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07 Staff Report - Establishing Requirements for Town Commissions, Committees, and Boards4~ ~ aF to 05 COUNCIL AGENDA REPORT s c A•c DATE: September 15, 2009 MEETING DATE: 9121109 ITEM NO: TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSONa TOWN MANAGER SUBJECT: ADOPT RESOLUTIONS REVISING THE ENABLING RESOLUTIONS OF THE ARTS AND CULTURE COMMISSION, COMMUNITY SERVICES COMMISSION, PARKS COMMISSION, AND TRANSPORTATION AND PARKING COMMISSION; AND REVISING PUBLIC ART SELECTION POLICIES AND PROCEDURES; AND ESTABLISHING ATTENDANCE REQUIREMENTS FOR TOWN COMMISSIONS, COMMITTEES, AND BOARDS RECOMMENDATION: Adopt the following resolutions revising the enabling resolutions of the Arts and Culture Commission, Community Services Commission, Parks Commission, and Transportation and Parking Commission; and adopting a new Public Art Policy and Procedure; and establishing attendance requirements for Town commissions, committees, and boards: 1. Adopt the draft Resolution of the Town Council of the Town of Los Gatos Amending the Arts and Culture Commission Enabling Resolution and Rescinding Resolution 1996-37. 2. Adopt the draft Resolution of the Town Council of the Town of Los Gatos Amending the Community Services Commission Enabling Resolution and Rescinding Resolutions 2004-60, 1996-36, 1993-99, and 1988-215. 3. Adopt the draft Resolution of the Town Council of the Town of Los Gatos Amending the Parks Commission Enabling Resolution and Rescinding Resolution 2004-3. 4. Adopt the draft 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 Parking Commission, and Rescinding Resolution 2004- 110. 5. Adopt the draft Resolution of the Town Council of the Town of Los Gatos Amending Public Art Selection Policies and Procedures and Rescinding Resolution 1992-78. PREPARED BY: Regina A. Cornmunit ices Director Reviewed by: Assistant Town Manager Clerk Administrator Finance II l'! Town Attorney Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTIONS REGARDING TOWN COMMISSIONS, COMMITTEES, AND BOARDS September 15, 2009 6. Adopt the draft Resolution of the Town Council of the Town of Los Gatos Establishing Attendance Requirements for Members of all Town Commissions, Committees, and Boards, Except the Planning Commission, and Rescinding Resolution 2003-136. BACKGROUND: Due to the ongoing fiscal challenges faced by Los Gatos, along with most other municipalities in California, in the past several years the Town has faced reductions in staff and other administrative resources. Because of these reductions, the organization needs to manage the workload of the remaining staff. At the same time, the Town Council has expressed a desire to strengthen the position of its advisory bodies to focus on policy, rather than being involved in day-to-day service provision. These two factors spurred staff to recommend and Council to direct a series of revisions to the enabling resolutions of the following Town Commissions: • Arts and Culture Commission (formerly the Arts Commission) • Art Selection Panel • Community Services Commission • Parks Commission • Transportation and Parking Commission Only the commissions listed immediately above, and no other Town commission, would be affected by the recommended actions. DISCUSSION: ENABLING RESOLUTIONS The draft revised enabling resolutions reflect a number of changes, as explained in the following paragraphs : Focus on Policy. As noted above, one of the key factors for this change was the desire of the Council to strengthen the focus of its advisory bodies on policy. The "Duties" or "Functions" section of each resolution has been revised to emphasize the position of each commission as an advisory body to the Council, and to specifically note each commission's area of expertise. Language referencing day-to-day service provision and related activities has been removed. Workload Management. In the interest of managing the workload of staff members who support the commissions, the following changes were made to each resolution. These changes will also provide some standardization between the commissions. • Terms for members of the Parks Commission and the Transportation and Parking Commission have been reduced from four years to three, to match the existing terms of the Arts and Culture Commission and the Community Services Commission. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTIONS REGARDING TOWN COMMISSIONS, COMMITTEES, AND BOARDS September 15, 2009 • The standard number of regular meetings has been reduced from twelve to four per year, as is stated for the Library Board. The Parks Commission and the Transportation and Parking Commission will be phased in, holding six regular meetings per year through June 2010. Beginning July 2010, these two commissions will hold four regular meetings per year. A commission may continue to call a special meeting at any time. • Some minor changes were made to language to reflect current Town policies and procedures. In addition, the number of Council-appointed bodies involved in the selection of public art has been reduced from two to one. More specifically, the Art Selection Panel has been eliminated and the Arts and Culture Commission will take on the role of reviewing public art. This change will help to manage workload, but will also provide a more efficient process overall. As noted above, the Arts and Culture Commission will be the new name of the Arts Commission, better reflecting its scope of expertise. PUBLIC ART SELECTION POLICIES AND PROCEDURES Since the Town's Public Art Selection Policies and Procedures document was under revision in order to remove the Art Selection Panel, the opportunity was taken to make some policy changes as well. The draft revised Public Art Selection Policies and Procedures (Attachment 5) includes the following changes: Scope of the Policy. The policy currently applies to any public art that will be on display for more than three months. Exhibitions under three months are facilitated by the Arts and Culture Commission. The proposed revisions would apply the policy to any public art, except that to be included in anew Town facility. Public art related to new construction would have a separate policy. In addition, the Town Manager would have the ability to accept loans or gifts of art valued at or below $5,000, and, if a loan, that would be held by the Town for five years or less. Procedure. Currently, public art is reviewed first by the Art Selection Panel, a separate 5- member commission, then by the Arts and Culture Commission, and then by the Town Council for final approval. The proposed procedure would have the first review made by the Public Art Subcommittee, a subcommittee of the Arts and Culture Commission, the next by the Arts and Culture Commission, and the final approval made by the Town Council. If the art were to be installed in a public park, the Public Art Subcommittee would seek the input of the Parks Commission. If the art might have impact on an identifiable neighborhood, the Arts and Culture Commission could hold a community meeting. Criteria. The criteria for accepting an art work, and for selecting a place for its installation, have been revised to emphasize the importance of public participation in the process. The "Criteria and Conditions for Selection" (page 3 of Attachment 5) have been revised to include public comment as a criterion for determining whether an art work is acceptable. The "Criteria for PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTIONS REGARDING TOWN COMMISSIONS, COMMITTEES, AND BOARDS September 15, 2009 Consideration for Art Work Placement" (page 4 of Attachment 5) have been revised to add impact on the community or neighborhood as a factor to consider before placing an art work. ATTENDANCE POLICY Currently, Town policy stipulates that any member of any Town commission, committee, or board (except for the Planning Commission, which has its own, separate, attendance policy) who is absent from four regular meetings in a 12-month period will lose his or her seat on that commission, committee, or board. Since it is recommended that the number of regular meetings for many of the Town commissions be reduced from 12 to 4 per year, it is recommended that the attendance policy be adjusted. The draft revised attendance policy (Attachment 6) stipulates that any member of any Town commission, committee, or board (except for the Planning Commission) who is absent from the number of regular meetings listed below appropriate to his or her commission, committee, or board lose his or her seat on that commission, committee, or board: • For a commission, committee, or board which holds six or more regular meetings per year: four regular meetings. • For a commission, committee, or board which holds five or fewer regular meetings per year: two regular meetings. The provision allowing the Mayor to ask any affected commission member to continue to serve until a successor is appointed would remain, as would the provision which gives the Council authority to appoint that successor. ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The goal of the recommended actions is to manage the workload of the reduced number of staff available to support Town commissions. The impact of the recommended actions will be to allow these staff to support the provision of other services, rather than any specific fiscal impact. Attachments: 1. Draft Resolution of the Town Council of the Town of Los Gatos Amending the Arts and Culture Commission Enabling Resolution and Rescinding Resolution 1996-37. 2. Draft Resolution of the Town Council of the Town of Los Gatos Amending the Community Services Commission Enabling Resolution and Rescinding Resolutions 2004-60, 1996-36, 1993-99, and 1988-215, PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTIONS REGARDING TOWN COMMISSIONS, COMMITTEES, AND BOARDS September 15, 2009 3. Draft Resolution of the Town Council of the Town of Los Gatos Amending the Parks Commission Enabling Resolution and Rescinding Resolution 2004-3. 4. Draft 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 Parking Commission, and Rescinding Resolution 2004-110. 5. Draft Resolution of the Town Council of the Town of Los Gatos Amending Public Art Selection Policies and Procedures and Rescinding Resolution 1992-78, 6. Draft Resolution of the Town Council of the Town of Los Gatos Establishing Attendance Requirements for Members of all Town Commissions, Committees, and Boards, Except the Planning Commission, and Rescinding Resolution 2003-136. Distribution: Arts and Culture Commission Art Selection Panel Community Services Commission Parks Commission Transportation and Parking Commission Attachment 1 ARTS AND CULTU COMMISSION RESOLUTION 2009- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE ARTS AND CULTURE COMMISSION ENABLING RESOLUTION AND RESCINDING RESOLUTION 1996-37 RESOLVED by the Town Council of the Town of Los Gatos, that the Town Council does hereby establish the terms and conditions for appointment to and conduct of the Arts AM Culture Commission. The Commission is advisory to the Town Council and operates in the manner hereinafter prescribed. Membership-Organization a.. The Commission shall consist of nine (9) voting members, whose terms of office shall be three (3) years and until their successors are appointed by the Town Council. One (1) member of the Commission shall be an arts. professional, sucb as_ an artiat, arl_ historian; art administrator, museum professional, or architect. The terms of office of the respective members shall be staggered and overlapped in such a manner that the terms of no more than $rec'(3_) ene fliir-d of the members expire each year. The Town Council shall fill any vacancies occurring during the term of the Commission. The Commission shall annually designate a Chairperson and Vice-Chairperson. b. Five (5) members of the Commission shall constitute a quorum of the Commission for the purpose of transacting business. Any member shall have the right to present a minority view to Council in reference to any report or recommendation the Commission may take, c. The members of the Commission 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 provisions of the curie-nt A4; n- . strativ -Policy d. 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 Brown Act (Government Code Sections 54954 and following) Regular meetings of the Commission shall be held four (4) times per calericlar year Special meetings maybe scheduled at the discretion-of fhe Commission: e A recordf all in notes and.resol tions o the C.ommxssion shall b_d-sk. and shill b- a public record:: with the Town PeFk, f Residency a 4 meeting attendance requirements will conform with current Town Resolutions. 2, Duties and Functions fi+asie' 7 biat o f@ not limi ted • A 'h. i Tow-ft. th 1 u4 n e f4e4d, of aesth ti d b tifi ~i 7 e es, an eau aa en. d b th i T C i 4 „ i va iv caia vµiVi 111 141VV as ass gne e own e d% 7 a The function of the Commission shall be to serve-in an advisory capacity to the Town Council regarding Town policies within its scope of expertise;-specifically, on the art, drama, music; and other creative activities of the community. With the prior approval of, and/or at the :direction of, the Town Council or its delegate, the Commission shall receive public input, evaluate options, and make.recommcndations.;on policy issues including, but not limited to, the. following: 1. Matters affecting the artistic and/or cultural life of the communtty, and 2. - Local visual and performing arts efforts; and Mat ters in the field of art, aesthetics,` and beautification,: K The Commission shall make recommendations to the:.Town_Council concerning public art, under the tuffis of the current TownPublic Art Selection Policy and-Procedure. c The Cominissian shill perform other duties as assigned by Elie Town Council.. BE IT FURTHER RESOLVED that Resolution 1996-37 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the th day of , 2009, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Isl Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 ATTEST: Isl Jackie D. Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Attaclunent 2 COMMUNITY SERVICES COMMISSION RESOLUTION 2009- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE COMMUNITY SERVICES COMMISSION ENABLING RESOLUTION AND RESCINDING RESOLUTIONS 2004-60,1996-36,1993-99, AND 1988-215 RESOLVED by the Town Council of the Town of Los Gatos, that the Town Council does hereby establish the terms and conditions for appointment to and conduct of the Community Services Commission. The Commission is advisory to the Town Council and operates in the manner hereinafter prescribed. 1. Membership-Organization a. The Community Services Commission consists of nine (9) voting members. Seven (7) are members over eighteen (18) years of age. Their terms of office are three (3) years and until their successors are appointed. Two (2) members of the Commission shall, at the time of their appointment, have completed the ninth (9`) grade, shall be students enrolled in an accredited school, and shall be no more than eighteen (18) years old. Their terms of office are one (1) year and until their successors are appointed. The Commission's membership shall, to the extent possible, reflect the social and economic diversity of the Los Gatos community. The members' terms of office are staggered and overlapped so that the terms of no more than three .01 ane thir-d of the adult. members expire each year. The Town Council shall fill any vacancies occurring during the term of the Commission. The Community Services Commission shall appoint and prescribe the term of office for its Chair and Vice-Chair. b. Five (5) voting members of the Commission shall constitute a quorum for the purpose of transacting business. Any member shall have the right to present a minority view to the Town Council in reference to any report or recommendation the Commission makes. c. 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 provisions of the current A is_trattrvel?oliey Town . d. 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). Pe ar meetings .of the Commission shall be held four (4) times per calendar year „Spe*l_meetings may be scheduled at the discretion of the Commission.; e. A record of all minutes and resolutions of the Commission shall be kopt and shall be public record.: i` ti'a'a+ou Etetions fake meetings shat be kept AKa i,,:a '"fl" the Town Clerk. f, Residency and meeting attendance requirements will conform with current Town Resolutions, Duties and Functions -t ~a...a ~~v a uau w•.a Lv, L11V d l, th f pragFams. eye 3pmepA o e new te meet -now eonditions and to r espond to the e hanging eefnmi"ty ages in the Town and its s hef e of influ ene i i ti W 4 p sepperted pregr-Effns in thase fi elds a e, exam ne Nate si b m s ng pf ak y aiid publiely d l l f , - 1 ae prog rams, eve op p ans er- th . The function of the Commission: shall be to serve in an advisory,capacity to the Town CounciLregarding Town policies:within its scope of expertise; specifically,. on the housin g and human service needs of the community. With the prior approval of, arid./or .at the direction of, the Town Council or,its delegate, the Commission shall receive publi- input, evaluate options, and make recommendations on policy issues including, but not limited to, the following: 1. The goals and objectives contained in. he Horan Service llement of the Town's - General Plan and 2.;.' The coordination of community services programs between the Town.and other . and both'public-and .phvate;-and 3 Emerging community needs, including dernographie and econora'ic tren s b. The Commission shall make recommendations to Town Council concerning projects to be included in funding applications under the Housing and Community Development Act of 1974 and perform the duties necessitated by the Act upon the request of Town Council. c. In developing recommendations to the Town Council, the Commission should: 1. Elicit the interest and support of various relevant community individuals and groups. 2. Study and examine sources of public and private funding to meet housing and community service needs. 3. Evaluate the effectiveness of existing programs and make constructive suggestions for improvement. 4. Examine ways to minimize and/or eliminate overlapping and duplicative services. d. The Commission may send representatives, when appropriate, to other bodies or commissions. e. The Commission shall perform other duties as assigned by the Town Council. BE IT FURTHER RESOLVED that Resolutions 2004-60,1996-36,1993-99, and 1988- 215 are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the th day of z 2009, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: IsI Jackie D. Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 Attachment 3 PARKS COMMISSION RESOLUTION 2009- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE PARKS COMMISSION ENABLING RESOLUTION AND RESCINDING RESOLUTION 2004-3 RESOLVED by the Town Council of the Town of Los Gatos, that the Town Council does hereby establish the terms and conditions for appointment to and conduct of the Parks Commission. The Commission is advisory to the Town Council and operates in the manner hereinafter prescribed. 1. 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 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. Both -ofthe 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. Both of;the 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. Getmei' appFeva 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 three (3) feuf (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 three 3. one A of the adult 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 provwsions ~fthe current Admmistzative-Policy Geunoil pelisy. 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). Regular meetmgs of the Commission shall be. held six (6) times per. calendar year-through June 30, 2010. Beginning July 1;.2.01 0, regular meetings of the Commission shall be. held four (4) t~rre per calendar. year... Special meetings maybe scheduled at the discretion -.of the . Commission. h. month, and, at the ;hive (S) members 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 Town Manager Dir cter of Pa&s and des ghee whe _81.an SeeFeta-r-y of *0 Commission ~64theut vote. Meeting attendance requirements will conform with current Town Resolution. k A record of all minutes aid resalntions of the Comrnissiori shall be kept and shall _ be a public record.: - - - Clerk. 2. Powers and Duties. a The function of the Commission shall be-to serve in an advisory capacity to the Town Council regarding Town policies within its scope of expertise; specifically, on matters pertaining to public parks, off-street trails, open space; graurids, and street trees. With the prior approval of, and/or >at the dire ction ofhe Town Council or its delegate, the Commission shall receive: public, input, evaluate options, and make recommendation-_0 policy issues including, but not limited to the following: 1..- Policies _and procedures on park; trail, open space, and street tree:programs 2. Inventories of park, trail, open space, and street tree services that. exist or may b needed, and of the needs.of the public regarding these services. 3. Coordination of park, trail, open- space, and street tree services with the.ptobram. s of other governmental agencies; and voluntary' organization s The diAies ^ fthe nar'y'" Gem issie+ sh iuv uu yy y.. t oo Off AfOet tFailS o en fo unds s treet d b T tifi i , p 7 g , an ) ea own u cat on, emd t o b Review oheies and ree@dures on # il t . p p nrogrmns fter a 1 by the To wn Ge 7 a , opeti 7 ree 7 s t 7 e of A t tt - t il" d b i ifi i . pa need s, s ed ree , e e, r a a n ea at eat ithi t en h 7 to the Town G eu*ei b , t t , W n es the n -r-ogr- the t""b" e Un efsta ~ ns efothe nC the ehe r bny . ies an viiuiivR d W 0 ta a u5v ens 7 iivia € th 7 T s re n v e ] eluntai-f k t t + t . l . L411{A beau p tifkafiaii . a e e wn pa-1 , s ree fee, o pen s ,cm tr a s, for- the p arks st-Feet t ree e ea a nd b tifi ti d l g Held hea , fin s en ma , tters p 7 eftaini n :~e ] ark o ea u ca on d t pr-ograffi il i s, an a on g r-ange . g p p g , p en aa 7 ra s s t es, . d l i h Gommis8ie-n of any of the authorit of diser-e6enaf or as Et e egat 7 t d d i on to t e Par4s db ! , i y y powers v i t t es e an mpose l y am n stf f n eres , ) ffa ke, and BE IT FURTHER RESOLVED that Resolution 2004-3 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the th day of , 2009, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Isl Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Isl Jackie D. Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Attachment 4 TRANSPORTATION AND PARKING COMMISSION RESOLUTION 2009- 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 PARKING COMMISSION, AND RESCINDING RESOLUTION 2004-110 WHEREAS, transportation issues throughout Los Gatos need to be carefully evaluated to ensure that the quality of life in Town is positively impacted by proper transportation management; and, 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 365Q 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 of the Town of Los Gatos in accordance with the provisions of the Parking Law of 1949; and, WHEREAS, the Parking Law of 1949 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. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town 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 of the rights, powers, duties, privileges, and immunities vested by the Parking Law of 1949 in the members of the Parking Authority shall be vested in the Council of the Town of Los Gatos as the Parking Authority of the Town of Los 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 of the Parking Authority of the Town of Los Gatos. ai the Temq Clerk an Tew i ~.ua~iug i n i PaA *therit-y of the Tewn of-Les Gates. 2. There is a need for a Transportation and Parking Commission to function in the Town of Los 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 1. 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 Commission, for all members. (1) Peme*s initiaaly ~ ...u~.~r~ ~cr~-appointed residents. 2. Members shall serve a term of three (3) four (4) years and until their successors are appointed and qualified, except any appointments to fill an unexpired term shall be for such unexpired period. At its fk:st meeting, or as seen as possible thereafter-, the Gemmissien s4ag eleet The Commission shall appoint and prescribe the terms of office for its Chair and Vice-Chair. 4. Four(4)1 voting members of the Commission shall constitute a quorum for the purpose of transacting business. 5. 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 provisions of the current Administrative Policy GOtffieil 6• . 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). Regular meetings of the Commission shall be held six (6).times per. calendar year through Junc 30, 2010. Beginning July 1, NI O, regular meetings of the Commission shall be held',four (4) times per. calendar year. Special meetings may be scheduled at the discretion of the Commission.., 2 7. A record of all minutes and resolutions of the'. Commission sha11 b`e kOp t and slal_1 be a public record.. Mifi~utes ef the aefiens taken dii~iiig its meetings shall be kef4 - 8. Meeting attendance requirements will conform with current Town Resolution. -c The function of the Commission shall be to serve in an advisory capacity to the Town Council and Parking Authority regarding Town and Parking Authority policies within its scope of expertise; specifically, on matters related to transportation and parking. With the prior approval of, and/or at the, direction of, the Town Councils the Parking Authority,. or its. delegate, the Commission shall receive public input, evaluate options, and make :recommendations on policy issues including, but not limited to, the following: The construction, operation, and maintenance of publicly owned off-.street parking lots and structures and on-street parking spaces. within the Central:. Business District. 2. Parking meter policy, directional sign-placement; and parking 1 t,traffic patterns: 3, Fees and assessments for the parking improvement program. The allocation of funds derived.from revenues collected on behalf of the Parking Authority. Any recommendations shall be based on allowed uses of such proceeds consistent.with state.. rnd local law: 5 Traffic calming measures in accordance with the approved Traffic Calming Policy. Such proposals, if implemented, would be .temporary.: Permanent installations of traffic calming me . asures.would be made with a consensus of the affected neighborhood and the approval of the Town Council. 6. Local transportation issues. 7. Bikeways and bicycle system planning:` Review , > tr . 5 Make r- eee fnm eftdffti ens r-e a f din the alle e ti f A d d i d f . ealleet ed o n be half o g f the Pa g a on r-kin Auth it T e m r, er ve h d i rom revenues h l based o o a n aw. 4lex 'YY us eU 4L.] V eU of V ' g or y. 1, TL TI reeds cVl1UlU+ 4V e reeefflme* at nt with state i+ ans s a l b 1.. .,1 l • staf . i fi %48 t ise Review re m 4 i e fT° o pe • i pAVrVVCc u' uu r au v uLUa aeeerE it4n t r- -I; e a , 1 ea fi S H l; P pp - - m u ue p ey. e g - o W 1,." 'f " de `T it ~ nf'f'„„± - - „ - - - 1, - -1."'..1'", - - f th th r.xV laa xaav~sv a vu rrVvVa 1~ V µ yr aLaa VV approval of the Tewn Couneil. e e o e an as requested by the Town GeffR&A, 9 as 11 o • a v1 ava1.A V L1aVa V NLaVU µr 'Al Vall Lllll 3. This Resolution shall take effect immediately upon its adoption. BE IT FURTHER RESOLVED that Resolution 2004-110 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the th day of , 2009, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Isl Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Isl Jackie D. Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 4 Attachment 5 RESOLUTION 2009- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING PUBLIC ART SELECTION POLICIES AND PROCEDURES AND RESCINDING RESOLUTION 1992-78 WHEREAS, the Town of Los Gatos has a Public Art Selection. Program allowing it to commission art work and to accept art work on loan and as gifts; and WHEREAS, the Town Council of the Town of Los Gatos wishes to revise its policies and procedures which govern the Public Art Selection Program. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Town of Los Gatos Public Art Selection Policy and Procedure (Exhibit A) is hereby adopted; and 2. Resolution 1992-78 is hereby rescinded. PASSED AND ADOPTED COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Isl Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Isl Jackie D. Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CADocuments and Settingslmdudley\Desktop\Public Art Selection Policy redlinc.doc TOW1V OF QS QATQ9 PUBLIC ART SELECTION POLICY AND PROCEDURE 1. PURPOSE The purpose of this policy is to provide a process through which the Town of Los Gatos (hereiniafter Town) can accept art work on loan or as a gift as part of a Public Art Program. The policy also provides guidance to the Town and the TQW11 of 16 Gatos Arts and Culture Commission (hereinafteCo r. massion): for purchasing existing art work and for commissioning artists to create new art work for the Town. II. SCOPE This policy applies to the installation of all art work loaned to the'T`ow- for- meMe th-v fl -,-A meffffi, gifted, purchased, or commissioned by the Town for public display. A separate process may be implemented for the installation of art work in a new Town. facility or - - - related to any Town' construction project: A_ ; The Town Manager is hereby authorized to accept loans and/or `gifts to the Town of art work that is valued at or below five thousand dollars ($5;000); and that, if a loan; will be-loaned. to the Town for a period of. five (5) years or less B. All purchases and commissions by the Town of art work must be considered through the procedures outlined below in Section IV,-Procedure: C_- All. loans and/or-gifts to the Town of art work that is-valued at more than five thousand dollars: ($5000). and/or that, if a loan, will be loaned to the Town fora period of more than five (5) years,-.mu st be considered through the procedures outlined below in: SectionlV, Procedure: III. Policy The Town of T os Gatos plans for public installation of art work. It is the objective of the Public Art Program to provide the community with the opportunity to enjoy access to a variety of art work and to work with a variety of artists over time. Local Los Gatos artists shall receive preferred consideration under the Public Art Program. Artists and art work from other geographic regions shall also be considered for inclusion. IV. Procedure Art work which is to. be considered for public installation shall be first. reviewed by the Public Art Subcommittee (hereinafter Subcommittee), a subcommittee of the Commission. The Subcommittee shall meet only-on an as-needed basis in -order to consider art work under. the scope of this Public Art Policy. The `Subcommittee shall develop a written recommendation to the Commission;. The recommendation shall include one or more proposed locations for _placement .of the.proposed artwork. I.- Should: the Subcommittee find that the proposed installation might have:.an impact on.a Town park, the Subcommittee shall solicit a written recommendation from the Town'Of Los Gatos Parks Cominissiori, which 2 shall be included, in the Subcorn nittee's re04mmeAdation to the. Commission. B. The Commission shall consider the written recommmendation of the Subcommittee 'at a public meeting., if the Commission finds that the proposed. installation would have an impact on an identifiable section of the Los Gatos-community, the Commission may also hold a community meeting. The Commission shall -develop a written recommendation to the Town Council. C,_ The Town Council shall consider the written recommendation of the Commission =at a public meeting. The Town Council shall make. the final decision regarding a proposed public installation of art work, including its location.; D This procedure shall also be followed for considerationo f renewal cir note renewal of loaned art work, and of the proposed deaccession of art work. . M work "sv'ziivh-iis~effe_;ed4,9 g1we TO~VE~fvr ••~crbiiv azstallatio 8 lrntu-be members. T4ese five "'1 ers shat ba" professienal, are A member f~ t Weet, e h tee.) t t l ein e y a arge Commission to the Town Couneil for- a L T h ll b ppr-eva eFm s a e two -au ~aiiµll be V shall b ' µ11 year-P, neeossait A4ien votin on wheth t t t y. g er or no o aeeep an aA 7 m sha4l be eneoufa ed to reach eansens if i ib ember-s l g us. eensensus s not poss simple majer-it veie shall - revail T-4 A 4 S l ti P l i e i y p . e i e ee aii ane s requ red to of seleaian The efftire anel shall m t t k A i k i . p ee e ma e a wor se eet o ns. eensiclef,. V. Criteria and Conditions for Selection A. The Town shall make no promises to exhibit art work permanently or to maintain art work as the property of the Town in perpetuity. B. The Town shall maintain a responsible collection, maintenance, and deaccession policy and procedure for art works which are accepted as part of the Town's Public Art Program. C. No acquisition shall be accepted without written permission and approval from the Town Council, D. Acceptance shall result in a contract between the donor or artist and the Town. (A :contract for art work which is load d will include ^ane f r a clearly defined period of time, with the lender retaining title to the art work.) E. The following shall be criteria for determining whether an art work is acceptable: 1. Aesthetics: It shall be deemed to be an art work of lasting aesthetic value. 2. Quality: There is inherent quality in the art work itself (i.e. the work sl_~al ip necess~rzly lie accepted based on the artist's overall reputation). 3. Style: An art work shall be compatible in scale, materials, form, and content with its surroundings. 4. Permanence: Due consideration shall be given to structural/surface soundness, resistance to theft, vandalism, weathering, and excessive maintenance repair costs. 5. Public Liability: Each art work shall be examined and approved for safety conditions and factors which may bear upon public liability. 6. Diversity: The overall Public Art Program shall consider diversity in style, scale, and media. 7. Technical Feasibility: (For purchases or commissions) Each art work shall be examined for convincing evidence of the artist's ability to successfully complete the art work as proposed. 8. Duplication: To assure that the art work will not be duplicated, the artist shall be asked to warrant that the art work is unique and an edition of one, unless stated to the contrary in the contract. (Multiples shall be considered for selection at the discretion of.:the Counissiori Panel's A# Seleetion ,a 9 Public Comment- The input of the communitY441 l be solicit d by tl Subcommittee, Commission, and Town Council: Vl. CRITERIA FOR CONSIDERATION FOR ART WORK PLACEMENT Prior to placement of an art work, the following factors shall be considered: A. Visibility 13. Lighting C. Public Safety D. Traffic Patterns: interior, exterior, foot, and auto E. Location: relationship to existing art work, architecture, and natural features in the proposed vicinity F. Future development plans for the area G _Ij r, rnpac# pn the cornmuruty oneighborhood in the proposed vicinity V11. ROLES AND RESPONSI-BILMES A. Town Gouneil: i. Appoints Aft gelepAiea Panel members. Panel, and B Arts Com i i . m ss alp i . Re- ews Af - 4 te'a'l^"^"' Of 1°•'`7°iV1AlAV1 " " V the uviivl 41 l " fe "BOF° Of the ,3„L,1' 111 laee r e f a44 wor b&Se on n rt S l a` k l r ti P p 3. Reronuneads Art , o o a on ane . Vl Vll Panel Makes Y-eeonwnE%datien to the A44 C i i th &II s omm ss on en e e s purehase, s appF&pnfft45-. ti „t" 1'1" f r e ol ls installation of Publie. Art, S4bcoffHl+i# . par commissiom P k b ar , ased on AA. i i ommissiell tv-9wim4ssie Attachment 6 RESOLUTION 2009- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING ATTENDANCE REQUIREMENTS FOR MEMBERS OF ALL TOWN COMMISSIONS, COMMITTEES, AND BOARDS, EXCEPT THE PLANNING COMMISSION, AND RESCINDING RESOLUTION 2003-136 WHEREAS, the efficient conduct of the Town's business requires the attention of all members of appointive commissions, committees, and boards of the Town; and WHEREAS, the absence of such members can weaken the. efforts and effectiveness of the Town's advisory bodies; and WHEREAS, it is in the interest of the Town to require reasonable attendance by members at the meetings of such commissions, committees, and boards; and WHEREAS, Resolution 2003-136 currently governs the attendance policy for all appointive commissions, committees, and boards of the Town; and WHEREAS, the Town Council now desires to replace the policy contained in Resolution 2003-136 with the attendance policy stated below for all appointive commissions, committees, and boards of the Town, with the exception of the Planning Commission; and WHEREAS, the attendance policy for the Planning Commission shall be governed by separate resolution, as its members attend many more regularly scheduled meetings. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THE FOLLOWING: 1. All members of all appointive Town commissions, committees, and boards should attend all regular meetings of said commissions, committees, and boards. 2. Any member of an appointive Town commission, committee, or board, with the exception of the Planning Commission who is absent from the number of regular meetings lasted.below appropriate Yo his Qor - her cornmssxon committee or board hold in _ - _ , (4) i vba.ci ui uivvLltl~„S71TiIL I1TrLL shall, as a result, surrender his or her office on the commission, committee, or board and the office shall be considered vacant. a For a commission, committee; or board which holds six (6)' or rnorc regular meetings per twelve (12) month period: four (4) regular meetings. b :For a commission, committee, or board which holds five (5). or fewer ~ egul it meetings per twelve (12) month period: two (2) -regular meetings. 3. At the Mayor's request, the member may continue to serve until his or her successor is appointed. The vacant position shall be filled by appointment by a majority vote of the Town Council, for a tern 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 commission, committee, or board. 4. A commission, committee, or board member maybe removed from the commission, committee, or board prior to the end of his or her term by a four-fifths (415) vote of the Town Council. 5. Resolution 2003-136 is hereby rescinded. PASSED AND ADOPTED at a Los Gatos, California, held on the day of COUNCIL MEMBERS: AYES : NAYS: ABSENT: ABSTAIN: ATTEST: Isl Jackie D. Rose meeting of the Town Council of the Town of , 2009, by the following vote: SIGNED: /s/ Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA