ORDINANCE NO. 2043
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, DEFINING THE COMPOSITION OF THE
MEMBERSHIP OF THE BICYCLE AND PEDESTRIAN
ADVISORY COMMITTEE AND THE SCOPE OF THE
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE'S
JURISDICTION, ADDING A NEW SECTION 2.120.170
("BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE")
AND AMENDING SECTION 2.120.010 ("NAMES,
MEMBERSHIP, QUALIFICATIONS, AND TERMS OF
OFFICE") OF CHAPTER 2.120 ("BOARDS AND
COMMISSIONS") OF TITLE 2 ("ADMINISTRATION AND
PERSONNEL") OF "THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA"
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
W HEREAS, at the May 22, 1991 City Council meeting, the Council approved a Citizens Committee on Bicycles known as the Bicycle Advisory Committee; W HEREAS, at the February 28, 2006 City Council meeting, the Council approved a Policy Statement for the Bicycle Advisory Committee;
W HEREAS, at the March 4, 2014 City Council meeting, the Council approved to change the Committee to the Bicycle and Pedestrian Advisory Committee (BPAC) and related policy guidelines;
W HEREAS, at the September 14, 2020 Governance and Ethics Committee meeting, the Committee directed staff to bring back a recommendation on formalizing the BPAC that reflects the input of both the Committee and BPAC members; W HEREAS, at the January 25, 2021 BPAC meeting, the Committee discussed the responsibilities and unanimously voted in support of amending the City Code to formalize the BPAC;
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WHEREAS, at the March 29, 2021 Governance and Ethics Committee meeting, the Committee recommended that the City Council consider an Ordinance that clearly sets forth the composition of the membership of the BPAC and the scope of the BPAC's jurisdiction; and,
W HEREAS, at the December 14, 2021 City Council meeting, the Council directed staff to bring back an Ordinance and revised policy guidelines that clearly sets forth the composition of the membership of the BPAC and the scope of the BPAC's jurisdiction.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: The Bicycle and Pedestrian Advisory Committee shall consist of nine (9) members until July 1, 2025. Eight (8) members shall not hold any paid or employment in the City Government and one member is a Council Member serving as Chair. All members of the Bicycle and Pedestrian Advisory Committee shall be 18 years of age or older and residents of, or employed within, the City. The Bicycle and Pedestrian Advisory Committee shall have the following powers, functions, and duties:
(a) Act in an advisory capacity to Council on matters pertaining to modifying, expanding, and maintaining the City's public bicycle and pedestrian transportation systems.
(b) Recommend to Council on the priority of bicycle and pedestrian projects for which the City will seek funding under Article 3 of the Transportation Development Act, and other state, federal, and local funding programs.
(c) Review and advise Council on comprehensive bicycle and pedestrian master plans.
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(d) Recommend complete streets features be incorporated into relevant transportation projects consistent with the City's Complete Streets policy. (e) Support educational, encouragement, recreational, and cultural activities for bicyclists and pedestrians.
This section shall remain in effect only until July 1, 2025, and as of that date is repealed.
SECTION 2: Changes to the structure of the Bicycle and Pedestrian Advisory Committee membership shall be phased in as follows to achieve seven (7) members by July 1, 2025:
(a) Three (3) members appointed in December of 2019 shall have a term of office expiring on June 30, 2023. Said three (3) vacancies shall be filled by Council appointment.
(b) Two (2) members appointed in December of 2020 will have a term of office expiring on June 30, 2024. Said (2) vacancies shall be filled by Council appointment. (c) Three (3) members appointed in December of 2021 will have a term of office expiring on June 30, 2025. Of the three (3) member positions only two (2) shall be filled by Council appointment.
(d) Any vacancies from whatever cause arising, shall be filled by appointment of the City Council. Such vacancy shall be for the unexpired portion of a term.
This section shall remain in effect only until July 1, 2025, and as of that date is repealed.
SECTION 3: Section 2.120.010 (entitled "Names, membership, qualifications and terms of office") of Chapter 2.120 (entitled "Boards and Commissions") of Title 2 (entitled "Administration and Personnel") of "The Code of the City of Santa Clara, California" ("SCCC") is amended to read as follows:
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"2.120.010 Names, membership, qualifications and terms of office.
There shall be and there is established within the City the following boards, commissions, and committees:
(a) Planning Commission. (SCCC 2.120.050)
(b) Parks and Recreation Commission. (SCCC 2.120.060)
(c) Civil Service Commission. (SCCC 2.120.070)
(d) Board of Library Trustees. (SCCC 2.120.080)
(e) Historical and Landmarks Commission. (SCCC 2.120.100) (fl Senior Advisory Commission. (SCCC 2.120.110)
(g) Youth Commission. (SCCC 2.120.130)
(h) Cultural Commission. (SCCC 2.120.140)
(i) International Exchange Commission. (SCCC 2.120.150) (j) Housing Commission. (SCCC 2.120.160)
(k) Bicycle and Pedestrian Advisory Committee. (SCCC 2.120.170) All members of boards, commissions, and committees, except for members of the Youth Commission and Bicycle and Pedestrian Advisory Committee, shall be 18 years of age or older and residents of the City. All members of boards and commissions established by City Charter (i.e., Planning Commission, Parks and Recreation Commission, Civil Service Commission and Board of Library Trustees) shall also be qualified electors of the City.
SECTION 4: Section 2.120.170 is added to Chapter 2.120 (entitled "Boards and Commissions") of Title 2 (entitled "Administration and Personnel") of "The Code of the City of Santa Clara, California" to read as follows:
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"2.120.170 Bicycle and Pedestrian Advisory Committee.
The Bicycle and Pedestrian Advisory Committee shall consist of seven (7) members.
Members shall not hold any paid office or employment in the City. All members of the Bicycle and Pedestrian Advisory Committee shall be 18 years of age or older and residents of, or employed within, the City. The Bicycle and Pedestrian Advisory Committee shall have the following powers, functions, and duties:
(a) Act in an advisory capacity to Council on matters pertaining to modifying, expanding, and maintaining the City's public bicycle and pedestrian transportation systems.
(b) Recommend to Council on the priority of bicycle and pedestrian projects for which the City will seek funding under Article 3 of the Transportation Development Act, and other state, federal, and local funding programs.
(c) Review and advise Council on comprehensive bicycle and pedestrian master plans.
(d) Recommend complete streets features be incorporated into relevant transportation projects consistent with the City's Complete Streets policy. (e) Support educational, encouragement, recreational, and cultural activities for bicyclists and pedestrians.
Effective Date: The ordinance codified in this Section 2.120.170 shall take effect on July 1, 2025."
SECTION 5: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
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SECTION 6: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 7: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California.°
PASSED FOR THE PURPOSE OF PUBLICATION this 22~d day of March, 2022, by the following vote:
AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:
NORA PIMENTEL, MM
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
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