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HomeMy WebLinkAbout011425-08.1 ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council January 14, 2025 SUBJECT: Consider removal of two members of the Town’s Bicycle Advisory Commission BACKGROUND In July 2021, the Town Council adopted the Town’s first ever Bicycle Master Plan. One of the recommendations in the Plan was to create a bicycle advisory committee to assist in educating the public on the Town’s “bicycle projects and programs, particularly related to safety and encouragement of bicycling safety in Danville.” In March 2022, the Town Council adopted an ordinance establishing a Bicycle Advisory Commission (the “BAC”). A copy of Municipal Code Chapter 2-16 is attached. The Commission consists of six members, one of whom is a Youth Commissioner. The initial members of the BAC were appointed on June 21, 2022 and the initial meeting of the BAC was held on September 26, 2022. During the past year, the Town Council discussed the status, roles and membership of the BAC at the study session of April 9, 2024, the regular meeting of May 7, 2024 and, most recently, at the study session of December 10, 2024. At the conclusion of the discussion on December 10, a majority of the Council directed staff to agendize an item for this meeting to consider whether to remove two members from the BAC: Bruce Bilodeau and Alan Kalin. DISCUSSION Municipal Code Section 2-16.7 provides that “A member of the Commission may be removed by a majority vote of the Council.” This is consistent with Government Code Section 36506, which states that commissioners appointed by a city council “hold office during the pleasure of the city council.” Commissioners Bilodeau and Kalin were both appointed to the BAC as original members in 2022 and their terms run through June 30, 2026. Should either or both commissioners be removed, the Town would begin a recruitment process for replacement members to fill out the remaining terms of anyone removed. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. Consider Removal of BAC Members January 14, 2025 2 FISCAL IMPACT None. RECOMMENDATION Conduct a public hearing to consider whether to remove Commissioners Bilodeau and/or Kalin from the Bicycle Advisory Commission. Prepared by: Robert B. Ewing City Attorney Attachment: Municipal Code Chapter 2-16 2-16 BICYCLE ADVISORY COMMISSION. 2-16.1 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 set forth in Section 2-16.11 below. 2-16.2 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. 2-16.3 Powers and Duties. Advise the Town Council and Town staff on matters related to: a. Implementation of the Town's Bicycle Master Plan; b. Conditions, operations and safety of existing bicycle facilities and other non- motorized forms of transportation; c. Review of proposed bicycle-related policies, programs, projects, plans, funding applications and legislation; d. Coordination with the public, including bicycle-related organizations, the business community, and other local agencies, to promote cycling projects and programs; e. Development and dissemination of bicycle awareness and education materials to the community. 2-16.4 Term of Office. For the initial five appointments to the Commission, except for 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. 2-16.5 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. 2-16.6 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. 2-16.7 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. 2-16.8 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. 2-16.9 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. 2-16.10 Residency Requirement. All members of the Commission shall be residents of the Town of Danville. 2.16.11 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. (Ord. 2022-02, § 1) 2-16.12 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, appoint committees of the Commission as needed, and 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. 2-16.13 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.