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HomeMy WebLinkAbout030122-08.2 ADMINISTRATIVE STAFF REPORT 8.2 TO: Mayor and Town Council March 1, 2022 SUBJECT: Ordinance No. 2022-02, adding a new Section 2-16 to the Danville Municipal Code establishing a Bicycle Advisory Commission BACKGROUND At its July 6, 2021, regular meeting, the Town Council adopted the Townwide Bicycle Master Plan (“BMP”). The BMP identified the need for a Town Bicycle Advisory Committee to advise on the development of project and programmatic recommendations contained in the BMP. The Bicycle Advisory Committee would also represent the interests of the community on issues and initiatives related to bicycling and other users of non-motorized forms of transportation and would serve as an information source regarding these topics to the Town Council and Town staff. At its February 8, 2022, study session, the Town Council reviewed options for creating either an ad hoc committee or commission that would best meet the needs of the community. Ultimately, the Town Council directed staff to draft an ordinance that would create a Bicycle Advisory Commission consisting of a total of six (6) regular members with one (1) member of whom would represent the youth community. DISCUSSION The Bicycle Advisory Commission (“BAC”) would be responsible for advising the Town Council on how the Town can better support bicyclists and users of non-motorized transportation modes and would define clear goals and objectives through development of an annual work plan. Goals, objectives, and duties would include advising on prioritization and implementation of projects and programs contained in the BMP; providing input on conditions, operations and safety of existing bicycle infrastructure; review and input on proposed bicycle-related policies, funding applications, and legislation; coordination with the public to promote cycling programs and projects; and development and dissemination of bicycle awareness and education materials to the community. The BAC would hold at least one regular quarterly public meeting with the ability to call special meetings as necessary. Composition of the BAC would represent a broad cross- section of the bicycling community such as recreational cyclists (i.e., on-road and off-road cyclists), commuters, families, seniors and youth, and local merchants interested in cycling and cycling safety. Bicycle Advisory Commission 2 March 1, 2021 For the initial appointments to the BAC, two (2) regular members would serve two-year terms, three (3) regular members would serve four-year terms, and one (1) Youth Commissioner would serve a two-year term. Subsequent appointments for regular members would be four-year terms. PUBLIC CONTACT Notice of this hearing was published in a newspaper of general circulation. Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Introduce and read by title only Ordinance No. 2022-02, adding a new Section 2-16 to the Danville Municipal Code establishing a Bicycle Advisory Commission and return for second reading on March 15, 2022. Prepared by: Andrew Dillard Transportation Manager Reviewed by: Tai J. Williams Assistant Town Manager Attachment: Ordinance No. 2022-02 ORDINANCE NO. 2022-02 ADDING A NEW SECTION 2-16 TO THE DANVILLE MUNICIPAL CODE ESTABLISHING A BICYCLE ADVISORY COMMISSION The Danville Town Council does ordain as follows: SECTION 1. ADDING A NEW SECTION 2-16 TO THE DANVILLE MUNICIPAL CODE. A new Section 2-16 is hereby added to the Danville Municipal Code to read as follows: SECTION 2-16 BICYCLE ADVISORY COMMISSION 2-15.1 Creation of Bicycle Advisory Commission A Bicycle Advisory Commission of the Town of Danville is hereby established. The Commission shall consist of six (6) regular members, one of whom shall be a Youth Commissioner as defined in Section 2-15.11 below. 2-15.2 Qualifications All members of the Commission shall have experience, training, occupation, or education demonstrating a knowledge of and interest in bicycling. Members of the Commission shall represent an inclusive cross-section of interests in bicycling such as recreational cyclists (road and mountain biking), commuters, families, seniors and youth, and merchants interested in cycling and cycling safety. 2-15.3 Powers and Duties Advise the Town Council and Town Staff on matters related to: 1. Implementation of the Town’s Bicycle Master Plan; 2. Conditions, operations and safety of existing bicycle facilities and other non- motorized forms of transportation; 3. Review of proposed bicycle-related policies, programs, projects, plans, funding applications, and legislation; 4. Coordination with the public including bicycle-related organizations, the business community, and other local agencies to promote cycling projects and programs; and 5. Development and dissemination of bicycle awareness and education materials to the community. DocuSign Envelope ID: 2D13028C-1EDD-4A0E-87AE-B16F02D35543 PAGE 2 OF ORDINANCE NO. 2022-02 2-15.4 Term of Office For the initial five appointments to the Commission except the Youth Commissioner, two of the members shall be appointed to two-year terms and three shall be appointed to four- year terms. All subsequent appointments shall be for four-year terms. The term of the Youth Commissioner shall be two years. 2-15.5 Time and Place of Regular Meetings The Commission shall hold at least one regular quarterly meeting. The Commission shall fix the time and place of its regular meetings by resolution and may call special meetings as necessary. All meetings of the Commission are open to the public and the Commission shall give notice of its meetings as required by law. 2-15.6 Absence from Meetings If a member of the Commission is absent without cause from three (3) consecutive regular meetings of the Commission, that member’s office shall be vacant automatically. The Commission shall immediately notify the Town Council of the vacancy. A member is not absent without cause if that member’s absence is (1) due to illness or (2) unavoidable, and the member gives the Secretary of the Commission notice before the day of the regular meeting at which the member will be absent and giving the reason for the absence. 2-15.7 Removal or Vacancy A member of the Commission may be removed by a majority vote of the Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. 2-15.8 No Compensation Members of the Commission shall not receive compensation for their attendance at Commission meetings but are entitled to reimbursement for reasonable expenses actually incurred in the course of their duties, provided that such reimbursement shall first be approved by the Town Council. 2-15.9 Adoption of Rules The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings, and determinations. DocuSign Envelope ID: 2D13028C-1EDD-4A0E-87AE-B16F02D35543 PAGE 3 OF ORDINANCE NO. 2022-02 2-15.10 Residency Requirement All members of the Commission shall be residents of the Town of Danville. 2.15.11 Qualifications and Role of Youth Commissioner The Town Council shall appoint a Youth Commissioner to serve on the Commission to represent the interests of Danville youth. The Youth Commissioner shall be a Danville resident of high school age. The Youth Commissioner shall have the same obligations and authority of all other commissioners. 2-15.12 Officers and their Duties The Commission shall elect a Chair and Vice-Chair from among its members. The Chair and the Vice-Chair serve for a term of one (1) year and until the successor of each is appointed and qualified. The Chair shall preside at all meetings of the Commission, shall appoint committees of the Commission as needed, and shall perform such additional duties as are necessary and incidental to the office. The Vice-Chair shall perform the duties of the Chair on such occasions as the Chair shall be unavailable or unable to perform such duties. 2-15.13 Brown Act and Conflicts of Interest The Commission shall be subject to and conduct its business in compliance with the Ralph M. Brown Act, California Government Code, Section 54950 et seq. The members of the Commission shall be subject to the provisions of the Town’s Conflict of Interest Code. SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. DocuSign Envelope ID: 2D13028C-1EDD-4A0E-87AE-B16F02D35543 PAGE 4 OF ORDINANCE NO. 2022-02 The foregoing Ordinance was introduced on March 1, 2022, and approved and adopted by the Danville Town Council on March 15, 2022, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ MAYOR APPROVED AS TO FORM: ATTEST: __________________________________ ______________________________ CITY ATTORNEY CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2022-02 of said Town and that said ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville DocuSign Envelope ID: 2D13028C-1EDD-4A0E-87AE-B16F02D35543