Ord 2018 - Ameding various sections of the Town Code to change the name of the Park Commission to Parks Commission and clarifying procedures for appointment of Student Parks CommissionersORDINANCE 2018
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING VARIOUS SECTIONS OF THE
TOWN CODE TO CHANGE THE NAME OF THE PARK COMMISSION TO PARKS
COMMISSION AND CLARIFYING PROCEDURES FOR APPOINTMENT OF STUDENT
PARKS COMMISSIONERS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
The purpose of this ordinance is to change the name of the Town 'Park Commission" to
"Parks Commission," and to clarify the process for appointment of student Parks Commissioners.
This ordinance specifically amends certain sections of the Town Code to change the term to Parks
Commission; whever else in the Town Code or the resolutions and ordinances of the Town, the
term 'Park Commission" is used, it shall read 'Parks Commission."
SECTION II
Article II of Chapter 19 is amended to read as follows:
ARTICLE II. PARKS COMMISSION*
Sec. 19.20.010. Created.
There is created a Parks Commission for the Town.
Sec. 19.20.015. Appointment, terms of office, compensation of members.
(a) The Parks Commission shall consist of nine (9) members, all of whom shall reside
within the Town, and shall be appointed by the Town Council. The members shall serve without
compensation, but all necessary expenses incurred by them while acting in their official
capacities shall be paid by appropriate action of the Town Council.
(b) Two (2) members of the Commission shall, at the time of their appointment, have
completed the ninth grade, shall be students enrolled in an accredited school and shall be no
more than eighteen (18) years old.
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(c) The Commission shall, by resolution, adopt a procedure regulating the recruitment of
applicants for the student positions and the method by which it or a committee of the
Commission will choose those candidates recommended for appointment. The terms of office of
the student members shall be one (1) year, commencing October first and ending September
thirtieth.
(d) The terms of office of all other members of the Commission shall be four (4) years
and until their successors are appointed and qualify.
Sec. 19.20.020. Removal of members; absence of members.
(a) The Town Council may remove any member of the Parks Commission from office
prior to the expiration of the member's term by the affirmative vote of not less than three- fifths
of all the members of the Town Council. Vacancies shall be filled by appointment by a majority
vote of the Town Council, and shall be for the unexpired portion of the term of office vacated.
(b) Absence from three (3) consecutive regular meetings without the formal consent of
the Parks Commission shall be deemed to constitute the retirement of such member, and the
position shall thereupon be declared vacant.
Sec. 19.20.025. Meetings; quorum; officers; staff.
(a) 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 May first and continue through April thirtieth of the following year.
(b) Staff services as required shall be provided to the Parks Commission by the Director,
who shall also serve as Secretary of the Commission without vote.
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Sec. 19.20.030. Records to be kept.
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.
Sec. 19.20.035. Powers and duties.
The duties of the Parks Commission shall be to:
(1) Act in an advisory capacity to the Town Council in all matters pertaining to public
parks, 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.
(2) Formulate policies and procedures on park, street tree, and beautification
programs for approval by the Town Council.
(3) Recommend the adoption of standards on organization, personnel, areas, facilities,
program and financial support.
(4) Make periodic inventories of parks, street tree, and beautification services that
exist or may be needed, and interpret the needs of the public to the Town
Council.
(5) Aid in coordinating the park, street tree, and beautification services with the
program of other governmental agencies and voluntary organizations.
(6) Interpret the policies and functions of the Town park, street tree, and
beautification programs to the general public.
(7) Advise the Director in the preparation of the annual budget for the parks, street
tree, and beautification programs, and a long -range capital improvement program
for these services.
(8) Hold hearings on matters pertaining to park sites, their acquisition and
development, capital expenditures, and municipal activities in relation to parks.
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Sec. 19.20.040. Article not to affect powers of Town Council.
Nothing in this article 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 article.
SECTION III
Section 26.10.070 is amended to read as follows:
Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015,
and 26.10.060(a) and (c) (in instances involving trees located on private property only), and
26.10.060(e), and 26.30.010 concerning notices to cut down, trim or remove a tree, only, are
appealable to the Parks Commission. Appeals shall be commenced by filing a written notice of
appeal with the Secretary of the Parks Commission within ten (10) days after the property owner or
possessor of land is notified of the decision. The notice of appeal shall state the name and address of
the appellant, the location of the tree, including the street address of the property most likely to assist
in locating the tree if there is such address, a description sufficient to identify the tree, describe the
specific action of the Director which is the subject of the appeal, and state the grounds for the
appeal.
(b) Determinations of the Parks Commission under the provisions of this chapter, including
determinations on appeal from decisions of the Director, are appealable to the Town Council.
Appeals shall be commenced by filing a written notice of appeal with the Town Clerk within ten
(10) days after the property owner or possessor of land is notified of the decision. The notice of
appeal shall state the name and address of the appellant, shall describe the determination or decision
appealed from, and shall state the grounds for appeal.
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(c) Any interested person may appeal.
(d) All appeals under the provisions of this chapter shall be determined after hearing by the
appellate body of all of the evidence concerning the determination from which the appeal is taken.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on July 15, 1996 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on August 5,
1996. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MAYOR KF THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
v�
CLERK OF THE TOWN OF LOS G TOS
LOS GATOS, CALIFORNIA
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