2021-040 - Amending the Enabling Resolution of the Building Board of Appeals and Rescinding Resolution 2016-053RESOLUTION 2021-040
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE BUILDING BOARD OF APPEALS ENABLING RESOLUTION
AND RESCINDING RESOLUTION 2016-053
WHEREAS, the Town Council of the Town of Los Gatos 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 codes.
WHEREAS, the Town Council of the Town of Los Gatos hereby amends the power and
duties of the Board of Appeals.
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
are hereby established as follows:
1.
Membership - Organization
a.
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d.
e.
f.
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h.
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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. 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 members shall be appointed by a majority vote of the Town Council and shall serve
a term of (4) years.
The terms of office shall be staggered and overlapped in such a manner that the term of
no more than one (1) member expires each year.
Residency requirements shall conform with all current Town Resolutions and Policies.
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.
The Board of Appeals shall hold meetings as necessary. 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 total number of filled seats on the Board shall constitute a quorum for
the purpose of transacting the business of the Board.
Minutes of the actions taken during its meetings shall be kept permanently and shall be
a public record.
Meeting attendance requirements will conform with all current Town Resolutions and
Policies.
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Resolution 2021-040 September 21, 2021
k. 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 current Town Council Resolutions and Policies.
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 codes nor shall the Board be
empowered to waive code requirements.
BE IT FURTHER RESOLVED that Resolution 2021-053 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21sY day of September 2021 by the following vote:
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Nudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ID 1131twat
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SIGNED:
p 5\4_4 e,
MAYOR OF TH OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: IC'/ 13'�'�
Resolution 2021-040
September 21, 2021