Loading...
07 Staff Report - Revisions to Town Advisory BodiesCOUNCIL AGENDA REPORT DATE: June 28, 2002 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: MEETING DATE: 7/1/02 ITEM NO. REVISIONS TO TOWN ADVISORY BODIES: TRAILS AND BIKEWAYS COMMITTEE, PARKING COMMISSION, PARKS COMMISSION, BUILDING BOARD OF APPEALS; AND COMMISSION ATTENDANCE REQUIREMENTS RECOMMENDATION: 1. Adopt a resolution rescinding Resolution 1993-60, which established the Trails and Bikeways Committee, and transferring its duties and functions to other Town advisory bodies (Attachment 1). 2. Adopt a resolution rescinding Resolution 1988-218, which established the Parking Commission, and establishing the Transportation and Parking Commission (Attachment 2). 3. Introduce an ordinance amending Town Code Sections 19.20.010 through 19.20.040, "Parks Commission" (Attachment 3). [ITEM TO BE CONSIDERED AS A PUBLIC HEARING, ON THAT PORTION OF THE COUNCIL AGENDA.] a. Open and hold a public hearing. b. Close the public hearing. c. Direct the Town Clerk to read the title. d. Waive the reading. e. Introduce the Ordinance amending Los Gatos Town Code Sections 19.20.010 through 19.20.040, "Parks Commission," and instruct the Town Clerk to publish a summary no more than five (5) days prior to adoption. 4. Adopt a resolution establishing the Parks Commission (Attachment 4). 5. Adopt a resolution rescinding Resolutions 1991-279 and 1996-31, which established the Building Board of Appeals, and establishing new terms and conditions for appointment to and conduct of the Building Board of Appeals (Attachment 5). PREPARED BY: Regina A. Falkner Community Services Directo Reviewed by: S Assistant Town Manager (,Gown Attorney Clerk Finance Community Development PPW Police Revised: 6/28/02 1 1:40 am Reformatted: 5/30/01 .lbtceee-t- e,e-ua2ccil- PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: REVISIONS TO TOWN ADVISORY BODIES June 28, 2002 6. Provide direction to staff regarding attendance requirements for Town Commission, Committee, and Board members. BACKGROUND: At the April 2001 Council/Commission Retreat, a common theme that surfaced was the need for role clarification as it related to the duties of Commissions, and their relationships with other advisory bodies. In some cases, community issues have shifted since Commissions were established, and more recent issues are not being addressed. In other cases, community issues are addressed by more than one advisory body, resulting in duplication of effort. After_the 2001 Retreat, staff worked with the Commissions to resolve these issues. At the April 2002 Retreat, Council and Commissions again discussed the need for role clarification, and directed staff to proceed with the reorganization of various Commissions, as reflected in this report. DISCUSSION: Trails and Bikeways Committee The adopted scope of the Trails and Bikeways Committee is to provide assistance to the Planning Commission on any issue related to trails and/or bikeways. However, both the Trails and Bikeways Committee and the Parks Commission have regularly addressed the topics of open space and trails. Both Commissions recommend that the Trails and Bikeways Committee be disbanded, that the Parks Commission be made responsible for open space and off-street trails issues, and that the new Transportation and Parking Commission be delegated responsibility for bikeways and related street routes. The draft resolution (Attachment 1) rescinds Resolution 1993-60, which established the Trails and Bikeways Committee. Advisory oversight for open space and off-street trails issues will be given to the Parks Commission through the draft resolution regarding the Parks Commission (Attachment 4). Advisory oversight for bikeways and related street routes will be given to the new Transportation and Parking Commission through its draft enabling resolution (Attachment 2). Transportation and Parking Commission The function of the current Parking Commission is to advise the Council on matters related to parking in the Central Business District. There are, however, a number of other traffic -related issues which would be best centralized with a single advisory body. These issues include bikeways and related street routes, traffic calming, safe routes to school, traffic studies, traffic safety, and the Downtown Parking Management Plan. Staff recommends that the existing Parking Commission be disbanded, and a new Transportation and Parking Commission be created to have oversight of Transportation and Parking. The draft resolution (Attachment 2) rescinds Resolution 1988-218, which established the Parking Commission, and creates the new Transportation and Parking PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: REVISIONS TO TOWN ADVISORY BODIES June 28, 2002 Commission. The proposed resolution includes language to give the new Commission advisory oversight responsibility for bikeways and street routes, as noted above. Once the new Commission is established, the Town Clerk will recruit its members, according to standard Town procedure for Commission member recruitment. Parks Commission The Parks Commission was created to advise Council on any issue related to public parks, grounds, street trees, and beautification. Unlike most other Commissions, the Parks Commission was established in the Town Code (Section 19.20.010). This complicates the process for making changes to the Commission's composition, roles, or duties, in response to changing community needs. Staff recommends that the Town Code be revised to state that Council will establish a Parks Commission through resolution, and that Council then adopt a resolution establishing the Parks Commission and listing its areas of responsibility. The draft ordinance (Attachment 3) revises Town Code Sections 19.20.010 through 19.20.040, which established the Parks Commission, to state only that Council will establish a Parks Commission through resolution. All the rest of the language contained in these Sections will be deleted. The draft resolution (Attachment 4) establishes a Parks Commission, pursuant to the revised Town Code Section 19.20.010, and sets out its structure and duties. The majority of the language contained in the draft resolution has been lifted from the current Town Code Sections 19.20.010 through 19.20.040, which previously set out the Commission's structure and duties, with the following changes: • Term of office for Chair and Vice -Chair to begin in March, instead of May, to improve functionality based on field experience • Area of advisory responsibility enlarged, to include off-street trails and open space Action on the draft ordinance includes introduction of the ordinance, which must be considered under the Public Hearing section of the Council agenda. A separate staff report, duplicating the information in this "Parks Commission" section, has been prepared for the public hearing as a separate item on this agenda. The public hearing was advertised in both the Los Gatos Weekly and the San Jose Mercury News. Building Board of Appeals The Town has found it difficult to find a sufficient number of applicants willing and qualified to serve on the Board of Appeals due to the required number of members and the residency requirement. The proposed resolution (Attachment 5) would reduce the membership of the Board from five to three members. It would also change the residency requirement, which currently states that all Board members must be a resident of the Town, to require that two of the members be a resident and one shall conduct business or own property in the Town. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: REVISIONS TO TOWN ADVISORY BODIES June 28, 2002 Attendance Requirements The Town's attendance policy for Commissioners, governed by Resolution 1988-173, states, "Absence from three consecutive regular meetings without formal consent of the Chair is deemed to constitute a resignation. Appeals can be made to the Town Council." At its 2002 Retreat, Council expressed a desire to create a more rigorous attendance policy, with the goal of improving attendance and participation at Commission meetings. If Council so directs, staff will draft an attendance policy which rescinds the appeal process; instead, any Commission member missing three consecutive regular meetings without authorization would lose his or her seat, and the vacant position would be filled by Council. Notice would be given to all Commission, Committee, and Board members that a new attendance policy was under review, and the new policy would then be brought to Council for adoption via resolution. CONCLUSION: The actions recommended in this report are the result of thoughtful, continued discussions between Council, Commission members, and staff. They implement solutions to issues raised at both the April 2001 and April 2002 Council/Commission Retreats. Although significant discussion and staff work have preceded these recommendations, further changes and refinements may be needed as they are put into practice. Staff will monitor the progress of these changes with the affected Commissions for any improvements that should be brought forward overtime. Progress will also be evaluated at the 2003 Council/Commission Retreat. ENVIRONMENTAL ASSESSMENT: The recommended actions are not projects defined under CEQA, and no further action is required. FISCAL IMPACT: No additional fiscal impact to the Town will result from the recommended actions. Attachments: 1. Draft resolution rescinding Resolution 1993-60, which established the Trails and Bikeways Committee, and transferring its duties and functions to other Town advisory bodies 2. Draft resolution rescinding Resolution 1988-218, which established the Parking Commission, and establishing the Transportation and Parking Commission 3. Draft ordinance amending Los Gatos Town Code Sections 19.20.010 through 19.20.040, "Parks Commission" 4. Draft resolution establishing the Parks Commission 5. Draft resolution rescinding Resolutions 1991-279 and 1996-31, and establishing new terms and conditions for appointment to and conduct of the Building Board of Appeals PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: REVISIONS TO TOWN ADVISORY BODIES June 28, 2002 Distribution: Arts Commission members Community Services Commission members Historic Preservation Committee members Trails and Bikeways Committee members Parking Commission members RAF:JLM/j Im Building Board of Appeals members Library Board members Planning Commission members Parks Commission members N:1CSD\TCRPTS\commissionrevisions. wpd *./ '`...,J Attachment 1 RESOLUTION NO. 2002- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION NO. 1993-60, THEREBY REPEALING THE TRAILS AND BIKEWAYS COMMITTEE WHEREAS, the Town Council wishes to address the needs of its community in the most efficient way possible; and WHEREAS, the Town Council wishes to centralize advisory responsibility for open space and off-street trails issues with the Parks Commission; and WHEREAS, the Town Council wishes to centralize advisory responsibility for bikeways and related street route issues with the Transportation and Parking Commission. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: that Resolution 1993-60 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002 by the following vote: COUNCIL MEMBERS: AYES: NAYS: AB SENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSMICRPTS\Resolutions\trailsbikeways.wpd 1 Csi>v�o�az. 14T ••• ,,/ `...../` `wol \ttachrnent a TRANSPORTATION AND PARKING COMMISSION RESOLUTION NO. 2002- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE NEED FOR A PARKING AUTHORITY; DECLARING THE TOWN COUNCIL TO BE THE PARKING AUTHORITY; ESTABLISHING THE TRANSPORTATION AND PARKING COMMISSION; AND RESCINDING RESOLUTIONS NO. 1988-218 AND 1991-205 WHEREAS, transportation issues throughout the Town need to be carefully evaluated to ensure that the quality of life in the Town is positively impacted by proper transportation management; WHEREAS, traffic congestion and speeding, particularly in the residential neighborhoods, is also an ongoing problem within the Town of Los Gatos; and WHEREAS, pursuant to Section 3650 of the Streets and Highways Code of the State of California there has been created and now exists a public body corporate and politic known as the Parking Authority of the Town of Los Gatos in accordance with the provisions of the Parking Law of 1949; and WHEREAS, the Parking Law of 1949 provides that the Parking Authority shall not transact any business or exercise any powers unless and until the Council by resolution declares that there is need for the Authority to function in the Town of Los Gatos; and NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS: 1. There is a need for a Parking Authority to function in the Town of Los Gatos and this Council hereby so declares and determines. a. The Council hereby declares itself to be the Parking Authority, and all of the rights, powers, duties, privileges, and immunities vested by the Parking Law of 1949 in the members of the Parking Authority shall be vested in the Council of the Town of Los Gatos as the Parking Authority of the Town of Los Gatos. b. The purpose of the Parking Authority is to establish and manage parking improvements in the Central Business District. c. The Mayor of the Town of Los Gatos shall act as the chairperson and presiding officer of the Parking Authority of the Town of Los Gatos; and the Town Clerk and Town Treasurer, respectively, of the Town of Los Gatos shall act as Clerk and Treasurer of the Parking Authority of the Town of Los Gatos. There is a need for a Transportation and Parking Commission to function in the Town of Los Gatos to review and recommend actions relating to traffic calming, bikeways, parking, and related local traffic issues. a. There is hereby established a Transportation and Parking Commission which shall generally be responsible for advising the Town Council regarding local transportation and parking strategies and for advising the Parking Authority on matters pertaining to parking in the Central Business District. b. Membership / Organization i. The Transportation and Parking Commission shall consist of seven (7) members. At least one (1) member must be a resident of the Downtown area. ii. Members first appointed to the Commission shall so classify themselves by lot that the terms of the first members shall end as follows: the term of two (2) members shall expire on January 1, 2003; the term of two (2) members shall expire on January 1, 2004; the term of two (2) members shall expire on January I, 2005, and the term of one (1) member shall expire January l , 2006. Succeeding members shall serve a term of four (4) years and until their successors are appointed and qualified, except any appointments to fill an unexpired term shall be for such unexpired period. iii. At its first meeting, or as soon as possible thereafter, the Commission shall elect officers and adopt bylaws for the conduct of business. The Commission shall appoint and prescribe the term of office for its Chair and Vice -Chair. iv. Five voting members of the Commission shall constitute a quorum for the purpose of transacting business. v. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy. vi. The Commission shall hold a regular meeting at least once each month. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following). vii. Minutes of the action's taken during its meetings shall be kept and filed with the Town Clerk. viii. Meeting attendance requirements will conform with current Town Resolution. c. The duties of the Commission shall include the following: i. Provide advice and reviews and recommendations to the Town Council on all matters related to transportation and parking within the Town, excluding matters related to parking management within the Central Business District, which advice reviews and recommendations shall be forwarded to the Parking Authority. ii. Review, monitor, and make long-range recommendations concerning the construction, operation, and maintenance of publicly owned off-street parking lots and structures and on -street parking spaces within the Central Business District. iii. Review, monitor, and make recommendations regarding parking meter rates and limits; parking meter replacement; directional sign placement, and parking lot traffic patterns. iv. Advise on fees and assessments for the parking improvement program. v. Make recommendations regarding the allocation of funds derived from revenues collected on behalf of the Parking Authority. The recommendations shall be based on allowed uses of such proceeds consistent with state and local law. vi. Review and approve staff proposals to provide traffic calming measures in accordance with the approved Traffic Calming Policy. Such proposals, if implemented, would be temporary. Permanent installations of traffic calming measures would be made with a consensus of the affected neighborhood and the approval of the Town Council. vii. Advise the Town Council on policy matters relating to local transportation issues, as requested by the Town Council. viii. Advise the Town Council on policy matters relating to bikeways and bicycle system planning, with such recommended policies and systems to be approved by the Town Council. ix. Perform other duties as may from time to time to be prescribed by the Parking Authority or the Town Council. 3. This Resolution shall take effect immediately upon its adoption. BE IT FURTHER RESOLVED that Resolution No. 1988-218 and Resolution No. 1991-205 are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS/ LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IC S DITCRPTSIResolutions\parkingcomreso. wpd ORDINANCE NO. 1.10 C attachment 3 ORDINANCE AMENDING THE LOS GATOS TOWN CODE CHAPTER 19, ARTICLE II, PARKS COMMISSION (SECTIONS 19.20.010 THROUGH 19.20.040) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I A. Section 19.20.010 of the Town Code is hereby amended to read as follows: Sec. 19.20.010. Created. The Town Council shall establish a Parks Commission for the Town by resolution. B. Section 19.20.015 of the Town Code is hereby deleted. C. Section 19.20.020 of the Town Code is hereby deleted. D. Section 19.20.025 of the Town Code is hereby deleted. E. Section 19.20.030 of the Town Code is hereby deleted. F. Section 19.20.035 of the Town Code is hereby deleted. G. Section 19.20.040 of the Town Code is hereby deleted. SECTION II This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 1, 2002, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 2002. This ordinance takes effect thirty (30) days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: OrN- Attachment 3 ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:ICSDITCRPTS\Resolutionslparkscommissionordinance. wpd Attachment 4 PARKS COMMISSION RESOLUTION NO. 2002- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE PARKS COMMISSION WHEREAS, Section 19.20.010 of the Los Gatos Town Code states that the Town Council shall establish a Parks Commission; and WHEREAS, the Town Council wishes to establish a Parks Commission, with advisory oversight for issues related to public parks, off-street trails, open space, grounds, street trees, and Town beautification. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: 1. There is hereby created a Parks Commission for the Town. 2. The Commission shall be advisory to the Town Council and shall operate in the manner hereinafter prescribed. 3. Membership/Organization a. The Parks Commission shall consist of nine (9) members, eight (8) of whom shall reside within the Town, one (1) of whom may reside within Monte Sereno, Los Gatos, or the unincorporated areas of Los Gatos. All commissioners shall be appointed by the Town Council. b. Two (2) youth members of the Commission shall, at the time of their appointment, have completed the ninth grade, shall be students enrolled in an accredited school and shall be no more than eighteen (18) years old. c. The Commission shall develop a procedure regarding recruitment of youth members for Council approval. The terms of office of the student members shall be one (1) 1 Attachment 4 year, commencing October first and ending September thirtieth. d. The terms of office of all other members of the Commission shall be four (4) years and until their successors are appointed and qualify. The members' terms of office are staggered and overlapped so that the terms of no more than one-third of the members expire each year. e. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy. f. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following.) g. The Parks Commission shall hold regular meetings at least once a month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. A majority of the Parks Commission shall constitute a quorum for the purpose of transacting the business of the Commission. The Parks Commission shall elect a Chair and a Vice -Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one (1) year and shall begin on the first meeting in March and end the following March. h. Staff services as required shall be provided to the Parks Commission by the Director of Parks and Public Works, who shall also serve as Secretary of the Commission without vote. Meeting attendance requirements will conform with current Town Resolution. j. The Secretary of the Parks Commission shall keep a record of all proceedings, resolutions, findings, determinations, and transactions of the Commission, which records shall be a public record, and a copy of which shall be filed with the Town Clerk. 4. Powers and duties. The duties of the Parks Commission shall be to: 2 Attachment 4 a. Act in an advisory capacity to the Town Council in matters pertaining to public parks, off-street trails, open space, grounds, street trees, and Town beautification, and to cooperate with other governmental agencies and civic groups in the advancement of sound planning and programming for parks and street trees. b. Review policies and procedures on park, trail, open space, street tree, and beautification programs for approval by the Town Council. c. Review periodic inventories of parks, street tree, trails, open space, and beautification services that exist or may be needed, and interpret the needs of the public, within these areas, to the Town Council. d. Aid in coordinating the park, open space, trail, street tree, and beautification services with the programs of other governmental agencies and voluntary organizations. e. Understand the policies and functions of the Town park, street tree, open space, trails, and beautification programs. f. Advise the Director of Parks and Public Works in the preparation of the annual budget for the parks, street tree, trails, open space, and beautification programs, and a long-range capital improvement program for these services. g. Hold hearings on matters pertaining to park, open space, and trails sites, their acquisition and development, capital expenditures, and municipal activities in relation to parks. 5. Not to affect powers of Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to the Parks Commission of any ofthe authorityor discretionary powers vested and imposed by law in such Council. The Town Council declares that the public interest, convenience, welfare and necessity require the appointment of a Parks Commission to act in a purely advisory capacity to such Council for the purposes enumerated in this resolution. 3 Attachment 4 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1 S` day of July, 2002 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:ICSDITCRPTS\Resolutions\parkscommissionreso.wpd CSI o-Z, 1T 4 Attachment 5 RESOLUTION NO. 2002- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1991-279 AND RESOLUTION 1996-31, AND AMENDING RESOLUTION 1995-44, PERTAINING TO THE BUILDING BOARD OF APPEALS WHEREAS, the Town Council, in adopting Resolution 1991-279, which was later amended by Resolution 1996-31, established the terms and conditions for appointment to and conduct of the Board of Appeals to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical rules, and in Resolution 1995-44 established a residency requirement for appointment and continuing membership on the Board of Appeals. WHEREAS, the Town Council has found it difficult to find a sufficient number of applicants willing and qualified to serve on the Board of Appeals due to the required number of members and residency requirement. WHEREAS, the Town Council now desires to rescind Resolutions 1991-279 and 1996- 31, and to amend Resolution 1995-44, in order to reduce the membership of the Board of Appeals from five (5) to three (3) members, and to allow non-resident business or property owners to become and remain members of the Board of Appeals, all in order to assist in maintaining full membership on the Board of Appeals in the event of an appeal. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: that the terms and conditions for appointment to and conduct of a Board of Appeals to hear and decide appeals of orders, decisions or determinations made .by the Building Official relative to the application and interpretations of the technical rules, are hereby established as follows: 1. Membership - Organization: a. The Board of Appeals shall consist of three (3) members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the Town of Los Gatos. The Building Official shall be an ex officio member and shall act as Attachment 5 secretary to said board but shall have no vote upon any matter before the board. The Fire Marshall shall act as an ex officio, non voting member for issues related to the fire code. The Board of Appeals shall be appointed by the Town Council. The term of appointment shall be four (4) years and until their successors are qualified and appointed. b. Two (2) of the members shall reside in the Town and one (1) member may conduct business or own property in the Town. c. The Board shall establish rules and procedures relative to the conduct of business before the Board, and the election and term of officers. The Board shall elect a chair and a vice -chair, both of whom shall serve at the pleasure of the Board. d. The Board of Appeals shall hold meetings annually and as necessary. Meetings shall occur the second Tuesday of February at 5:30 p.m. in the Town Council Chambers. The Board shall call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following). A majority of the Board shall constitute a quorum for the purpose of transacting the business of the Board. e. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk. f. Meeting attendance requirements will conform with current Town resolution. g. Board members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy. 2. Powers and Duties: The duties of the Board of Appeals shall be to hear and decide appeals or orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical codes. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of the Uniform Building Codes or the technical codes nor shall the Board be empowered to waive code requirements. BE IT FURTHER RESOLVED that section 1. of Resolution 1995-44 is hereby Attachment 5 amended to read as follows: 1. Residency in Town is required for appointment and continued membership on the following boards and commissions: Arts Commission Conceptual Development Advisory Committee Historic Preservation Committee Planning Commission Community Services Commission General Plan Committee Library Board Sister City Committee and that section 4. of Resolution 1995-44 is hereby amended to read as follows: 4. Residency in Town is not required for the following boards and commissions: Business Improvement District Board Development Review Committee Parking Commission Board of Appeals Newsrack Committee BE IT FURTHER RESOLVED that Resolution 1991-279 and 1996-31 are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the l st day of July, 2002 by the following vote: COUNCIL MEMBERS AYES: NAYS: ABSTAIN: ABSENT: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\buildingappealboard.wpd C.-5 0 J OZ i- " b OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: -122/2.h42J oiAgszm eioete._ RESOLUTION COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: Number: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL MEMBERS NAMES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor (or Chairman) RANDY ATTAWAY ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK FORMS-RESO-ORD it ft r T. L" YE -t - — 3_ t. r` ift_ ±- • , I _ 'I .-1 1k I = A: 7 P, L t - - I J. 7 • - re. Ell -- - OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: d.7)-Y7 COUNCIL AGENDA DATE: -7 - / - COUNCIL AGENDA ITEM: 7 b SUBJECT: loGaiL,t aft -pas,) Number: Date of Adopt: RESOLUTION ORDINANCE o2moa - /04 COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: Number: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL MEMBERS NAMES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor (or Chairman) RANDY ATTAWAY ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK:FORMS-RESO-ORD • . 7-t• TInt - • !:;' =L 1.234E • = _ . I 1: - I I. - • . - T_ z _ LL _7 12 -`" *1}•1;-14. - T172 :/ _I :•1- .77_17.0 I : j- I 7f-k- 1711 ;-; 171. z::1..] OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: Op>, 7� RESOLUTION COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: Number: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL MEMBERS NAMES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor (or Chairman) RANDY ATTAWAY ORDINANCE ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK:FORMS-RESO.ORD OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: )‘' • COUNCIL AGENDA DATE: 7- / D COUNCIL AGENDA ITEM: 7/3 SUBJECT: RESOLUTION Number: Date of Adopt: COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: Number: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL MEMBERS NAMES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor (or Chairman) RANDY ATTAWAY ORDINANCE ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK.FORMS-RESO-ORD OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: r COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: / rJ r SUBJECT: 6.,2zi-d-zia)�� RESOLUTION ORDINANCE Number:D�` /0 / Number: Date of Adopt: 7' / 0 2-- Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: OIL COUNCIL MEMBERS NAMES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor (or Chairman) RANDY ATTAWAY ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CL K. FOR,MMS-RESO-ORD RESOLUTION NO. 2002 - 104 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1991-279 AND RESOLUTION 1996-31, AND AMENDING RESOLUTION 1995-44, PERTAINING TO THE BUILDING BOARD OF APPEALS WHEREAS, the Town Council, in adopting Resolution 1991-279, which was later amended by Resolution 1996-31, established the terms and conditions for appointment to and conduct of the Board of Appeals to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical rules, and in Resolution 1995-44 established a residency requirement for appointment and continuing membership on the Board of Appeals. WHEREAS, the Town Council has found it difficult to find a sufficient number of applicants willing and qualified to serve on the Board of Appeals due to the required number of members and residency requirement. WHEREAS, the Town Council now desires to rescind Resolutions 1991-279 and 1996- 31, and to amend Resolution 1995-44, in order to reduce the membership of the Board of Appeals from five (5) to three (3) members, and to allow non-resident business or property owners to become and remain members of the Board of Appeals, all in order to assist in maintaining full membership on the Board of Appeals in the event of an appeal. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: that the terms and conditions for appointment to and conduct of a Board of Appeals to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of the technical rules, are hereby established as follows: 1. Membership - Organization: a. The Board of Appeals shall consist of three (3) members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the Town of Los Gatos. The Building Official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. r q F The Fire Marshall shall act as an ex officio, non voting member for issues related to the fire code. The Board of Appeals shall be appointed by the Town Council. The term of appointment shall be four (4) years and until their successors are qualified and appointed. b. Two (2) of the members shall reside in the Town and one (1) member may conduct business or own property in the Town. c. The Board shall establish rules and procedures relative to the conduct of business before the Board, and the election and term of officers. The Board shall elect a chair and a vice -chair, both of whom shall serve at the pleasure of the Board. d. The Board of Appeals shall hold meetings annually and as necessary. Meetings shall occur the second Tuesday of February at 5:30 p.m. in the Town Council Chambers. The Board shall call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following). A majority of the Board shall constitute a quorum for the purpose of transacting the business of the Board. e. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk. f. Meeting attendance requirements will conform with current Town resolution. g. Board members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy. 2. Powers and Duties: The duties of the Board of Appeals shall be to hear and decide appeals or orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical codes. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of the Uniform Building Codes or the technical codes nor shall the Board be empowered to waive code requirements. BE IT FURTHER RESOLVED that section 1. of Resolution 1995-44 is hereby amended to read as follows: 1. Residency in Town is required for appointment and continued membership on the following boards and commissions: Arts Commission Conceptual Development Advisory Committee Historic Preservation Committee Planning Commission Community Services Commission General Plan Committee Library Board Sister City Committee and that section 4. of Resolution 1995-44 is hereby amended to read as follows: 4. Residency in Town is not required for the following boards and commissions: Business Improvement District Board Development Review Committee Parking Commission Board of Appeals Newsrack Committee BE IT FURTHER RESOLVED that Resolution 1991-279 and 1996-31 are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the l st day of July, 2002 by the following vote: COUNCIL MEMBERS AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: ABSTAIN: ABSENT: None None None SIGNED: MAY Iy7• F THE TO LOS G ' TOS, CALIF ATTEST: CLERK OF THE TOWN OF LO TOS LOS GATOS, CALIFORNIA OF LOS GATOS RNIA RESOLUTION 2002 - 103 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE PARKS COMMISSION WHEREAS, Section 19.20.010 of the Los Gatos Town Code states that the Town Council shall establish a Parks Commission; and WHEREAS, the Town Council wishes to establish a Parks Commission, with advisory oversight for issues related to public parks, off-street trails, open space, grounds, street trees, and Town beautification. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: 1. There is hereby created a Parks Commission for the Town. 2. The Commission shall be advisory to the Town Council and shall operate in the manner hereinafter prescribed. 3. Membership/Organization a. The Parks Commission shall consist of nine (9) members, eight (8) of whom shall reside within the Town, one (1) of whom may reside within Monte Sereno, Los Gatos, or the unincorporated areas of Los Gatos. All commissioners shall be appointed by the Town Council. b. Two (2) youth members of the Commission shall, at the time of their appointment, have completed the ninth grade, shall be students enrolled in an accredited school and shall be no more than eighteen (18) years old. c. The Commission shall develop a procedure regarding recruitment of youth members for Council approval. The terms of office of the student members shall be one (1) year, commencing October first and ending September thirtieth. d. The terms of office of all other members of the Commission shall be four (4) 1 I 2 r a years and until their successors are appointed and qualify. The members' terms of office are staggered and overlapped so that the terms of no more than one-third of the members expire each year. e. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy. f. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following.) g. The Parks Commission shall hold regular meetings at least once a month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. A majority of the Parks Commission shall constitute a quorum for the purpose of transacting the business of the Commission. The Parks Commission shall elect a Chair and a Vice -Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one (1) year and shall begin on the first meeting in March and end the following March. h. Staff services as required shall be provided to the Parks Commission by the Director of Parks and Public Works, who shall also serve as Secretary of the Commission without vote. i. Meeting attendance requirements will conform with current Town Resolution. j. The Secretary of the Parks Commission shall keep a record of all proceedings, resolutions, findings, determinations, and transactions of the Commission, which records shall be a public record, and a copy of which shall be filed with the Town Clerk. 4. Powers and duties. The duties of the Parks Commission shall be to: a. Act in an advisory capacity to the Town Council in matters pertaining to public parks, off-street trails, open space, grounds, street trees, and Town beautification, and to cooperate with other governmental agencies and civic groups in the s. advancement of sound planning and programming for parks and street trees. b. Review policies and procedures on park, trail, open space, street tree, and beautification programs for approval by the Town Council. c. Review periodic inventories of parks, street tree, trails, open space, and beautification services that exist or may be needed, and interpret the needs of the public, within these areas, to the Town Council. d. Aid in coordinating the park, open space, trail, street tree, and beautification services with the programs of other governmental agencies and voluntary organizations. e. Understand the policies and functions of the Town park, street tree, open space, trails, and beautification programs. f. Advise the Director of Parks and Public Works in the preparation of the annual budget for the parks, street tree, trails, open space, and beautification programs, and a long-range capital improvement program for these services. g. Hold hearings on matters pertaining to park, open space, and trails sites, their acquisition and development, capital expenditures, and municipal activities in relation to parks. 5. Not to affect powers of Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to the Parks Commission of any of the authority or discretionary powers vested and imposed by law in such Council. The Town Council declares that the public interest, convenience, welfare and necessity require the appointment of a Parks Commission to act in a purely advisory capacity to such Council for the purposes enumerated in this resolution. 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None ATTEST: �� //� SIGNED: MAYOR OF E TOWN • ; LOS GATOS LOS GATOS, CALIFO' °�A v J. CLERK OF THE TOWN OF L GATOS LOS GATOS, CALIFORNIA 4 RESOLUTION 2002 - 102 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE NEED FOR A PARKING AUTHORITY; DECLARING THE TOWN COUNCIL TO BE THE PARKING AUTHORITY; ESTABLISHING THE TRANSPORTATION AND PARKING COMMISSION; AND RESCINDING RESOLUTIONS NO. 1988-218 AND 1991-205 WHEREAS, transportation issues throughout the Town need to be carefully evaluated to ensure that the quality of life in the Town is positively impacted by proper transportation management; WHEREAS, traffic congestion and speeding, particularly in the residential neighborhoods, is also an ongoing problem within the Town of Los Gatos; and WHEREAS, pursuant to Section 3650 of the Streets and Highways Code of the State of California there has been created and now exists a public body corporate and politic known as the Parking Authority of the Town of Los Gatos in accordance with the provisions of the Parking Law of 1949; and WHEREAS, the Parking Law of 1949 provides that the Parking Authority shall not transact any business or exercise any powers unless and until the Council by resolution declares that there is need for the Authority to function in the Town of Los Gatos; and NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS: 1. There is a need for a Parking Authority to function in the Town of Los Gatos and this Council hereby so declares and determines. a. The Council hereby declares itself to be the Parking Authority, and all of the rights, powers, duties, privileges, and immunities vested by the Parking Law of 1949 in the members of the Parking Authority shall be vested in the Council of the Town of Los Gatos as the Parking Authority of the Town of Los Gatos. b. The purpose of the Parking Authority is to establish and manage parking improvements in the Central Business District. c. The Mayor of the Town of Los Gatos shall act as the chairperson and presiding officer of the Parking Authority of the Town of Los Gatos; and the Town Clerk and Town Treasurer, respectively, of the Town of Los Gatos shall act as Clerk and Treasurer of the Parking Authority of the Town of Los Gatos. 2. There is a need for a Transportation and Parking Commission to function in the Town of Los Gatos to review and recommend actions relating to traffic calming, bikeways, parking, and related local traffic issues. a. There is hereby established a Transportation and Parking Commission which shall generally be responsible for advising the Town Council regarding local transportation and parking strategies and for advising the Parking Authority on matters pertaining to parking in the Central Business District. b. Membership / Organization The Transportation and Parking Commission shall consist of seven (7) members. At least one (1) member must be a resident of the Downtown area. ii. Members first appointed to the Commission shall so classify themselves by lot that the terms of the first members shall end as follows: the term of two (2) members shall expire on January 1, 2003; the term of two (2) members shall expire on January 1, 2004; the term of two (2) members shall expire on January 1, 2005, and the term of one (1) member shall expire January 1, 2006. Succeeding members shall serve a term of four (4) years and until their successors are appointed and qualified, except any appointments to fill an unexpired term shall be for such unexpired period. iii. At its first meeting, or as soon as possible thereafter, the Commission shall elect officers and adopt bylaws for the conduct of business. The Commission shall appoint and prescribe the term of office for its Chair and Vice -Chair. iv. Five voting members of the Commission shall constitute a quorum for the purpose of transacting business. v. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy. vi. The Commission shall hold a regular meeting at least once each month. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following). vii. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk. viii. Meeting attendance requirements will conform with current Town Resolution. c. The duties of the Commission shall include the following: i. Provide advice and reviews and recommendations to the Town Council on all matters related to transportation and parking within the Town, excluding matters related to parking management within the Central Business District, which advice reviews and recommendations shall be forwarded to the Parking Authority. ii. Review, monitor, and make long-range recommendations concerning the construction, operation, and maintenance ofpublicly owned off-street parking lots and structures and on -street parking spaces within the Central Business District. iii. Review, monitor, and make recommendations regarding parking meter rates and limits; parking meter replacement; directional sign placement, and parking lot traffic patterns. iv. Advise on fees and assessments for the parking improvement program. v. Make recommendations regarding the allocation of funds derived from revenues collected on behalf of the Parking Authority. The recommendations shall be based on allowed uses of such proceeds consistent with state and local law. vi. Review and approve staff proposals to provide traffic calming measures in accordance with the approved Traffic Calming Policy. Such proposals, if implemented, would be temporary. Permanent installations of traffic calming measures would be made with a consensus of the affected neighborhood and the approval of the Town Council. vii. Advise the Town Council on policy matters relating to local transportation issues, as requested by the Town Council. viii. Advise the Town Council on policy matters relating to bikeways and bicycle system planning, with such recommended policies and systems to be approved by the Town Council. ix. Perform other duties as may from time to time to be prescribed by the Parking Authority or the Town Council. 3. This Resolution shall take effect immediately upon its adoption. BE IT FURTHER RESOLVED that Resolution No. 1988-218 and Resolution No. 1991-205 are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: ABSENT: ABSTAIN: ATTEST: None None None SIGNED: MAYOR Of HE TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA )1 . LOS GATOS, CALIFO • A LOS GATOS/ RESOLUTION 2002 - 101 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION NO. 1993-60, THEREBY REPEALING THE TRAILS AND BIKEWAYS COMMITTEE WHEREAS, the Town Council wishes to address the needs of its community in the most efficient way possible; and WHEREAS, the Town Council wishes to centralize advisory responsibility for open space and off-street trails issues with the Parks Commission; and WHEREAS, the Town Council wishes to centralize advisory responsibility for bikeways and related street route issues with the Transportation and Parking Commission. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: that Resolution 1993-60 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: ABSENT: ABSTAIN: None None None SIGNED: MAYOR OF LOS GATOS, 62SD ATTEST: . CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN Oil OS GATOS CALIFORNI • 1