Attachment 1TOWN OF LOS GATOS MEETING DATE: 03/15/2018
TOWN COUNCIL POLICY ITEM NO: 2
COMMITTEE REPORT ADDENDUM
DATE: MARCH 14, 2018
TO: TOWN COUNCIL POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: RECOMMEND TO THE TOWN COUNCIL THE ADOPTION OF POTENTIAL
MODIFICATIONS TO THE COMMISSION APPOINTMENT POLICY (2-11) AND
YOUTH COMMISSION ENABLING RESOLUTION
RECOMMENDATION:
The Youth Commission recommends that the Youth Commission consist of 20 Commissioners, 6
of whom are liaisons; new Youth Commission appointments have a one (1) year term limit; and
reappointed Youth Commissioners have a two (2) year term if applicable.
REMARKS:
At the March 13th Youth Commission meeting, the Commissioners discussed the modifications
to the Youth Commission that were made in October 2016 and had the following feedback:
1. Twenty-six members is too large to be effective.
2. A better understanding of the Youth Commission liaison role/purpose is needed. Pros
and cons that were expressed are:
a. Liaison is not always asked specifically for their input as a youth and is subject to
the Commission.
b. Liaison role does not relate to the Youth Commission, and it relates to youth as a
whole.
c. Liaisons have nothing to report and the work of the adult Commissions does not
relate to the Youth Commission.
d. The majority of the current liaisons think it is beneficial to be on both
Commissions.
e. There is a lack of input and feedback when there are not liaisons from the Youth
Commission to the adult Commissions.
After discussion, the Youth Commission voted on four options for modifications and is
recommending Option 1.
ATTACHMENT 1
PREPARED BY: SHELLEY NEIS
Clerk Administrator
110 E. Main Street Los Gatos, CA 95030 • 408-354-6832
www.losgatosca.gov
PAGE 2 OF 2
SUBJECT: RECOMMEND TO THE TOWN COUNCIL THE ADOPTION OF POTENTIAL
MODIFICATIONS TO THE COMMISSION APPOINTMENT POLICY (2-11) AND
YOUTH COMMISSION ENABLING RESOLUTION
DATE: MARCH 14, 2018
OPTION 1: 20 Commissioners, 6 of whom are liaisons; new Youth Commission appointments
have a one (1) year term limit; and reappointed Youth Commissioners have a two (2) year
term if applicable. (TOTAL COMMISSIONERS: 20) (19 votes)
Rationale:
• Smaller Commission
• 1 year term limit would be a good trial run
• No hierarchy of alternates versus commissioners
OPTION 2: 20 Commissioners, 6 of whom are liaisons, plus 2 additional alternates (TOTAL
COMMISSIONERS: 22) (0 votes)
OPTION 3: 20 Commissioners, 6 of whom are liaisons, plus 5 alternates (TOTAL
COMMISSIONERS: 25) (3 votes)
Rationale:
• Larger group okay
• Alternates don't have a vote
• We have a replacement if someone leaves
OPTION 4: 20 Commissioners, of whom 6 are liaisons and another 2 are alternates (TOTAL
COMMISSIONERS: 20) (1 vote)
Staff is in agreement with the Youth Commission recommendation and prepared a draft update
to the Youth Commission Enabling Resolution to reflect the recommendation (see Attachment
3). There are no modifications necessary for the Commission Appointment Policy 2-11.
Attachments previously received with the staff report:
1. Existing Town Council Commission Appointments Policy 2-11
2. Youth Commission Enabling Resolution 2016-059
Attachments received with this Addendum:
3. Red -lined Youth Commission Enabling Resolution
S:\COUNCIL REPORTS\2018\03-20-18\02 Youth Commission Appointment Modifications\Attachment 1- Youth Commission Appointments
Addendum.docx
TOWN OF LOS GATOS
TOWN COUNCIL POLICY
COMMITTEE REPORT
DATE: MARCH 7, 2018
TO: TOWN COUNCIL POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
MEETING DATE: 03/15/2018
ITEM NO: 2
SUBJECT: RECOMMEND TO THE TOWN COUNCIL THE ADOPTION OF POTENTIAL
MODIFICATIONS TO THE COMMISSION APPOINTMENT POLICY (2-11) AND
YOUTH COMMISSION ENABLING RESOLUTION
RECOMMENDATION:
Recommend to the Town Council the adoption of potential modifications to the Commission
Appointment Policy (2-11) and Youth Commission Enabling Resolution.
BACKGROUND:
At the October 18, 2016 Town Council meeting, the Town Council approved modifications to
the Commission Appointments, Residency and Attendance Requirements, and Establishing
a Quorum Policy (2-11). The modifications included increasing the Youth Commission members
to 26, eliminating alternates, and adding a Youth Commissioner as a voting member for most
Boards, Commissions, and Committees. The Youth Commission is responsible for appointing
the Youth Commissioner and an alternate to the Boards, Commissions, and Committees.
DISCUSSION:
Staff continues to evaluate and identify areas of the Commission Appointments Policy
(Attachment 1) as questions and unintended consequences arise. As part of the evaluation,
staff has requested that the Youth Commission discuss and provide input on how the
modifications impact the Youth Commission at their March 13th meeting. If modifications are
recommended, staff would incorporate them into the current Youth Commissioner
recruitment.
Staff will provide the results of the discussion and any recommendations in an Addendum.
PREPARED BY: SHELLEY NETS
Clerk Administrator
110 E. Main Street Los Gatos, CA 95030 • 408-354-6832
www.losgatosca.gov
PAGE 2 OF 2
SUBJECT: DISCUSS THE COMMISSION APPOINTMENTS POLICY 2-11 IN RELATION TO
YOUTH COMMISSIONER APPOINTMENTS
DATE: MARCH 7, 2018
CONCLUSION:
Modifications to the Policy and the Youth Commission Enabling Resolution may be necessary
following the discussion.
COORDINATION:
The preparation of this report was coordinated with the Police Department, Town Manager's
Office, and the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Existing Town Council Commission Appointments Policy 2-11
2. Youth Commission Enabling Resolution 2016-059
N:\MGR\AdminWorkFiles\Council Committee - POLICY\ 2018\3.15.18\Youth Commission Appointments Staff Report.VL.docx
qti,. 4 s I�r.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing A Quorum
POLICY NUMBER: 2-11
EFFECTIVE DATE: 2/28/1990
PAGES: 7
ENABLING ACTIONS:
APPROVED:
PURPOSE
REVISED DATES: 6/13/1994; 6/16/2014;
4/7/2015; 10/18/2016; 2/21/2017;
2/6/2018
/ l-titw/__a
To establish a policy to encourage participation by the Town's residents on Town Boards,
Commissions and Committees (hereinafter referred to as "Commissions"). The Town will
encourage residents to participate on Commissions by advertising vacancies on
Commissions for at least 30 days, preparing easily understood applications, maintaining
clear descriptions of the role of each Board, Commission, and Committee and its respective
members, providing current meeting schedules, and conducting public interviews of all
Commission applicants, except as provided by this Policy.
SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.
POLICY
The Town Council encourages public participation in all decision -making and to be successful
residents must be assured both that the participation is meaningful and that their input will
be valued. The widest representation from the community can only be achieved if
vacancies are well advertised so that anyone interested will have the opportunity to apply.
Interviews of the applicants conducted in public by the Town Council demonstrates that it
values these appointments and that all have an equal opportunity to be appointed.
Applicants may apply to only one Commission during each recruitment cycle.
To ensure the greatest possible participation by the public, it is the Town's policy that no
person shall be appointed to more than one Commission except in those cases where they are
ex-officio members of other Boards, Commissions and Committees. This Policy does not
apply to Commission members serving as representatives of their Commission who have
been appointed by the Town Council. (Revised on 4/07/15)
ATTACHMENT ].
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing A Quorum
RESIDENCY REQUIREMENTS
PAGE:
2 of 7
POLICY NUMBER:
2-11
Residency within the incorporated municipal limits of the Town of Los Gatos, California is
required for appointment and continued membership on all Town of Los Gatos Boards,
Commissions, and Committees, with the exception of the Youth Commission.
Youth Commission:
The members shall be students who are entering grades 8 through 12. Membership for
the students requires either residency in the incorporated limits of the Town of Los Gatos
or residency in the unincorporated areas of the County of Santa Clara, which have a Los
Gatos mailing address.
ATTENDANCE REQUIREMENTS
1. All members of all appointive Town Advisory Bodies should attend ail regular and
special meetings of said Advisory Bodies.
2. Any member not in attendance at a regular meeting of said Advisory Body for at least
70% of the meeting shall be considered absent.
3. Any member of an appointive Town Advisory Body who is absent from the number of
regular meetings listed below appropriate to his or her Advisory Body shall, as a result,
surrender his or her office on the Advisory Body and the office shall be considered
vacant.
a. For an Advisory Body which holds six (6) or more regular meetings per a
consecutive twelve (12) month period: three (3) regular meetings.
b. For an Advisory Body which holds five (5) or fewer regular meetings per a
consecutive twelve (12) month period: two (2) regular meetings.
c. For an Advisory Body which holds sixteen (16) or more regular meetings per a
consecutive twelve (12) month period: eight (8) regular meetings.
4. The vacant position shall be filled by appointment by a majority vote of the Town
Council, for a term equal to the unexpired portion of the office vacated. Any member
removed from office due to non-attendance may re -apply to serve on a Town Advisory
Body, but will not be treated as an incumbent in any subsequent application to the
same Advisory Body.
5. If a Youth Commissioner liaison misses three meetings of a liaison Commission during
a *consecutive twelve (12) month period, the Youth Commission shall appoint a
different Youth Commissioner as liaison.
*Consecutive twelve (12) month period is defined as any consecutive twelve-month
period beginning with the first absence.
QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall
be a majority of the total number of filled seats.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing A Quorum
PROCEDURES
PAGE:
3 of 7
POLICY NUMBER:
2-11
The following procedures will be followed by the applicant, the Town Clerk Administrator
and the Town Council for the appointment of applicants to Town Commissions:
Responsibility and Actions: Town Clerk Administrator
A. Annual Recruitments
Adult Commission members' terms begin on January 1" and end December 3fz, Youth
Commissioners' terms follow the academic year and begin on August 1 and end on June 30.
The Town Clerk Administrator shall perform the following duties in conducting an annual
recruitment for Commission members:
1, Notify Town Council of vacancies on Commissions by indicating the names of the
Commissions, the number of terms expiring or being vacated, names of individuals)
with expiring terms or vacating seats, advertising periods (at least 30 days) and the
date of interview.
2. Advertise the vacancies, including the application deadline and the interview date,
which shall be set for no later than the second Town Council meeting in December for
Adult Commissioners, and by the fourth Wednesday in May, no earlier than 4:00
p.m., for Youth Commissioners.
3. Prepare and maintain easily understood applications for appointment to
Commissions. Applications shall include the following policy information:
a, Prior to initial appointment to any Commission, non -incumbent applicants must
be interviewed by the Town Council. The applications of those not appearing will
be held for the next recruitment.
b. If an incumbent is requesting reappointment to the same Commission, the
incumbent will be re -interviewed, or must submit a letter for distribution to the
Council prior to the interviews, describing the reason why the applicant cannot be
present for an interview and why the applicant should be reappointed to the
Commission, incumbent interviews by telephone may be considered under
extraordinary circumstances.
c. Submissions deadlines are mandatory; no exceptions are permitted.
4. Applications:
a. For adult applicants — Accept applications, verify eligibility, and distribute
copies of the applications of eligible applicants to the Town Council prior to the
interviews for appointment.
TITLE: Commission Appointments, Residency and 1 PAGE:
Attendance Requirements, and Establishing A Quorum 4 of 7
POLICY NUMBER:
2-1]
b. For student applicants — Accept applications, verify eligibility, and distribute
copies of the applications of eligible applicants to the Town Council Selection
Committee prior to the interviews for appointment.
5. Notify the applicant by letter or email as to the date and time of the interview,
f. Facilitate the Council voting process set forth below by informing Council as to how
many votes are possible on each Commission, calling out applicants' names, and
identifying the applicants receiving sufficient votes for appointment. This process does
not apply to student applicants.
7. Applicants:
a. For adult applicants — After the interviews and Council vote are completed,
notify all applicants of the Council's action, and explain Town policy of
keeping application active for one year with notification of subsequent
openings on that Commission to the interested applicants.
b. For student applicants — After the interviews are completed, notify all
applicants of the Council Committee's action, and prepare a staff report for the
Town Council to ratify the Committee's appointment at the first Town Council
meeting in June.
Balloting Process
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of
individuals to fill the vacancies for each Commission. Such ballot vote may be conducted at
either a regular, adjourned or special meeting of the Town Council. The ballot vote process
shall be conducted as follows:
1. The Clerk Administrator shall provide a ballot to each Town Council member listing the
names of all applicants and "None of the above" for each respective Commission. Prior
to the vote, the Clerk Administrator shall publicly announce the position vacancy and all
applicant names that are listed on the ballot;
2. Each Council member may vote for the same number of applicants as there are current
vacancies on the respective Commission. In no case, can a Council Member cast more
votes than there are vacancies; or vote for the same candidate more than once on each
ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member
may not give all three votes to the same candidate). A Council Member is not required
to vote for any of the candidates or for the total number of vacancies available.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing A Quorum
PAGE:
5 of 7
POLICY NUMBER:
2-11
3. The Clerk Administrator shall collect all ballots and shall publicly announce the name of
each Town Council member and how that Council member cast his or her vote. In the
case of a tie vote, the Clerk Administrator will announce that there is a tie and that a
run-off vote shall be conducted, but will not announce the names of the applicants in
the run-off. Once all voting is concluded and a decision made, the votes will be made
public. The run-off ballot will also include a "None of the above" option.
4. Applicants receiving a majority number of votes shall be deemed appointed to the
Commission. In the event of a tie, a run-off vote shall be conducted among the
applicants receiving the highest number of votes from the previous round. This shall
continue until a majority consensus on an applicant(s) is reached for the number of
vacancies to be filled. In the event of an unbreakable tie, the Council may determine an
alternative method for selecting the appointee(s) or direct the Clerk Administrator to re -
advertise the vacancy.
5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and
partial, unexpired terms, the length of the appointee's term will be determined by the
Mayor.
B. Mid -Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats
to a number of members that is not sufficient to conduct Commission business. The
Commission may request the Council to conduct a mid-term recruitment to fill seats. To the
extent possible, the Clerk Administrator will consolidate mid-term recruitments to
minimize the number of recruitments occurring throughout the year. In the event of a
vacancy on the Planning Commission, the Town will automatically conduct a mid-term
recruitment. Mid-term recruitments will not be conducted for student commissioners. The
Clerk Administrator shall advertise mid-term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Read the Commission Appointments, Residency and Attendance Requirements, and
Establishing a Quorum Policy, complete and submit to the Clerk Administrator the
application for appointment to a Town Commission by the advertised deadline date
and time.
2. For adult applicants: Attend the Council meeting to be interviewed for Commission
appointment.
For student applicants: Attend the Council Selection Committee interview session.
3. If an incumbent Commission member is requesting reappointment to the same
Commission and cannot be present for the interview, submit a letter to the Clerk
Administrator by the Friday immediately preceding the scheduled interview, describing
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing A Quorum
PAGE:
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POLICY NUMBER:
2-11
why applicant cannot be present for the interview and why the applicant should be
reappointed to the Commission.
4. if appointed, prior to starting the Commission term, appointees are required to attend a
Commissioner Orientation and take the "Oath of Office."
5. Attend Advisory Body meetings once term begins.
6. Read the Commissioners' Handbook. The Handbook is to be returned to the Clerk
Administrator when the term is complete.
Responsibility and Action: Town Council
1. Review applications.
2. For adult applicants — Interview applicants individually by Commission at a public
meeting with all applicants present.
For youth applicants —Town Council Selection Committee interviews applicants.
3. Determine if the incumbents not in attendance and having submitted a letter pursuant
to this Policy should be considered for reappointment.
4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf
of the Council, may request that the Clerk Administrator re -advertise the vacancy,
reschedule the interviews, and notify all applicants of the new interview date.
COMPLIANCE - GROUNDS FOR DISMISSAL
A member may be removed from the Advisory Body prior to the end of his or her term by a
three -fifths (3/5) vote of the Town Council and may not be reappointed for the following
reasons:
1. Failure to attend Advisory Body meetings.
2. Failure to file the following documents required by the Fair Political Practices
Commission (Adult Commissioners):
a. Form 700 — Assuming Office, Annual, and Leaving Office when term is complete.
b. Planning Commissioners are also required to complete AB 1234 Ethics Training
and file the original certificate with the Clerk Administrator every two years.
3. Failure to comply with all Town Policies, Guidelines, and Handbooks.
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing A Quorum
CONFLICT OF INTEREST
PAGE:
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POLICY NUMBER'
2-1 ]
Under the Fair Political Practice Act, an advisory board member has a disqualifying conflict of
interest in a governmental decision if it is foreseeable that the decision will have a financial
impact on his or her personal finances or other financial interests. In such cases, there is a risk
of biased decision -making that could sacrifice the public's interest in favor of the official's
private financial interests. To avoid actual bias or the appearance of possible improprieties, the
public official is prohibited from participating in the decision.
The Fair Political Practice Act does not prohibit an advisory board member from participating in
a decision simply by virtue of holding a position as a board member, director, officer or
employment with a nonprofit corporation. However, the Town strongly encourages that in the
event that a decision concerns a nonprofit corporation for which an advisory board member is a
board member, director, officer or employed with that nonprofit corporation, the person
should recuse him or herself and at a minimum shall disclose the potential conflict of interest
before any discussion and decision.
APPROVED AS TO FORM:
Res7,-1-
Robert Schultz, Tr,w attorney
RESOLUTION 2016-059
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING RESOLUTION 2005-52 AND
ESTABLISHING RULES FOR THE YOUTH COMMISSION
WHEREAS, it is recognized that a youth perspective on issues which pertain to the youth
in the community is an important part of decision making in Town; and
WHEREAS, there is value in increasing communication between adults and youth; and
WHEREAS, there is value in having a mechanism for youth to have a voice in Town
affairs and issues relating to youth; and
WHEREAS, the Town Council of the Town of Los Gatos found and determined that the
purpose of the Youth Commission is to foster and encourage civic and neighborhood pride and
a sense of identity through the knowledge, understanding, and increased involvement of the
Town's youth in the Town's present and future municipal affairs.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS THAT:
1. There is a need for a Youth Commission to function in the Town of Los Gatos, which
would establish a formal body by which the youth of Los Gatos would have a voice in
the community.
2. There is hereby established a Youth Commission which shall generally be responsible for
studying various problems, activities and other issues of concern to the youth in general,
and for advising Council on matters pertaining to issues involving the youth of Los
Gatos.
a. Membership/Organization
i. The Youth Commission shall consist of twenty-six (26) members. The
members shall be students who are entering grades 8 through 12.
Membership for the students requires residency in the incorporated
limits of the Town of Los Gatos or residency in the unincorporated areas
of the County of Santa Clara, which have a Los Gatos mailing address.
ii. Members shall serve a term of two (2) years and until their successors are
appointed and qualified. Members who are entering grade 12 when
appointed shall serve a term of one (1) year.
iii. The Commission shall appoint one (1) primary member and one (1)
alternate to serve as voting members on the following Town Boards and
Commissions:
1. Arts and Culture Commission
2. Bicycle and Pedestrian Advisory Commission
3. Community and Senior Services Commission
4. Library Board
5. Parks Commission
1 of 3
Resolution 2016-059 October 18, 2016
ATTACHMENT 2
6. Transportation and Parking Commission
iv. In addition to all Youth Commission meetings, the primary member shall
attend all meetings of the Board or Commission they are appointed to. If
the primary member is not able to attend the meeting of the Board or
Commission they are assigned, it shall be the responsibility of the
alternate to attend the meeting. If the primary member misses three (3)
meetings of the Board or Commission the Youth Commission shall
appoint a new primary member, and if necessary, a new alternate.
v. Commissioners shall provide a monthly report to the Youth Commission
and be responsible for conveying the Youth Commission's input to the
Board, Commission, or Committee.
vi. A majority of members shall constitute a quorum for the purpose of
transacting business.
vii. 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.
3. The Commission shall hold a regular meeting at least once each month between
September and June. The Commission shall establish a regular time and location
for its meetings and shall otherwise call and conduct its meetings in compliance
with the provision s of the Ralph M. Brown Act (Government Code Sections 54950
and following.)
4. The Commission shall elect a Chair and 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 September and end the following September.
5. Minutes of the actions taken during its meetings shall be kept and filed with the
Town Clerk Administrator.
6. Meeting attendance requirements will conform with all current Town Resolutions
and Policies.
7. The duties of the Commission shall include the following:
a. Foster greater involvement of youth in municipal government affairs.
b. Study problems, activities, and concerns of youth, especially as they relate to
municipal programs or projects of the Town of Los Gatos.
c. Hold forums on problems, activities and concerns of youth, either alone or in
conjunction with other governmental agencies and community organizations,
as the Commission deems desirable.
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Resolution 2016-059 October 18. 2016
d. Review municipal matters referred to the Commission by the Town Council
or other Town boards, committees, or commissions and, as appropriate,
make recommendations on those matters.
BE IT FURTHER RESOLVED that Resolution 2005-052 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18`h day of October, 2016, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Mayor Barbara Spector
NAYS: Rob Rennie
ABSENT: None.
ABSTAIN: None
tt-tt-
MAYOR/OF THE TOWN OF LOS GATOS
____I____05534TOS, CALIFORNIA
DATE: 113/1-0/l
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF L05 GATOS
LOS GATOS, CALIFORNIA
DATE: to ilem /up
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Resolution 2016-059 October 18, 2016