Staff Report
MEETING DATE: 10/18/16
ITEM NO12
:
COUNCIL AGENDA REPORT
DATE: OCTOBER 12, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: REVIEW AND DISCUSS THE POLICY COMMITTEE’S RECOMMENDATIONS
TO AMEND COUNCIL POLICY 2-11 ENTITLED COMMISSION
APPOINTMENTS
RECOMMENDATION:
Discuss and adopt the Policy Committee’s proposed amendments to Council Policy 2-11 entitled
Commission Appointments; the enabling Resolutions for Boards, Commissions, and Committees; and
rescinding Resolution 2004-042 entitled Establishing Residency Requirements for Specified Boards and
Commissions, Resolution 2011-012 entitled Amending Attendance Requirements for Members of all
Town Commissions, Committees, and Boards, and Resolution 2014-041 entitled Establishing the
Requirements for a Quorum at Town Boards, Commissions, and Committees Meetings.
BACKGROUND:
At its March 1, 2016 Town Council meeting, the Town Council discussed and considered staff
recommendations to amend Council Policy 2-11 entitled Commission Appointments. As this issue had
not been agendized for Policy Committee review prior to the March 1 meeting, the Council voted to
return this Policy to the Committee for its review, discussion, and recommendation.
DISCUSSION:
At its March 24, June 23, August 25, September 29, and October 13, 2016 Policy Committee meetings,
the Committee discussed and considered staff recommendations to amend Council Policy 2-11 entitled
Commission Appointments. After the August 25 Policy Committee meeting, staff shared the
Committee’s suggested changes to the Policy and enabling Resolutions with staff liaisons and Boards,
Commissions, and Committees to receive their comments and suggestions.
At its September 29, 2016 meeting, the Committee reviewed and discussed the comments received from
the staff liaisons and Commissioners regarding the proposed amendments.
PREPARED BY: SHELLEY NEIS ROB SCHULTZ
Clerk Administrator Town Attorney
Reviewed by: Assistant Town Manager Town Attorney NA Finance
S:\COUNCIL REPORTS\2016\10-18-16\12 Commission Appointment Policy\Staff Report.FINAL.docx
PAGE 2
POLICY COMMITTEE
SUBJECT: REVIEW AND DISCUSS THE POLICY COMMITTEE’S RECOMMENDATIONS TO
AMEND COUNCIL POLICY MANUAL 2-11 ENTITLED COMMISSION
APPOINTMENTS
OCTOBER 12, 2016
The following is a summary of the recommendations proposed by the Policy Committee that would be
applicable to all Boards, Commissions and Committees:
Commission Membership
The Committee recommends that the number of members should be seven for the Arts and Culture
Commission, Bicycle and Pedestrian Advisory Commission, Community and Senior Services
Commission, Library Board, Parks Commission, and Transportation and Parking Commission;
incorporating the residency, attendance, and quorum requirements into the Policy; and including general
language in all enabling resolutions to encourage collaboration amongst all Boards, Commissions, and
Committees on work items.
Residency Requirements
The Committee recommends all adult Commissioners be required to reside in the incorporated municipal
limits of the Town of Los Gatos.
The Committee discussed in depth the residency requirement for the Youth Commission. Based on input
from the Youth Commission and staff liaisons, the Committee recommends removing the school
requirement for Student Commissioners, and students with a Los Gatos mailing address in the
unincorporated portions of Santa Clara County would remain eligible for the Youth Commission.
In addition, the residency requirements would also impact the General Plan Committee, the Building
Board of Appeals, and the Parks Commission. The General Plan Committee enabling resolution currently
allows for a business owner to be appointed, the residency requirement would mean the business owner
would also have to be a resident. The Building Board of Appeals enabling resolution allows non-resident
business or property owners to be appointed. The Parks Commission enabling resolution allows for the
appointment of a Monte Sereno resident. The recommendation of the Policy Committee would require all
of the adult Commissioners on these Boards to be residents in the incorporated municipal limits of the
Town of Los Gatos.
The following is a summary of the recommendations specific to each Board, Commission, and
Committee:
Arts and Culture Commission (ACC)
The Committee’s proposed change for the Arts and Culture Commission is to have a Youth
Commissioner appointed by the Youth Commission. With the addition of a Youth Commissioner and to
keep the total membership at an uneven number for voting purposes, the adult membership will be
reduced by one, for a total membership of seven.
Bicycle and Pedestrian Advisory Commission (BPAC)
Based on public input, the Committee recommends modifying the membership to change the co-
commissioner appointments to the typical appointments by Council, with the exception of the Youth
Commissioner. The total voting membership would be seven, six adults and one Youth Commissioner,
with encouragement that the Transportation and Parking Commission, Parks Commission, and Safe
Routes to School Coalition would continue to appoint liaisons that are non-voting members.
PAGE 3
POLICY COMMITTEE
SUBJECT: REVIEW AND DISCUSS THE POLICY COMMITTEE’S RECOMMENDATIONS TO
AMEND COUNCIL POLICY MANUAL 2-11 ENTITLED COMMISSION
APPOINTMENTS
OCTOBER 12, 2016
To implement the change, the Committee recommends modifying the current recruitment to say that
BPAC will need up to four Commissioners. BPAC and T&P Commissioners provided input to the
Committee and are in agreement with the Committee’s recommendation.
Building Board of Appeals (BOA)
The Committee’s proposed change would require all members to be residents in the incorporated limits of
the Town and the Board would meet only as necessary.
Community and Senior Services Commission (CSSC)
CSSC currently has two appointed Student Commissioners. The Committee’s proposed change would
mean there would not be directly appointed Student Commissioners to the Commission, instead the Youth
Commission would appoint one Youth Commissioner and the adult membership would be reduced by
two, to reduce the total membership to the recommended seven.
General Plan Committee (GP)
The Committee’s proposed change would require all members to be residents in the incorporated limits of
the Town, and to change the “Property Owner/Manager” designation to “Resident.”
Library Board (LIB)
The Library Board currently has two appointed Student Commissioners. The Committee’s proposed
change would mean there would not be directly appointed Student Commissioners to the Commission.
Instead, the Youth Commission would appoint a Youth Commissioner and an additional adult member
would be appointed by Council to keep the total members at seven. No comments were received from
Board members.
Parks Commission (Parks)
The Committee’s proposed changes for the Parks Commission are to eliminate the option for a Monte
Sereno resident and require all Commissioners to be residents in the incorporated limits of the Town.
This brings consistency to the residency requirement for all Town Commissions, except Youth as
discussed below. There would not be directly appointed Student Commissioners to the Commission.
Instead the Youth Commission would appoint one Youth Commissioner. The adult membership would
be reduced by two, to bring the total membership to the recommended seven members.
Transportation and Parking Commission (T&P)
The Committee’s proposed change for the Transportation and Parking Commission is to have a Youth
Commissioner appointed by the Youth Commission. With the addition of a Youth Commissioner, the
adult membership would be reduced by one to keep the total members at seven. The Committee also
recommended having the Youth Commissioner appointed now and reducing the current adult
Commissioner recruitment to one instead of two. The Commission is in agreement with the
recommendation.
In addition, the enabling resolution has been revised to remove reference to the Parking Authority as it has
been dissolved by operation of law since all funds for the assessment district have been collected, paid,
and refunded.
PAGE 4
POLICY COMMITTEE
SUBJECT: REVIEW AND DISCUSS THE POLICY COMMITTEE’S RECOMMENDATIONS TO
AMEND COUNCIL POLICY MANUAL 2-11 ENTITLED COMMISSION
APPOINTMENTS
OCTOBER 12, 2016
Youth Commission/Student Commissioners
The Committee’s proposed changes are to increase the membership to 26; eliminate the title of Alternate;
appoint all Student Commissioners as Youth Commissioners; eliminate the direct student appointments to
CSSC, Library Board, and Parks Commission; have the Youth Commission appoint one primary
Commissioner and one alternate Commissioner to each of the following: ACC, BPAC, CSSC, LIB, Parks,
and T&P; and to revise the residency requirement in the enabling resolution to remove the school
requirement. Residents with a Los Gatos address in the unincorporated portions of Santa Clara County
would remain eligible for the Youth Commission. The Commission is in agreement with the changes.
Balloting Process
Based on the Council’s recent experience with appointments, the proposed Council Policy update also
proposes a balloting approach to the Council’s selection of appointees to Boards, Commissions, and
Committees. The ballots would be read by the Clerk Administrator. The proposed Policy also includes
procedures in the event of a tie vote.
Other Comments
The Policy Committee chose not to pursue the suggestion of creating a Public Safety Advisory Committee
at this time.
In response to public requests to add two resident members to the Council Finance Committee, the
Committee deferred the discussion to the Council priority setting in January.
ALTERNATIVES:
Alternatives to the recommendation provided above include:
1.Adopt the proposed Policy with revisions identified by the Council.
2.Provide other direction to staff.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office, the Town Attorney, and
applicable Town Departments.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA, and no further action is required.
Attachments:
1.October 13, 2016 Council Policy Committee Staff Report with Attachments 1 through 6
2.September 29, 2016 Council Policy Committee Staff Report