§ 2.08.090  COUNCIL PUBLIC ISSUE AGENDA POLICY.
   (A)   The Council shall have all legislative power of a city granted by the California Constitution and applicable California Supreme Court decisions which recognize "that as representatives of local communities, boards of supervisors and city councils have traditionally made declarations of policy on matters of concern to the community whether or not they had the power to effectuate such declarations by binding legislation.  Indeed one of the purposes of local government is to represent its citizens before the Congress, the Legislature, and administrative agencies in matters over which the local government has no power."  Farley v. Healey, 67 Cal 2d 325, 329 (1967).  In accordance with these principles, the Town Council hereby adopts an agenda policy that encourages consideration of a broad range of public issues.
   (B)   The Town Council, recognizing that the health and welfare of the town is inextricably intertwined with that of regional, state, national and international communities and economies, hereby adopts an agenda policy which encourages discussion of a broad range of proposed resolutions on public issues, including those of regional, state, national and international concern.  Such resolutions may be transmitted to county, state or federal elected or administrative officials as determined by the Council in the exercise of its discretion.  The Council may hear such items on its regular agenda or consent calendar, or set a duly noticed special meeting to hear the item.
   (C)   In conformity with the procedural rules and substantive authority granted to the Council by state law and the Town Code, the Council may place on the agenda during a duly noticed meeting the discussion and consideration of any issues of public concern, including those of regional, state, national or international concern presented to it by the usual methods (including but not limited to a resident's request at open time, by a letter to the Council, or other means).  In addition, the Council shall place on the agenda during a duly noticed meeting the public discussion and consideration of any such issue of public concern if presented with a residents’ petition signed by 25 residents of the town urging consideration of the issue.  If a residents' petition is timely presented, the issue shall be placed on the agenda of the next regular meeting of the Council.  If such residents' petition is not presented in time to be placed on the agenda for the next regular meeting, it shall be placed on the next upcoming regular or special meeting agenda.  The Council is authorized to transmit resolutions passed under this section to the President, members of Congress, the Governor, the California State Legislature and other governing bodies and administrative agencies, as the Council deems appropriate in the exercise of its discretion.
   (D)   In setting an issue on an agenda for consideration under this section, the Council shall place the item after public hearings and agenda items of exclusively local concern to Fairfax residents.  This requirement does not, however, diminish the authority of the Council to amend an agenda at a meeting to advance, for public discussion, an issue of concern under this section.
(Ord. 733, passed 4-16-2008)