16 Staff Report - Boards, Committees, and Commissions
Jip ......,.. DATE: COUNCIL AGENDA REPORT August 12, 2004 MEETING DATE: 8/16/04 ITEM NO. TO: FROM: SUBJECT: MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, MANAGER BOARDS. COMMITTEES,
AND COMMISSIONS A. INTRODUCE AN ORDINANCE AMENDING TOWN CODE CHAPTER2,ARTICLEIII, SECTION2.30.930 (b); AND CHAPTER20, ARTICLE II, SECTION 20.20.015; REGARDING THE TERMS OF OFFICE OF
APPOINTEES TO THE PERSONNEL BOARD AND PLANNING COMMISSION, IN ORDER TO STANDARDIZE SAID TERMS B. ADOPTARESOLUTION AMENDING THETERMS OF OFFICEAND DUTIES OF THE HISTORlC PRESERVATION COMMITTEE,
IN ORDER TO STANDARDIZE THE TERMS OF OFFICE OF SAID COMMITTEE C. ADOPTARESOLUTION ESTABLISHINGTHE TRANSPORTATION AND PARKING COMMISSION, IN ORDERTO STANDARDIZE THE TERMS OF OFFICE OF
SAID COMMISSION RECOMMENDATION: 1. Introduce an ordinance amending Town Code Chapter 2, Article ill, Section 2.30.930(b); and Chapter 20, Article II, Section 20.20.015; regarding the
terms ofoffice of appointees to the Personnel Board and Planning Commission, in order to standardize said terms. (Attachment 1) 2. Adopt a 'resolution amending the terms of office and
duties of the Historic Preservation Committee, in order to standardize the terms of office of said Committee. (Attachment 2) 3. Adopt a resolution establishing the Transportation and
Parking Commission, in order to standardize the terms of office of said Commission. (Attachment 3) BACKGROUND: At its June 21,2004 meeting, the Town Council approved the new terms of
office for members of PREPARED BY: Regina A. Fa! r Community Se'-= ces Director Reviewed by: Town Manager .n 4{)wn Attorney __Clerk'---_.Finance __Community Development
Revised: 8!l2/04 12:38 pm Reformatted: 5/30/02
PAGE 2 MAYOR.AND TOWN COUNCIL SUBJECT: BOARDS, COMMITTEES, AND COMMISSIONS August J2, 2004 all Town Boards, Committees, and Commissions (hereinafter referred to as "Commissions"). The
purpose ofthis proposal was to standardize the terms ofoffice for all Commissions, so that all terms would expire on December 31. This change would benefit the Town organization by streamlining
the recruitment, appointment and orientation process ofnew Commissioners. The change in terms does not affect the staggered year terms of Commissioners, or the terms of office for student
commissioners appointed to the Community Commission, the Parks Commission, or the Youth Commission. As stated in the June 21 proposal, any changes to Town Code and enabling
resolutions would be brought to Council. Four commissionS require changes in order to standardize their terms of office. " DISCUSSION: . Personnel Board and Planning Commission Boththe
Personnel Board and Planning Commission are established by ordinance. Each has a section in the Town Code stating the exact expiration date of a member's term. These dates have been
amended in the draft ordinance (Attachment 1) as follows: • Town Code Chapter 2, Article III, Section 2.30.930 (b): The Personnel Board's term expiration date has been changed from September
first to December 31. • Town Code Chapter 20, Article II, Section 2020.015: The commencement date for Planning Commissioners has been amended from February first to January first, and
the term expiration date from January 31 to December 31. Historic Preservation Committee and Transportation and Parking Commission Resolution 1994-16 states that the terms of office
for the Historical Preservation Committee begin on Februaryfirst. The draft resolution (Attachment 2) would rescind Resolution 1994-16, and amend the Appointment and Terms of Office
section to read; "The terms of office of the three (3) public members of the Committee shall be four (4) years and until their successors are appointed and qualify." The Transportation
and Parking draft resolution (Attachment 3) rescinds Resolutions 2002-135, and amends Section 2, b(ii) to read, "Members shall serve a term of four (4) years and until their successors
are appointeq and qualified, except any appointments to fill an unexpired term shall be for such unexpired period." CONCLUSION: Council has previously approved the alignment of Commissioner
terms of office to expire on December 3 1. Approval of the proposed amendments to the Town Code, and Resolutions 1994-16 and 2002-135, will allow the alignment of terms to be implemented
for all Commissions.
PAGE 3 SUBJECT: BOARDS, COMMITTEES, AND COMMISSIONS August 12, 2004 ENVIRONMENTAL ASSESSMENT: The recommended actions are not defined as a project
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. 2. 3.. Draft Ordinance
of the Town of Los Gatos Amending Town Code Chapter 2, Article III, Section 2.30.930(b); and Chapter 20, Article II, Section 20.20.015; Regarding the Terms of Appointees to the Personnel
Board and Planning Commission Draft Resolution of the Town Council of the Town of Los Gatos to Amend the Terms of Office and Duties ofthe Historic Preservation Committee, and Rescinding
Resolution 199416. Draft Resolution ofthe Town Council ofthe Town ofLos 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 Resolution 2002-135..:' Distribution: Personnel Board members Planning Commission members Historic Preservation Committee members
Transportation and Parking Commission members N:\CSD\TCRPTS\amend com terms.wpd
Attachment 1 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE CHAPTER 2, ARTICLE III, SECTION 2.30.930(b) AND CHAPTER 20, ARTICLE II, SECTION 20.20.015 REGARDING THE
TERMS DF APPOINTEES TO THE PERSONNEL BOARD AND PLANNING COMMISSION THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Article ill, Section 2.30.930(b) is amended to read as
'follows: Sec. 2.30.930. Personnel Board-Established; composition; appointment and removal of members. (b) Members shall be appointed for five-year terms with one (1) member's term expiring
September first December3rt ofeach year. At the expiration ofeach ofthe terms so provided for, a successor shall be appointed by the Town Each member shall serve until
the member's successor i$ appointed and qualified. SECTION II Article II, Section 29.20.015 is amended to read as follows: Sec. 20.20.015. Composition, appointment, terms. The Planning
Commission shall consist ofseven (7) voting members, whose terms ofoffice shall be four (4) years and until their successors are appointed. The members shall be appointed by the Town
Council. The terms of office of the respective members shall be staggered and overlapped in such a manner that the terms ofnot less than one (1) nor more than two (2) members expire
each year. The term of each member shall commence on the first day ofFebItlary January, and shall expire on the thirty-first day of Jantlary December of the fourth successive year. -SECTION
III In the event that any part ofthis ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force and effect.
SECTION IV This Ordinance was introduced at a regular meeting ofthe Town Council ofthe Town ofLos Gatos on , [year], and adopted by the following vote as an Ordinance ofthe Town ofLos
Gatos at a meeting of the Town Council of the Town of Los Gatos on Ordinance takes effect 30 after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED:. , [year].
This MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFQRNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\Planning Ord.wpd
Attaclunent 2 RESOLUTION 2004 -RESOLUTION OF THE TOWN COUNCIL OF. THE TOWN OF LOS GATOS TO AMEND THE TERMS OF OFFICE AND DUTIES OF THE HISTORIC PRESERVATION COMMITTEE AND RESCINDING
RESOLUTION 1994-16 RESOLYED by the Town Council ofthe.Town ofLos Gatos, that the Town Council hereby amend the terms of office and duties of the Historic Preservation Committee. The
Committee shall be advisory to the Planning Commission and shall operate in the manner hereinafter prescribed. 1. Appointment and terms of office. The Historic Preservation Committee
shall consist of five (5) members, three (3) public members and two (2) Planning Commissioners. The public members shall be appointed by the Town CounCil and the Planning Commission
members shall be appointed by the Planning Commission Chair and affirmed by the Town Council. The Town Council and the Planning Commission chair shall appoint professional and lay members
with demonstrated interest, competence, or knowledge in historic preservation. The Town Council and Planning Commission chair shall seek professional committee members from among the
disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines such as urban planning, American studies, American
civilization, cultural geography, or cultural anthropology to the extent that such professionals are available in the community. Except as necessary to appoint qualified historic preservation
professionals in the community, the Committee members should be residents of the Town, and at least one member should be a resident of a designated historic district. The terms of office
of the three (3) public members of the Committee shall be four (4) years and until their successors are appointed and qualify. Lots shall be to deternline ofthe
first members shall fill initial tenllS. Tellns begin on February PI.:-2. Removal of Public members; absence ofmembers. The removal of public members and the absence ofmembers
shall be governed in accordance with the rules established in the latest Town Council resolution concerning duties ofmembers ofBoards and Commissions ofthe Town ofLos Gatos. Vacancies
shall be filled by appointment by a majority vote ofthe Town Council, and shall be for the unexpired term of the office vacated. 3. Meetings; quorums; officers. The Historic Preservation
Committee shall hold regular meetings at least once a month, and such other meetings as it deems necessary or expedient. Special meetings shall be held by the Committee to avoid any
delay of an application being considered by the Planning Commission. A majority of the Historic Preservation Committee shall constitute a quorum for the purpose of transacting the business
of the Committee. The Committee shall elect a chair and vice-chair, both ofwhom shall serve at the pleasure of the Committee. Terms of office shall be for one year and shall begin on
February 1 and continue through January 31 ofthe following year.
4. Powers and Duties.· The duties of the Historic Preservation Committee shall be to report to, consult with, and provide assistance to the Planning Commission as provided in Chapter
29, Article VIII, Division 3 of the Town Code. The Committee must report to the Planning COlnmissidn prior to any Commission meeting scheduled to discuss an application for a historic
structure which requires Planning Commission approval, or a proposal to designate a landmark or a historic district. 5. Resolution not to affect powers of Town Councilor Planning Commission.
Nothing in this resolution sha.ll be constFued as restricting or curtailing an.y of the powers of the Town Councilor Planning Commission, or as a delegation to the Preservation Committee
of any of the authority or discretionary powers vested and imposed by law in such bodies. FURTHER RESOLVED, that this Resolution rescinds Resolution 1990.,.051994-16. PASSED AND ADOPTED
at aregular meeting of the Town Council held on__day of _____, 2004, by the following vote: 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 GA10s, CALIFORNIA N:\CSD\TCRPTS\Resolutions\hist pres reso.wpd
· Attachment 3 RESOLUTION NO. 2004 -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 PARKlNG COMMISSION; AND RESCINDING RESOLUTION NO. 2002-135 WHEREAS, transportation issues thioughout 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 ofthe Town ofLos Gatos in accordance with the provisions ofthe Parking Law. of 1949; and WHEREAS, the ParkingLaw
of1949 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 NOWTHEREFOREBEITRESOLVED BYTHETOWNCOUNCIL OFTHETOWN 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 ofthe rights, powers, duties, privileges, and immunities
vested by the Parking Law of 1949 in the members ofthe Parking Authority shall be vested in the Council ofthe Town ofLos . Gatos as the Parking Authority ofthe Town ofLos 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 ofthe Parking Authority ofthe Town ofLos 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 ofLos 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 L11. iii. iv. v. vi. Vll. Vlll. The Transportation
and Parking Commission shall consist of seven (7) members. Residency in Town is required for appointment and continued membership on the Transportation and .Parking Com}11ission, for
all members. (1) Persons initially appointed to the newly established Transportation and Parking who were members ofthe former Parking Commission at the time of
its dissolution in July 2002, need not be Town residents. . . Members fir st appointed to the. Commission shall so classify ves b, lot that terms of the
tnembers shall end as the (2) rliembers shaH expire on Jantlary 1,2003, the term of (2) members shall expire on Janttary 1,2004, the term oftwo
(2) members shaH eXpire on Jautla:J1 1, 2005, and the term of one (l)member shall expire JantlaI)' 1, 2006. Stlcceeding Members shall serve a term offour (4) years apd until their successors
are appointed and qualified, except any appointments to fill an unexpired term shall be for such unexpired period.. At its first meeting, or as soon as possible thereafter, the Commission
shall elect officers and adopt bylaws for the conduct ofbusiness. The Commission shall appoint and prescribe the term ofoffice for its Chair and Vice-Chair. Five voting members of the
Commission shall constitute a quorum for the purpose oftransacting busiress. Coriimission members shall serve without provided that, with advance budgetary
approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct ofTown business shall be reimbursable pursuant to the Council
policy. 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). Minutes ofthe actions taken during its meetings shall
be kept and filed with the Town Clerk. Meeting attendance requirements will conform with current Town Resolution.
c. The duties of the Commission shall include the following: 1. 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.
11. 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. 111. 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 behalfofthe Parking Authority. The recommendations shall be based on allowed uses of such proceeds consistent with state and local law. vi. Review and advise
staff proposals to provide traffic calming measures in accordance with the approved Traffic Calming Policy. Such proposals, if implemented, would be temporary. Permanent installations
oftraffic calming measures would be made with a consensus ofthe affected neighborhood and the approval ofthe Town Council. VII. Advise the Town Council on policy matters relating to
local transportation issues, as requested by the Town Council. Vlll. 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 timeto 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. 2002-135 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 , 2004, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT:
ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\parkingcomreso3.wpd MAYOR OF tHE TOWN OF LOS GATOS/LOS GATOS, CALIFORNIA