2002-104-Recinding Resolution 1991-279 And Resolution 1996-31, And Amending Resolution 1995-44, Pertaining To The Building Board Of Appeals.RESOLUTION N0.2002 -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:
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.
Q
The .Fire 1Vlarshallshall 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 avice-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 occurthe 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:
Residency in Town is required for appointment and continued membership
on the following boards and commissions:
Arts Commission Community Services. Commission
Conceptual Development Advisory Committee General Plan Committee
Historic Preservation Committee Library Board
Planning Commission 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 Board of Appeals
Development Review Cornrnittee Newsrack Committee
Parking Commission
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 theist day of July, 2002 by the following vote:
COUNCIL MEMBERS
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Przynski,
Mayor Randy Attaway.
NAYS.: None
ABSTAIN: None
ABSENT: None
SIGNED:
MAYO F THE TO OF LOS GATOS
LOS G TOS, CALIF RNIA
ATTEST:.
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CLEI~.K OF THE TOWN OF LO TOS
LOS GATOS, CALIFORNIA