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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:. ~~~~ ~- CLEI~.K OF THE TOWN OF LO TOS LOS GATOS, CALIFORNIA