of democracy in general,” he said. “It is a de facto vote should you decide it takes three members of the council to put an item on the agenda.” 

But Perez’s colleagues did not appear to agree and ultimately directed staff to explore similar policies adopted by other cities and then return with a more refined proposal in the future.

“Let’s look at policies [in other cities], see how they’re worded and then have a discussion and maybe figure something out that’s better worded than what we have here,” said Councilwoman Catherine Mahanpour.

zachary@smdailyjournal.com

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