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COUNCIL AGENDA REPORT
DATE: NOVEMBER 26, 2003
TO: MAYOR AND TOWN COUNCIL
MEETING DATE: 01/05/03
ITEM NO.
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: RESIDENCY REQUIREMENTS FOR STUDENT COM ISSIONERS
A. ADOPT A RESOLUTION RESCINDING RESOLUTION 2002-134,
AND ESTABLISHING RESIDENCY REQUIREMENTS FOR
SPECIFIED BOARDS AND COMMISSIONS
B. ADOPT A RESOLUTION RESCINDING RESOLUTION 2002-103,
AND ESTABLISHING THE PARKS COMMISSION
RECOMMENDATION:
1. Adopt a resolution rescinding Resolution 2002-134, and establishing residency requirements
for specified Boards and Commissions (Attachment 1).
2. Adopt a resolution rescinding Resolution 2002-103, and establishing the Parks Commission
(Attachment 2).
BACKGROUND:
Resolution 2002-134 currently governs residency requirements for the following Town boards,
commissions, and committees: Arts Commission, Community Services Commission, Library Board,
Sister City Committee, and Planning Commission. It requires that all members of these
commissions, including student members, must reside within the incorporated boundaries of Los
Gatos.
Resolution 2002-103 both establishes the Parks Commission and governs its residency requirements.
It requires that at least 8 of the 9 members of the Parks Commission reside within the incorporated
boundaries of Los Gatos; the 1 remaining member may reside within either Los Gatos or Monte
Sereno. Though this requirement applies to all members of the Parks Commission, both adults and
students, past practice has been to allow s dents who attend Los Gatos Schools, regardless of
PREPARED BY: REGINA FALKNER
Community Services Direr
Reviewed by: Assistant Town Manager Town Attorney Clerk Finance
Revised: 12/18/03 3:05 pm
Refonnatted: 5130'01
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: RESIDENCY REQUIREMENTS FOR STUDENT COMMISSIONERS
November 26, 2003
residency, to be appointed to the Parks Commission.
The Community Services Commission and the Parks Commission each have two student members;
none of the other Town commissions have student members currently.
DISCUSSION:
Establishing a consistent practice governing residency requirements for student commissioners- is
desirable. Staff from Community Services, Parks and Public Works, and the Town Manager's
Office met to draft a policy that would meet the needs of both commissions that currently have
student commissioners, and of any commissions which might have student commissioners in the
future. The following residency requirements are recommended:
1. Students who reside in the Town of Los Gatos may apply for and be appointed to a
commission. They may attend any accredited high school.
2. Students who reside in the unincorporated areas of Santa Clara County, have a Los Gatos
mailing address, and who attend Los Gatos Schools, may apply for and be appointed to a
commission.
Since most students do not differentiate between the incorporated and unincorporated areas of Los
Gatos, students appointed as commissioners would feel they represent the Los Gatos community.
A consistent residency requirement would also eliminate any inequities in recruiting for student
commission members.
In order to implement these proposed changes, Resolution 2002-134 establishing residency
requirements for specified Town commissions, and Resolution 2002-103 establishing the Parks
Commission and setting its residency requirements, must be rescinded and replaced by the draft
resolutions provided as Attachment 1 and Attachment 2.
CONCLUSION:
To ensure an equitable and consistent residency requirement for all student commissioners, it is
recommended that Council adopt a resolution rescinding Resolution 2002-134, and establishing
residency requirements for specified Boards and Commissions (Attachment 1); and adopt a
resolution rescinding Resolution 2002-103, and establishing the Parks Commission (Attachment 2).
ENVIRONMENTAL ASSESSMENT:
The recommended actions are not projects defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no fiscal impact projected from the recommended actions.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: RESIDENCY REQUIREMENTS FOR STUDENT COMMISSIONERS
November 26, 2003
Attachments:
1. Draft Resolution of the Town Council of the Town of Los Gatos Rescinding Resolution
2002-134, and Establishing Residency Requirements for Specified Boards and Commissions
2. Draft Resolution of the Town Council of the Town of Los Gatos Rescinding Resolution
2002-103, and Establishing the Parks Commission
Distribution:
Community Services Commission
Parks Commission
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l1LLd1.11111L.11L 1
RESOLUTION NO. 2003-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING RESOLUTION 2002-134,
AND ESTABLISHING RESIDENCY REQUIREMENTS
FOR SPECIFIED BOARDS AND COMMISSIONS
WHEREAS, Section 2.40.015 of the Town Code allows the Town Council to establish
residency requirements for Town Boards and Commissions; and
WHEREAS, membership on certain Boards and Commissions should require residency,
while others involving business and property ownership need not require legal residency, and
others benefit from the input from residents of adjacent municipalities; and
WHEREAS, the enabling resolutions of several Boards and Commissions establish the
residency requirements for their respective bodies; and
WHEREAS, Resolution 2002-134 established residency requirements for specified
boards and commissions; and
WHEREAS, the Town Council now desires to rescind Resolution 2002-134, and
establish new residency requirements for specified Town Boards and Commissions, for which
the enabling resolutions do not establish such requirements.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE:
Resolution 2002-134 is hereby rescinded.
Residency within the incorporated municipal limits of the Town of Los Gatos, California
is required for appointment and continued membership on the following Boards and
Commissions: Arts Commission, Community Services Commission, Library Board,
Sister City Committee, Planning Commission.
3. Residency requirements for the appointment and continued membership of Student
Commissioners are as follows:
a. Residency within the incorporated municipal limits of the Town of Los Gatos,
California and enrollment in any accredited high school; or
b. Residency in the unincorporated areas of the County of Santa Clara, California,
which have a Los Gatos mailing address; and enrollment in a school located
within the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the day of , 2003 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
NPCSD\TCRPTS\Resolutions\residencyreso 2.wpd
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RESOLUTION NO. 2003-_
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING RESOLUTION 2002-103 AND ESTABLISHING
THE PARKS COMMISSION
WHEREAS, Section 19.20.0 10 of the Los Gatos Town Code states that the Town
Council shall establish a Parks Commission; and
WHEREAS, Resolution 2002-103 established the Parks Commission; and
WHEREAS, the Town Council now desires to rescind Resolution 2002-103 and
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, seven (7) adults, two
(2) students. All commissioners shall be appointed by the Town Council.
b. Six (6) adult members of the Commission shall reside within the incorporated
municipal limits of the Town of Los Gatos, California; one (1) adult member may
reside within the incorporated municipal limits of the Town of Los Gatos or of the.
City of Monte Sereno, California. Two (2) youth members shall reside within the
incorporated municipal limits of the Town of Los Gatos, California and attend any.
accredited school; or reside in the unincorporated areas of the County of Santa
Clara, California, which have a Los Gatos mailing address, and attend a school
located within the Town of Los Gatos.
C. Two (2) youth members of the Commission shall, at the time of their
appointment, have completed the ninth grade, and shall be no more than eighteen
(18) years old.
d. 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.
e. 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.
f. 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.
g. 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.)
h. 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.
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.
k. 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
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.
BE IT FURTHER RESOLVED that Resolution 2002-103 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the day of 2003 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
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