The County of Santa Clara - SCC Public Portal

The word "board" as used in this chapter shall mean any board or commission duly constituted under the provisions of the Charter unless otherwise provided in this Code.

(Code 1954, § 3.2.1-1)

Sec. A6-2. Powers.

All boards of the County shall be constituted and empowered as provided in the Charter.

(Code 1954, § 3.2.1-2)

Charter reference(s)--Board of Supervisors, Art. II; Juvenile Justice Commission, § 504; advisory boards and commissions, § 506; Planning Commission, § 508; Personnel Board, §§ 702--704.

Sec. A6-3. Time and place of meetings other than Board of Supervisors; rules of procedure.

Regular meetings of all boards or commissions other than the Board of Supervisors shall be held no more frequently than once every two months unless specifically exempted from this requirement by the Board of Supervisors. All boards and commissions other than the Board of Supervisors are hereby authorized and shall adopt written rules of procedure by which said board or commission shall be governed in its proceedings, and a copy of said rules shall be filed with the Clerk of the Board of Supervisors.

(Code 1954, § 3.2.1-3; Ord. No. NS-300.515, § 1, 5-18-93)

Sec. A6-4. Meeting date falling on holiday.

Should any regular meeting day for a board fall upon a holiday, that meeting shall be held at the same place commencing at the same hour on the first succeeding day which is not a holiday, and all hearings, applications, petitions and other matters pending for hearing at such meeting shall be automatically continued by the Clerk from said holiday to the first succeeding day which is not a holiday.

(Code 1954, § 3.2.1-4)

Sec. A6-5. Adjourned meetings authorized.

Notwithstanding anything to the contrary herein contained, the meetings or sessions of any board may be adjourned for cause, in good faith, to any time, or from time to time when necessary for the expeditious transaction of business.

(Code 1954, § 3.2.1-5)

Sec. A6-6. Adjourned meeting to be part of regular meeting.

Any adjourned meeting or session of a board shall be deemed to be and shall become and is hereby made a part of all regular meetings and sessions.

(Code 1954, § 3.2.1-6)

Sec. A6-7. Approval of agenda of subcommissions; notice when assistance required.

All boards shall, at each regular meeting, approve the agenda for the regular meetings of subcommissions for the period prior to its next regular meeting, and shall notify the Clerk whenever it desires assistance from any officer.

(Code 1954, § 3.2.1-7)

Sec. A6-8. Voting.

All acts of any board shall be accomplished by a roll call vote if requested by any member in attendance. No act will be valid save with the concurrence of the majority of the entire membership thereof, unless as otherwise provided by law.

(Code 1954, § 3.2.1-8)

Sec. A6-9. Expense reimbursement.

Any member of a County board, commission, or committee shall be reimbursed for child care expense necessarily incurred by such member as the result of official business of the board, commission, or committee, such reimbursement not to exceed the maximum sum of $2.00 per hour.

(Ord. No. NS-300.201, § 1, 1-7-75)

Sec. A6-10. Remuneration of LAFCO members.

In lieu of reimbursement for travel and other expenses in attendance at meetings, members of the Santa Clara County Local Agency Formation Commission shall be reimbursed at the rate of $50.00 per meeting of the Commission.

(Ord. No. NS-300.243, 4-26-77)

Sec. A6-11. Subpoena authority.

Except as otherwise provided by local ordinance, state, or federal law, no advisory board or commission shall have subpoena authority.

(Ord. No. NS-300.773, 12-12-06)

Secs. A6-12--A6-18. Reserved.

CHAPTER II.
JUVENILE JUSTICE COMMISSION*

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Cross reference(s)--Juvenile probation facilities, § A27-18.

State law reference(s)--Juvenile Justice Commissions, Welfare and Institutions Code § 225 et seq.

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Sec. A6-19. Establishment.

There is hereby established a Santa Clara County Juvenile Justice Commission.

(Code 1954, § 3.2.8-1; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-300.92, § 1, 3-7-66; Ord. No. NS-300.283, § 1, 5-8-79)

Sec. A6-20. Membership.

The Commission shall consist of not less than seven and not more than 15 members who shall be appointed in accordance with the provisions of the Juvenile Court Law of the State of California (Welfare and Institutions Code § 225 et seq.). The term of each member shall be four years. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(Code 1954, § 3.2.8-2; Ord. No. NS-304.44, § 4, 5-9-60; Ord. No. NS-300.92, § 1, 3-7-66; Ord. No. NS-300.283, § 1, 5-8-79; Ord. No. NS-300.762, 12-12-06)

State law reference(s)--Appointment of members, Welfare and Institutions Code § 225.

Sec. A6-21. Duties.

The Commission shall discharge the duties and responsibilities set forth in the Juvenile Court Law of the State of California.

(Code 1954, § 3.2.8-3; Ord. No. NS-303.44, § 4, 5-9-60; Ord. No. NS-300.92, § 1, 3-7-66; Ord. No. NS-300.283, § 1, 5-8-79)

State law reference(s)--Duties generally, Welfare and Institutions Code § 229.

Sec. A6-22. Reserved.

Editor's note--Ord. No. NS-300.283, § 1, adopted May 8, 1979, specifically amended the Code by repealing § A6-22, which pertained to the Delinquency Prevention Commission. Said section had been derived from Code 1954, § 3.2.8-4, and Ord. No. NS-300.92, § 1, adopted March 7, 1966.

Secs. A6-23--A6-32. Reserved.

CHAPTER III.
NATIONAL GUARD AND VETERANS AFFAIRS COMMISSION*

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Editor's note--Ord. No. NS-300.426. adopted Jan. 12, 1988, amended Ch. III in its entirety, changing the title from "National Guard Commission" to "National Guard and Veterans Affairs Commission."

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Sec. A6-33. Establishment.

There is hereby established, in accordance with Sections 500 and 506 of the Charter, a National Guard and Veterans Affairs Commission.

(Code 1954, § 3.2.15-1; Ord. No. NS-300.11, § 1, 4-25-55; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-300.426, § 1, 1-12-88; Ord. No. NS-300.765, § 1, 12-12-06)

Sec. A6-34. Membership.

The Commission shall consist of 11 members, five of whom shall be representatives of the five County supervisorial districts appointed by each Supervisor, two of whom shall be representatives of the County at large, and four nonvoting, ex officio members who shall be the commanding officers or designees of the principal Air National Guard and the Army National Guard units represented in the County, the County Veterans Services Officer or designee, and the senior representative of the United States Veterans Administration based in Santa Clara County or designee. Each Commissioner shall have a term of four years and until his or her respective successor is appointed and qualified. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the commission without good cause entered into its minutes.

(Code 1954, § 3.2.15-2; Ord. No. NS-300.11, § 1, 4-25-55; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-300.214, § 1, 7-29-75; Ord. No. NS-300.281, § 1, 4-24-79; Ord. No. NS-300.426, § 1, 1-12-88; Ord. No. NS-300.765, § 2, 12-12-06)

Sec. A6-35. Organization; secretary.

The Commission shall organize itself in accordance with Section 506 of the Charter; and the Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Code 1954, § 3.2.15-3; Ord. No. NS-300.11, § 1, 4-25-66; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-300.426, § 1, 1-12-88)

Sec. A6-36. Meetings of Commission.

Notwithstanding the provisions of Section A6-3, the Commission shall meet on the second Thursday in the months of January, March, May, July, September and November, or upon the call of the chairperson or upon the request of three or more members of the Commission to the chairperson. The time and place of each meeting shall be specified in the notice calling the meeting.

(Code 1954, § 3.2.15-6; Ord. No. NS-300.119, § 1, 5-27-68; Ord. No. NS-300.159, § 1, 12-28-71; Ord. No. NS-300.274, § 1, 2-6-79; Ord. No. NS-300.426, § 1, 1-12-88)

Sec. A6-37. Duties.

The Commission shall act in an advisory capacity to the Board of Supervisors in:

(a) Promoting, aiding and encouraging public support to and recruitment for the National Guard;

(b) Promoting, aiding and encouraging public support for veterans affairs;

(d) Providing appropriate and timely information and recommendations concerning the National Guard and veterans affairs.

(Code 1954, § 3.2.15-4; Ord. No. NS-300.11, § 1, 4-25-55; Ord. No. NS-300.44, § 4, 5-9; Ord. No. NS-300.426, § 1, 1-12-88)

Sec. A6-38. Expenditures.

No expenditures or requisitions for services and supplies shall be made, and no claims for reimbursement shall be submitted for payment, without the approval of a majority of the members of the Commission. The secretary of the Commission shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Code 1954, § 3.2.15-5; Ord. No. NS-300.44, § 4, 5-9-60)

Editor's note--Although § 1 of Ord. No. NS-300.426 did not include the text of § A6-38 in its reenactment of this chapter, the County has advised that the intent was to retain the section.

Secs. A6-39--A6-49. Reserved.

CHAPTER IV.
HUMAN RELATIONS COMMISSION

Sec. A6-50. Declaration of policy.

There is hereby established, pursuant to and in accordance with Section 500 and Section 506 of the Charter, a Santa Clara County Commission on Human Relations. The purpose of the Commission is to advise the Board of Supervisors on matters that foster mutual respect and understanding among or between people within Santa Clara County and to address incidents of prejudice and discrimination perpetrated on and by people, or groups of people, within Santa Clara County because of race, religion, national origin, cultural background, sex, sexual orientation, age, disability, or other factors.

(Ord. No. NS-300.168, § 1, 8-15-72; Ord. No. NS-300.168.1, § 1, 10-15-74; Ord. No. 300.168.2, § 1, 1-27-81; Ord. No. NS-300.486, § 1, 9-17-91; Ord. No. NS-300.779, § 1, 4-24-07)

Sec. A6-51. Membership.

The Commission shall consist of 15 members allocated equally among the five supervisorial districts. The Commissioners shall be nominated by individual Supervisors and appointed by the Board of Supervisors. Each Commissioner shall have a term of four years and until his respective successor is appointed and qualified. The terms shall be staggered so that no more than three members' terms expire each year. No member shall be eligible to serve on the Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the Commission without good cause entered on the minutes of the Commission.

(Ord. No. NS-300.168, § 1, 8-15-72; Ord. No. NS-300.524, § II, 8-10-93; Ord. No. NS-300.607, § 11, 1-13-98; Ord. No. NS-300.779, § 2, 4-24-07)

Sec. A6-52. Organization.

The Commission shall organize itself in accordance with Section 506 of the Charter. It shall prepare rules and regulations for the conduct of its meetings and, after approval by the Board of Supervisors, such rules shall govern the Commission.

(Ord. No. NS-300.168, § 1, 8-15-72; Ord. No. NS-300.515, § 2, 5-18-93)

Sec. A6-53. Expenditures by Commission.

Subject to the approved budget for the fiscal year, no expenditures or requisitions for services and supplies for Commissioners shall be made, and no claims for reimbursements shall be submitted for payment without the approval of a majority of the members of the Commission. The Executive Secretary of the Commission shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Ord. No. NS-300.168, § 1, 8-15-72; Ord. No. NS-300.779, § 3, 4-24-07)

Sec. A6-54. Powers and duties.

The powers and duties of the Commission shall be as follows:

(a) To foster mutual respect and understanding among or between people within Santa Clara County, including people within the County subject to prejudice and discrimination due to race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, gender, sexual orientation, socioeconomic status, civic interest, or other factors.

(b) To make studies in the field of human relationship relating to the Santa Clara County community that, in the judgment of the Commission, will aid in effectuating its general purposes.

(c) To inquire into and investigate incidents of tension and conflict among or between people within Santa Clara County, including people subject to prejudice and discrimination due to race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, gender, sexual orientation, socioeconomic status, civic interest, or other factors, and to take action by means of conciliation, conference, and persuasion to alleviate those tensions and conflict.

(d) To hold conferences and other public meetings in the interest of resolution of tensions, prejudice, and discrimination among or between groups of people within Santa Clara County, including people within the County subject to prejudice and discrimination due to race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, gender, sexual orientation, socioeconomic status, civic interest, or other factors.

(e) To render to the Board of Supervisors for approval, an annual work plan no later than June of each year detailing the activities for the following fiscal year.

(f) To render to the Board of Supervisors at least once each calendar year, a report or reports of all activities. To issue publications and reports of investigation as advisory reports to the Board of Supervisors as in the Commission's judgment will tend to effectuate the purpose of this article and provide a copy of all reports to the County Executive.

(g) To enlist the cooperation and participation of a variety of people in Santa Clara County, including people subject to prejudice and discrimination due to race, religious creed, color, national origin, ancestry, physical disability, mental disability, marital status, gender, sexual orientation, socioeconomic status, civic interest, industry and labor organizations, media or mass communication, fraternal and benevolent associations, public agencies, and other groups in educational campaigns, programs, or other activities as approved by the Board of Supervisors in the annual work plan. The education campaigns, programs, or activities shall be devoted to fostering mutual esteem, justice, and equity among or between the diverse groups within the Santa Clara County community.

(h) Subject to approval by the County Executive, to request the Executive Secretary to take any action for the purpose of furthering the objectives in this article by requesting information, services, facilities and any other assistance from County Departments.

(i) To support a youth task force in order to encourage the participation of youth within Santa Clara County and to consult and advise the Board of Supervisors on youth-oriented areas.

(j) To support a Network for a Hate-Free Community in order to encourage community participation within Santa Clara County and to consult and advise the Board of Supervisors on strategies that reduce hate violence in the community.

(Ord. No. NS-300.168, § 1, 8-15-72; Ord. No. NS-300.168.1, § 2, 10-15-74; Ord. No. NS-300.168.2, § 2, 1-27-81; Ord. No. NS-300.486, § 2, 9-17-91; Ord. No. NS-300.622, § 2, 2-9-98; Ord. No. NS-300.779, § 4, 4-24-07)

Sec. A6-54.1. Reserved.

Editor's note--Section A6-54.1, allowing the Human Relations Commission to investigate discrimination based on sexual orientation, derived from Ord. No. NS-300.206, § 1, adopted Feb. 25, 1975, was repealed by § 3 of Ord. No. NS-300.486, adopted Sept, 17, 1991. This subject is now covered in § A6-54.

Sec. A6-55. Executive secretary.

The Executive Secretary to the Commission shall be the Director of the Office of Human Relations appointed by the County Executive and shall be under his supervision. The Executive Secretary shall attend all meetings of the Commission and shall provide staff assistance to the Board. The Clerk of the Board of Supervisors shall be ex-officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.168, § 1, 8-15-72; Ord. No. NS-300.186, § 1, 5-14-74; Ord. No. NS-300.779, § 5, 4-24-07)

Secs. A6-56--A6-59. Reserved.

CHAPTER V.
HISTORICAL HERITAGE COMMISSION

Sec. A6-60. Declaration of policy.

It is the policy of the County of Santa Clara to protect, preserve, and promote the historical and cultural heritage of this county so that this and future generations may know and appreciate the significant historical places, people and events that have been a part of this area of our state and nation. In order to accomplish this policy, there is hereby established, pursuant to and in accordance with Sections 506 of the Charter, a Santa Clara County Historical Heritage Commission, hereafter known as the HHC.

(Ord. No. NS-300.172, § 1, 3-20-73; Ord. No. NS-300.749, 10-17-06)

Sec. A6-61. Membership.

The Commission shall consist of 11 members. Two members shall be allocated to each supervisorial district at least one of whom shall be a resident of the district. Each of the individual Supervisors shall make the appointments for their respective supervisorial district. The eleventh member shall be an at large nomination appointed by an individual Supervisor on a rotational basis. The rotational sequence for making this one appointment shall be determined by the Board of Supervisors and thereafter shall continue as so designated. The term of each member shall be four years. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the Commission without good cause entered on the minutes of the Commission; or when a member is unavailable or no longer able to participate for any reason. Persons appointed shall have previously demonstrated their interest and participation in matters relating to the historical and cultural heritage of Santa Clara County.

(Ord. No. NS-300.172, § 1, 3-20-73; Ord. No. NS-300.524, § III, 8-10-93; Ord. No. NS-300.607, § 10, 1-13-98; Ord. No. NS-300.749, 10-17-06; Ord. No. NS-300.759, 12-12-06)

Sec. A6-62. Organization.

The HHC shall organize itself in accordance with Section 506 of the Charter. It shall prepare rules and regulations for the conduct of its meetings.

(Ord. No. NS-300.172, § 1, 3-20-73; Ord. No. NS-300.515, § 3, 5-18-93; Ord. No. NS-300.749, 10-17-06)

Sec. A6-63. Duties.

The HHC is advisory to the Board of Supervisors. In addition to the responsibilities conferred by Division C17 of the Santa Clara County Code, the primary duties of the commission shall be to:

(a) Provide to the Board of Supervisors recommendations regarding the acquisition, preservation, public display, and disposition of sites, buildings, documents and artifacts pertaining to the historical and cultural heritage of Santa Clara County.

(b) Support, initiate or collaborate with other organizations to promote and enhance knowledge of the history and cultural heritage of Santa Clara County.

(d) Recommend to the Board of Supervisors additions to and deletions from the Heritage Resource Inventory.

(e) Compile, maintain, and update information in the Heritage Resource Inventory.

(f) Recommend to the Board of Supervisors approval of Landmark designations.

(g) Review and make recommendations on applications for Landmark Alteration Permits.

(h) Review and make recommendations on land development applications for properties located within -h Historic Preservation Combining Districts as provided for in Chapter 3.50 of the Zoning Ordinance.

(i) Recommend to the Board of Supervisors approval of Mills Act contracts.

(j) Recommend to the Planning Commission and Board of Supervisors amendments to the heritage resources element of the Santa Clara County General Plan.

(k) Advise Department of Planning and Development staff or the Board of Supervisors regarding review called for under the California Environmental Quality Act, National Environmental Protection Act, and National Historic Preservation Act on actions affecting historic properties in Santa Clara County.

(l) Advise Department of Planning and Development staff or the Board of Supervisors regarding recommendations to the State Office of Historic Preservation on nominations of property located within Santa Clara County to the National Register of Historic Places.

(Ord. No. NS-300.172, § 1, 3-20-73; Ord. No. NS-300.749, 10-17-06)

Sec. A6-64. Expenditures by Commission.

No expenditures or requisitions for services and supplies for Commissioners shall be made, and no claims for reimbursement shall be submitted for payment, without the approval of a majority of the members of the Commission. The Clerk of the Board of Supervisors shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Ord. No. NS-300.172, § 1, 3-20-73; Ord. No. NS-300.749, 10-17-06)

Sec. A6-65. Staff to the Commission.

The following staff shall assist the HHC in the performance of the duties of this Chapter.

(a) Clerk of the Board of Supervisors shall be ex officio secretary and shall provide secretarial assistance.

(b) County shall provide professional historic preservation staff to support the HHC.

(Ord. No. NS-300.172, § 1, 3-20-73; Ord. No. NS-300.749, 10-17-06)

Secs. A6-66--A6-69. Reserved.

CHAPTER VI.
COMMISSION ON THE STATUS OF WOMEN*

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Editor's note--Ord. No. NS-300.183, § 1, adopted Dec. 26, 1973, amended this Code by adding Ch. VI, §§ A6-70--A6-77, as herein set out.

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Sec. A6-70. Declaration of policy.

The Board of Supervisors of the County of Santa Clara declares that it is the policy of the County to take affirmative action to eliminate the practice of discrimination and prejudice on account of sex in the areas of housing, employment, education, community services, and related fields. In order to promote this policy there is hereby established, pursuant to and in accordance with Section 500 and Section 506 of the Charter of the County of Santa Clara, a Santa Clara County Commission on the Status of Women.

(Ord. No. NS-300.183, § 1, 12-26-73)

Sec. A6-71. Membership.

The Commission shall consist of 15 members allocated equally among the five supervisorial districts and nominated and appointed in accordance with the current rules of the Board of Supervisors on file with the Clerk of the Board. In addition, a member of the Human Relations Commission, designated by that Commission, shall serve as a nonvoting member of the Commission on the Status of Women.

Each Commissioner shall have a term of three years and until his or her respective successor is appointed and qualified. Members shall serve staggered terms so that no more than five members' terms shall lapse in the same year. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the commission without good cause entered into its minutes.

(Ord. No. NS-300.183, § 1, 12-26-73; Ord. No. NS-300.524, § IV, 8-10-93; Ord. No. NS-300.756, § 1, 12-12-06)

Sec. A6-72. Organization.

The Commission shall organize itself in accordance with Section 506 of the Charter. It shall prepare rules and regulations for the conduct of its meetings and, after approval of the Board of Supervisors, such rules shall govern the Commission.

(Ord. No. NS-300.183, § 1, 12-26-73; Ord. No. NS-300.515, § 4, 5-18-93)

Sec. A6-73. Expenditures by Commission.

No expenditures or requisitions for services and supplies for Commissioners shall be made, and no claims for reimbursement shall be submitted for payment, without the approval of a majority of the members of the Commission. The secretary of the Commission shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Ord. No. NS-300.183, § 1, 12-26-73)

Sec. A6-74. Powers and duties.

The powers and duties of the Commission shall be as follows:

(a) To study and investigate by means of meetings, conferences or public hearings, conditions which demonstrate discrimination or prejudice because of sex.

(b) To consult and cooperate with the Board of Supervisors, the Human Relations Commission, and federal, state, city and other public agencies and to refer, if requested, to the proper governmental agencies any matters, disputes, or controversies already in the jurisdiction of their existing powers, with the intent that duplication of efforts should be avoided.

(c) To prepare and disseminate information in the field of sex discrimination and prejudice and to advise and counsel the residents of the County, the Board of Supervisors, the County Executive, and departments and agencies of the County, cities, special districts, state, and federal governments on matters involving the needs of women and relating to discrimination and prejudice on account of sex.

(d) To investigate complaints, or to initiate its own investigations, of practices of discrimination and instances of prejudice against any person within the County because of sex, and to seek to resolve such matters through consultation, conciliation and advice.

(e) To act as conciliator and mediator upon the request of any party to a dispute or controversy within the scope and purposes of the Commission.

(f) To recommend necessary procedures, programs, or legislation to promote and insure equal rights and opportunities for all women.

(g) To render to the Board of Supervisors, at least once each calendar year, a report or reports of its activities.

(h) Subject to the approval of the County Executive, to request of any County department information, services, facilities, and any other assistance for the purposes of furthering the objectives of this chapter.

(Ord. No. NS-300.183, § 1, 12-26-73; Ord. No. NS-300.756, § 2, 12-12-06)

Sec. A6-75. Committees, advisory committees.

The chairperson of the Commission may, with its approval, appoint committees from its members for the purpose of carrying out any of the functions and duties of the Commission. Any committee appointed shall consist of not less than three members. The actions and recommendations of committees shall not be deemed the action of the Commission and shall in no way bind the Commission or its members.

(Ord. No. NS-300.183, § 1, 12-26-73)

Sec. A6-76. Volunteers, consultants.

The Commission shall engage the services of volunteer workers and consultants without salary as it may find necessary from time to time. Service of an individual as a volunteer worker or as a consultant shall not be considered as service for or employment by the County for any purpose.

(Ord. No. NS-300.183, § 1, 12-26-73)

Sec. A6-77. Executive secretary.

The executive secretary to the Commission shall be appointed by the County Executive and be under his supervision. The executive secretary shall attend all meetings of the Commission and shall provide staff assistance to the Commission. The Clerk of the Board of Supervisors shall be ex-officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.183, § 1, 12-26-73; Ord. No. NS-300.186, § 2, 5-14-74)

Secs. A6-78, A6-79. Reserved.

CHAPTER VII.
RESERVED*

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Editor's note--Ord. No. NS-300.622, § 1, adopted Feb. 9, 1998, repealed Ch. VII, §§ A6-80--A6-86, which pertained to the Commission on Youth. See the Code Comparative Table.

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Secs. A6-80--A6-89. Reserved.

CHAPTER VIII.
RESERVED*

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Editor's note--Ord. No. NS-300.549, § 1, adopted Apr. 12, 1994, repealed former Ch. VIII, §§ A6-90--A6-96, which pertained to the Child Advocacy and Delinquency Prevention Commission. Subsequently, Ord. No. NS-300.595, § 1, adopted April 1, 1997, added a new Ch. VIII, §§ A6-90--A6-93, pertaining to Charter Review Committee. Subsequently, Ord. No. NS-300.618, § 1, adopted Oct. 6, 1998, repealed Ch. VIII, §§ A6-90--A6-93. See the Code Comparative Table.

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Secs. A6-90--A6-99. Reserved.

CHAPTER IX.
AIRPORTS COMMISSION*

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Editor's note--Chapter IX, relative to the Data Confidentiality Commission, §§ A6-100--A6-105, derived from Ord. No. NS-300.219, § 1, adopted Jan. 20, 1976, and Ord. No. NS-300.219.1, § 2, adopted Mar. 30, 1976, was repealed by § 1 of Ord. No. 300.331, adopted Feb. 17, 1981. Subsequently, Ord. No. NS.300.359, adopted Aug. 17, 1982, added a new Ch. IX, §§ A6-100--A6-106, A6-109--A6-111.

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Sec. A6-100. Establishment.

There is hereby established a Santa Clara County Airports Commission.

(Ord. No. NS-300.359, § 2, 8-17-82)

Sec. A6-101. Membership.

The Commission shall consist of seven members, one member to be allocated to each supervisorial district and shall be appointed by the respective Supervisor. The order in which appointments may be made shall be established among the supervisorial districts by lot upon the establishment of the Commission, and such order shall thereafter continue as established. The remaining two members shall be appointed one each by two eligible Supervisors on a rotating basis. The rotational sequence for the making of these two latter appointments shall be determined among the supervisorial districts by a separate lot upon establishment of the Commission, and shall thereafter continue as so determined. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the Commission without good cause entered on its minutes.

(Ord. No. NS-300.359, § 3, 8-17-82)

Sec. A6-102. Classification of membership.

Three members shall be representatives of the County aviation community, and shall be active pilots, aircraft owners, fixed base operator (FBO) owners, representatives for aircraft users, or employees in the airlines industry. Four members shall be appointed from the general public, and shall not be active pilots, aircraft owners, fixed base operator (FBO) owners, representatives for aircraft users, or employees in the airlines industry. These definitions shall apply subsequent to June 3, 2005.

(Ord. No. NS-300.359, § 3, 8-17-82; Ord. No. NS-300.739, 5-3-05)

Sec. A6-103. Terms of members.

Each Commissioner shall serve a term of four years ending on July 1 of the fourth year, except that the terms of the first Commissioners shall be staggered as provided in Section 506 of the County Charter, such that on each succeeding July 1 the term of at least one of their number shall expire.

The first appointees shall draw lots at the first meeting of the Commission to determine the term of each initial Commissioner. The initial Commission shall be so composed pursuant to the drawing of lots that two members will serve a term of four years, two members will serve a term of three years, two members will serve a term of two years, and one member will serve a term of one year.

Thereafter, no member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(Ord. No. NS-300.359, § 4, 8-17-82; Ord. No. NS-300.751, 12-12-06)

Sec. A6-104. Organization of Commission.

As soon as practicable, following the first day of July of every year, the Commission shall elect a chairperson and vice-chairperson, who shall serve for one year until successors are elected. The chairperson shall serve no more than two consecutive terms in that capacity.

(Ord. No. NS-300.359, § 5, 8-17-82)

Sec. A6-105. Rules of procedure.

The Commission shall adopt written rules of procedure by which the Commission shall be governed in its proceedings. All the foregoing is subject to the approval of the Board of Supervisors. Upon approval by the Board a copy of said rules shall be filed with the Clerk of the Board of Supervisors.

(Ord. No. NS-300.359, § 6, 8-17-82; Ord. No. NS-300.515, § 6, 5-18-93)

Sec. A6-106. Reimbursement of expenses.

Any Commission member shall be entitled to reimbursement for mileage and child care expenses necessarily incurred as the result of official business of the Commission. Mileage shall be reimbursed at the official County rate. Child care reimbursement shall be as provided by Section A6-9 of this Ordinance Code. All expense reimbursements shall be paid out of the airport enterprise fund.

(Ord. No. NS-300.359, § 7, 8-17-82)

Secs. A6-107, A6-108. Reserved.

Sec. A6-109. General Code provisions applicable.

All provisions in the County Charter and in this Code pertaining to boards and commissions in general shall be applicable to the Airports Commission.

(Ord. No. NS-300.359, § 8, 8-17-82)

Sec. A6-110. Powers and duties.

(a) A project for study and reporting to be acted upon by the Commission may be initiated by:

(1) A request by the County Board of Supervisors; or

(2) A request by the Transportation Agency; or

(3) The Commission itself with approval by the Board of Supervisors or the Transportation Agency; or

(4) A combination of any of the above.

(b) The Commission shall serve as an advisory body and shall have the following functions and duties:

(1) To advise on matters of policy concerning the operations, long-term financing, capital improvements and the acquisition of land or airspace for the County airport system.

(2) To review and make recommendations on any research studies funded under grants or otherwise, prior to final considerations of the studies by the Board.

(3) To be aware of airport land use issues and provide input to the ALUC.

(4) To study, advise and make recommendations to the Board of Supervisors and other County agencies concerning cooperation with military airports and possible joint use arrangements.

(5) To assist in the implementation and ongoing review of the county airports master plan.

(6) To provide a forum to facilitate an exchange of ideas among all parties interested in County airports.

(7) To aid in the utilization of airport property in order to provide maximum benefit to the citizens of the County--recreation areas, parking, farming, etc.

(8) To review, evaluate, study and advise regarding technical developments such as safety, noise control methods, navigation aids and ground support equipment.

(9) To review the appropriateness of the airport system in meeting the needs of all portions of the aviation community such as private, business, recreational, agricultural and training.

(10) To provide ongoing evaluation of the impact of airports on the total transportation system, and to establish and maintain open communication with the Transportation Agency, Transportation Commission and the ALUC.

(11) To explore workable ways to finance improvements at airports.

(12) To study and make recommendations regarding security at airports.

(13) To review and recommend airport rules and regulations as proposed by the Transportation Agency.

(14) To study, advise and make recommendations to the Board of Supervisors concerning Santa Clara County participation in regional airport planning or operating authorities with special emphasis on articulation with the City of San Jose.

(Ord. No. NS-300.359, § 9, 8-17-82)

Sec. A6-111. Periodic report.

The Commission shall be subject to the requirements of Chapter XII of this Ordinance Code affecting periodic reports and evaluations of boards and commissions. The Airports Commission shall report with Group Three in 1985 and every third year thereafter.

(Ord. No. NS-300.359, § 10, 8-17-82)

Secs. A6-112--A6-119. Reserved.

CHAPTER X.
SANTA CLARA COUNTY INTERGOVERNMENTAL COUNCIL*

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Editor's note--Ord. No. NS-300.257, § 1, adopted May 30, 1978, specifically amended the Code revising Ch. X to read as herein set out. Former Ch. X, which pertained to the same subject matter, had been derived from Ord. No. NS-300.242, § 1, adopted April 5, 1977.

------------

Sec. A6-120. Recognition of Council.

The Santa Clara County Intergovernmental Council is hereby established pursuant to Section 507 of the Charter of the County of Santa Clara.

(Ord. No. NS-300.257, § 1, 5-30-78)

Sec. A6-121. Powers and duties.

The powers and duties of the Council shall be as follows:

(a) Develop improved cooperative relationships among local public agencies.

(b) Assist in identifying and recommending solutions to problems requiring joint jurisdictional action.

(d) Make recommendations to regional agencies whose jurisdiction includes Santa Clara County, any such recommendation to be transmitted via the Board of Supervisors of the County.

(e) Appoint subcommittees to study and make recommendations to the Council on projects related to its functions. Members of subcommittees may be composed of representatives of public agencies, private volunteer groups and public members.

(Ord. No. NS-300.257, § 1, 5-30-78; Ord. No. NS-300.264, § 1, 10-17-78; Ord. No. NS-300.362, § 1, 11-23-82; Ord. No. NS-300.412, § 1, 4-28-87; Ord. No. NS-300.496, 2-11-92)

Sec. A6-122. Membership.

The Council shall be composed of 22 members. The members, and their designated alternates, shall be elected officers appointed by the following public agencies or organizations:

(a) Two County Supervisors appointed by the Board of Supervisors of Santa Clara County.

(b) The Mayor of the City of San Jose and one City Councilperson appointed by the City Council of the City of San Jose.

(c) The Mayor or one City Councilperson from each of the 14 cities within the County of Santa Clara, other than the City of San Jose would serve.

(d) One director appointed by the board of directors of the Santa Clara Valley Water District.

(e) One director of a special district within Santa Clara County appointed by the Santa Clara County Special Districts Association.

(f) Two trustees of school districts within Santa Clara County appointed by the Santa Clara County School Boards Association. One trustee shall be a member of a community college district and one trustee shall be a member of a school district other than a community college district.

Each agency shall designate from among its elected membership an alternate representative to serve in the absence of the regular member.

(Ord. No. NS-300.257, § 1, 5-30-78; Ord. No. NS-300.293, § 1, 6-19-79; Ord. No. NS-300.458, § 1, 2-6-90)

Sec. A6-123. Term of office.

The term of membership of each Council member shall be on a calendar-year basis and shall be two years, unless the member's incumbency in elective office ends earlier. A member may be appointed to successive terms.

(Ord. No. NS-300.257, § 1, 5-30-78; Ord. No. NS-300.293, § 2, 6-19-79; Ord. No. NS-300.458, § 2, 2-6-90)

Sec. A6-124. Vacancies.

A vacancy shall exist whenever a member ceases to hold elected office on the public agency from which he was appointed. Vacancies shall be filled by the appointing authority for the balance of the term.

(Ord. No. NS-300.257, § 1, 5-30-78)

Sec. A6-125. Chairperson and vice-chairperson.

Annually at the first meeting following January 1 of each year the Council shall elect from its members a chairperson and vice-chairperson. The chairperson may not serve more than two consecutive terms.

(Ord. No. NS-300.257, § 1, 5-30-78; Ord. No. NS-300.458, § 3, 2-6-90)

Sec. A6-126. Voting.

Twelve members shall constitute a quorum of the Council. No act of the Council shall be valid unless at least 14 votes are cast in favor thereof. The votes shall be designated as follows:

(a) Each County Supervisor member shall have one vote.

(b) The Mayor of the City of San Jose shall have four votes and the other San Jose Councilperson member shall have three votes.

(d) The director member appointed by the Santa Clara Valley Water District shall have one vote.

(e) The director member appointed by the Santa Clara County Special Districts Association shall have one vote.

(f) Each trustee member appointed by the Santa Clara County School Boards Association shall have one vote.

(Ord. No. NS-300.257, § 1, 5-30-78; Ord. No. NS-300.293, § 3, 6-19-79)

Sec. A6-127. Remuneration for attendance at meetings of the Intergovernmental Council (IGC).

In lieu of reimbursement for travel and other expenses in attendance at meetings, members shall be reimbursed at the rate of $30.00 per meeting of the Council, exclusive of committee meetings.

(Ord. No. NS-300.257, § 1, 5-30-78; Ord. No. NS-300.410, § 1, 4-28-87; Ord. No. NS-300.497, 2-11-92)

Sec. A6-128. Scope of powers and duties.

This chapter vests the Council with advisory and recommendatory functions. The Board of Supervisors by ordinance may assign other duties to the Council consistent with the Charter of the County of Santa Clara. In the event that such duties impose upon the Council other than advisory and recommendatory functions, the Board of Supervisors shall consider the reconstitution of the Council and the voting structures thereof, including consideration of weighted voting.

(Ord. No. NS-300.257, § 1, 5-30-78)

Sec. A6-129. Review.

Between January 1, 1979, and December 30, 1979, the Board of Supervisors shall review or cause a review of the structure and operation of the Council.

(Ord. No. NS-300.257, § 1, 5-30-78)

Secs. A6-130--A6-139. Reserved.

CHAPTER XI.
RESERVED*

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Editor's note--Ord. No. NS-300.623, § 1, adopted Feb. 9, 1999, repealed Ch. XI, §§ A6-140--A6-146, which pertained to County Justice System Advisory Board. See the Code Comparative Table.

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Secs. A6-140--A6-149. Reserved.

CHAPTER XII.
PERIODIC EVALUATION OF BOARDS AND COMMISSIONS*

------------

Editor's note--Ord. No. NS-300.26 § 1, adopted Sept. 26, 1978, specifically amended the Code by adding Ch. XII, §§ A6-150--A6-156, as herein set out.

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Sec. A6-150. Declaration of policy.

The Board of Supervisors of the County of Santa Clara declares that it is the policy of the County to provide for periodic evaluation of boards and commissions and to abolish those which no longer serve their intended function, or to reaffirm the continued existence of each board or commission advisory to the Board, upon finding that such board or commission fulfills a genuine need and is serving the intended function. In order to promote this policy there is hereby established, pursuant to and in accordance with Section 506 of the Charter of the County of Santa Clara, a system of periodic evaluation of boards and commissions.

(Ord. No. NS-300.262, § 1, 9-26-78)

Sec. A6-151. Definition.

The term "board or commission," as used herein, refers to all advisory bodies established by the Santa Clara County Board of Supervisors pursuant to Section 506 [of the Charter].

(Ord. No. NS-300.262, § 1, 9-26-78)

Sec. A6-152. Elements of periodic report.

Each of the boards and commissions named herein shall provide to the Board of Supervisors every third year, on or before June 30, a report which will contain the following elements:

(1) Statement of original purpose and goals, and any official changes to them which have occurred during the preceding three-year period;

(2) Statement of accomplishments during the preceding three-year period;

(3) List of factors which have aided or inhibited the achievements of these accomplishments, including, but not limited to, the composition and purpose of the board or commission, staff support, and external factors;

(4) Estimated annual costs of operation for each year of the triennial, including staffing costs, source of staffing, services and supplies and other elements of operating costs. The statement of costs shall also include revenues to the board or commission and identify the source of such revenues;

(5) Analysis of the board or commission membership during the triennial as compared to County population characteristics, and an assessment as to whether the required composition of the board or commission is appropriate to its functions;

(6) Statement of objectives for the next triennial; and

(7) Suggested modifications and revisions necessary in membership, organization, purpose and scope of activity, with justification and suggested language to accomplish these modifications.

(Ord. No. NS-300.262, § 1, 9-26-78)

Sec. A6-153. Schedule for filing of reports.

During the first calendar year after adoption of this chapter, all boards or commissions named herein shall file an initial report; boards and commissions in Group One shall file reports on or before January 1, 1979; Group Two shall file on or before April 1, 1979; and Group Three shall file on or before July 1, 1979. Thereafter, each board or commission shall file reports every third year, on or before June 30, in accordance with the following schedule: Group One shall file in 1980 and every third year thereafter; Group Two in 1981 and every third year thereafter; Group Three in 1982 and every third year thereafter.

(Ord. No. NS-300.262, § 1, 9-26-78)

Sec. A6-154. Boards and commissions subject to periodic evaluation.

The following boards and commissions are subject to periodic evaluation and shall submit reports as required above:

Group One

Child and Adolescent Advisory Commission.

Commission on the Status of Women.

Commission on Youth.

County Justice System Advisory Board.

Data Confidentiality Commission.

Human Relations Commission.

Intergovernmental Council.

Juvenile Justice Commission/Delinquency Prevention Commission.

National Guard Commission.

Operational Area Coordinating Council.

Coordinating Council on Services to Victims of Sexual Assault.

Task Force on Utilization of Volunteers.

Group Two

Advisory Commission on Consumer Affairs.

Animal Advisory Committee.

Board of Examiners for the Trade of Plumbing Installation.

Board of Examiners for the Electrical Trade.

Code Enforcement Appeals Board.

Fish and Game Commission.

Historical Heritage Commission.

Library Commission.

Planning Commission.

Recreation and Parks Commission.

Group Three

Advisory Commission on Developmentally Disabled.

Affirmative Action Advisory Council.

Airports Commission.

Alcoholism Advisory Board.

Assessment Appeals Board.

Child Health and Disability Advisory Board.

Drug Abuse Coordination Commission.

Emergency Medical Care Committee.

Mental Health Advisory Board.

Personnel Board.

Social Services Advisory Commission.

Transportation Commission.

Valley Medical Center Advisory Committee.

General Plan Advisory Committee.

Industry and Housing Management Task Force.

(Ord. No. NS-300.262, § 1, 9-26-78; Ord. No. NS-300.290, § 1, 6-12-79; Ord. No. NS-300.359, § 11, 8-17-82)

Sec. A6-155. Action of the Board.

The Board of Supervisors, upon consideration of the board and commission reports, shall reaffirm, dissolve or amend the establishing ordinance or resolution in accordance with its evaluation of the report submitted. Should the Board fail to take any action within 30 days of the submission of any report, the subject board or commission shall be automatically dissolved in an additional 60 days, unless the subject board or commission is specifically mandated by state or federal law, or the Santa Clara County Charter.

(Ord. No. NS-300.262, § 1, 9-26-78)

Sec. A6-156. Establishment of additional boards or commissions.

Boards or commissions established following the adoption of this chapter shall fall under the periodic evaluation provisions of this chapter, and their establishing authority shall contain language to that effect.

(Ord. No. NS-300.262, § 1, 9-26-78)

Secs. A6-157--A6-164. Reserved.

CHAPTER XIII.
PUBLIC ACCESS COMMISSION

Sec. A6-165. Established; purpose.

There is hereby established a commission known as the Public Access Commission, the general purpose of which is to provide policy guidance for matters concerning access to community service channels on community antenna television systems (CATV) franchised in Santa Clara County as directed by the Board of Supervisors; however, such purpose is not to preempt any duty, responsibility or other activity which is a legal mandate of any jurisdiction franchising or regulating CATV systems.

(Ord. No. NS-300.317, § 1, 4-8-80)

Sec. A6-166. Membership.

The Commission shall consist of six members appointed as follows: One member appointed by the Board of Supervisors; one member appointed by the City of Cupertino; one member appointed by the City of Campbell; two members appointed by the City of San Jose; and one member appointed by the County Board of Education.

Each Commissioner shall have a term of two years or until a successor is appointed and qualified; however, two of the initial members shall be entitled to serve for one year and four of the initial members shall be entitled to serve for two years. The staggered terms of the initial members shall be determined by drawing lots. A member may be appointed to successive terms. A vacancy shall exist whenever a member fails to attend more than three consecutive regular meetings of the Commission without good cause entered in its minutes or is unable or unwilling to serve, or resigns. Vacancies shall be filled by the appointing authority for the balance of the term.

(Ord. No. NS-300.317, § 1, 4-8-80)

Sec. A6-167. Organization.

The Commission shall organize itself in accordance with Section 506 of the Charter of Santa Clara County. It shall prepare bylaws, which shall provide for election of officers, establishment of the date, time and place of regular meetings and rules for the conduct of its meetings; and, after approval of the bylaws by the Board of Supervisors, such bylaws shall govern the Commission.

(Ord. No. NS-300.317, § 1, 4-8-80)

Sec. A6-168. Powers and duties.

The powers and duties of the Commission shall be as follows:

(a) To identify problems and needs of the community concerning community service channel programming.

(b) To establish regulations in addition to those adopted by the franchisee, in furtherance of Federal Communications Commission rules and regulations governing programming on a community service channel concerning obscenity, lotteries, equal time and fairness doctrine.

(c) To hear and resolve disputes concerning the use and facilitation of the community service channel and public access programming.

(d) To establish guidelines and policies concerning access standards for the organization selected to provide public access programming over CATV systems.

(e) To select a successor organization to operate the public access programming in the event the organization selected by the Board of Supervisors is unable, unwilling or incapable of conducting public access programming.

(f) To approve the budget for expenditures from the public trust fund by the organization selected to provide public access programming.

(g) To resolve conflicting demands for and establish policy for reserving available transmission time on community service channels.

(h) To direct the Clerk of the Board of Supervisors to release moneys held in any public access trust fund established for the organization selected to facilitate public access programming.

(Ord. No. NS-300.317, § 1, 4-8-80)

Sec. A6-169. Executive secretary.

The executive secretary to the Commission, which need not be a full-time position, shall be appointed by the County Executive and shall be under his supervision. The executive secretary shall attend all meetings of the Commission and shall provide staff assistance to the commission. The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall provide secretarial assistance to the Commission under his supervision.

(Ord. No. NS-300.317, § 1, 4-8-80)

Sec. A6-170. Expenditures by Commission.

No expenditures or requisitions for services and supplies for Commissioners shall be made and no claims for reimbursement shall be submitted for payment without the approval of a majority of the members of the Commission. The Commission shall not be authorized to spend any moneys from any public access trust fund on activities of the Commission. The secretary shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Ord. No. NS-300.317, § 1, 4-8-80)

Secs. A6-171--A6-179. Reserved.

CHAPTER XIV.
COUNTY OF SANTA CLARA-PROVINCE OF FLORENCE, ITALY, SISTER-COUNTY COMMISSION*

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Editor's note--Section 2 of Ord. No. NS-300.390, adopted Jan. 15, 1985, repealed §§ A6-180--A6-186, relating to the Delinquency Prevention Commission, derived from Ord. No. NS-300.318, § 1, adopted May 13, 1980, and Ord. No. NS-300.329, § 1, adopted Jan. 13, 1981. This subject is now addressed in Ch. VIII of this division. Subsequently, § 1, of Ord. No. NS-300.433, adopted Apr. 26, 1988, added a new Ch. XIV, §§ A6-180--A6-185.

------------

Sec. A6-180. Established.

The County of Santa Clara-Province of Florence, Italy, Sister-County Commission is hereby established.

(Ord. No. NS-300.433, § 1, 4-26-88)

Sec. A6-181. Members and term.

The Commission consists of 25 members, five members appointed by each member of the Board of Supervisors. Persons appointed will have previously demonstrated their interest or participation in matters pertaining to the relationship between Italy and the United States.

Each member has a term of three years. To facilitate the change in the length of each term, the terms of the initial members will be staggered so that the term of eight members expire on July 1, 2004, the term of eight members expire on July 1, 2005, and the term of nine members expire on July 1, 2006. The initial members may draw lots at the first meeting of the Commission after Board approval of this amendment to determine the term of each initial member.

The number of terms are limited to three full consecutive terms except that a partial term does not count toward the three-term limit. Commissioners may apply for reappointment of additional terms on June 30 one year after their last term expiration.

Attendance by Commission members at all regularly scheduled Commission meetings is vital to the proper functioning of the Commission. Three absences in a 12-month period constitutes automatic resignation. A Commissioner may appeal his or her automatic resignation to the Board of Supervisors.

(Ord. No. NS-300.433, § II, 4-26-88; Ord. No. NS-300.702, § 1, 1-28-03)

Sec. A6-182. Organization; meetings.

As soon as practicable after July 1 of every year, the Commission will organize by electing one of its members to serve as chairperson and another as vice chairperson at the pleasure of the Commission. The Commission will adopt rules of procedure subject to the approval by the Board of Supervisors. After approval by the Board of Supervisors, the rules will govern the Commission.

The Commission will meet no less than six times each year. A majority consists of 13 Commissioners which constitutes a quorum for the transaction of business, and no act of the Commission is valid unless at least 13 of the members concur.

(Ord. No. NS-300.433, § III, 4-26-88; Ord. No. NS-300.702, § 2, 1-28-03)

Sec. A6-183. Secretary.

The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.433, § IV, 4-26-88)

Sec. A6-184. Purpose.

The Commission shall act in an advisory capacity to the Board of Supervisors in promoting, aiding and encouraging a diverse cultural, educational and technological exchange with the Province of Florence, Italy.

(Ord. No. NS-300.433, § V, 4-26-88)

Sec. A6-185. Committees.

With the approval of the Commission, the chairperson of the Commission may appoint committees from the Commission for the purpose of assisting the Commission in any of its functions and duties. At least three members of the Commission shall be represented on any committee.

(Ord. No. NS-300.433, § VI, 4-26-88)

Sec. A6-186. Finances.

The Commission will conduct its business in a fiscally responsible manner ensuring adequate revenue to cover any expenditure during the course of the Commission's business. Expenditures must be authorized by the Commission and supported by available revenues.

Reimbursement for expenditures must comply with the Santa Clara County travel policies and guidelines.

All funds received for the Commission must be deposited in the trust fund account administered by the Clerk of the Board, to the credit of the Commission, within five working days after receipt by the Clerk of the Board.

(Ord. No. NS-300.702, § 3, 1-28-03)

Secs. A6-187--A6-189. Reserved.

CHAPTER XV.
AIRPORT LAND USE COMMISSION*

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Editor's note--Section 1 of Ord. No. 300.362.1, adopted Mar. 6, 1984, changed the title of Ch. XV from "Airport Land Use Advisory Commission" to "Airport Land Use Commission."

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Sec. A6-190. Establishment.

The Santa Clara County Airport Land Use Commission is hereby established pursuant to Public Utilities Code § 21670 as amended September 19, 1994, which mandates in Section 2 (for all counties with an airport served by a scheduled airline) that the County Board of Supervisors establish an airport land use commission.

(Ord. No. NS-300.362, § 2, 11-23-82; Ord. No. NS-300.362.1, § 2, 3-6-84; Ord. No. NS-300.582, § I, 12-12-95)

Sec. A6-191. Powers and duties.

The Commission shall assume the powers and duties authorized by Public Utilities Code Division 9, Part 1, Chapter 4, Article 3.5 (Public Utilities Code § 21670 et seq.).

(Ord. No. NS-300.362, § 2, 11-23-82; Ord. No. NS-300.362.1, § 3, 3-6-84; Ord. No. NS-300.582, § II, 12-12-95)

Sec. A6-192. Membership.

(a) Composition of the Airport Land Use Commission. The membership of the Commission shall consist of seven members to be selected as follows:

(1) Two to be appointed by the cities selection committee, one of whom must represent a city adjacent to an airport.

(2) Two representing the County, appointed by the Board of Supervisors.

(3) Two having expertise in aviation, appointed by a committee comprised of the aviation director of the San Jose International Airport and the Director of the County Roads and Airports Department.

(4) One representing the general public to be selected by the other six members of the Commission.

(b) Qualifications of appointees to the Airport Land Use Commission.

(1) Appointees may be elected or appointed officials, public employees or members of the public who would be considered eligible for appointment to County commissions.

(2) An individual having "expertise in aviation" is one who by virtue of education, training, experience, vocation or avocation has acquired and possesses particular knowledge of and is familiar with the operation, function and role of airports or is an elected official of an agency which owns or operates an airport.

(1) All members upon appointment and taking the oath shall appoint a single proxy who shall take the oath of office and file conflict of interest reports with the Clerk of the Board. These proxy members will represent the sitting member in all affairs of the Commission and exercise the vote of the member at meetings when so directed by the appointing member.

(2) Proxies shall be designated by a written instrument kept on file with the Clerk of the Board and the administrative staff of the Commission. Proxies serve at the pleasure of the appointing member and meet the basic qualifications required for appointment to County commissions. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy.

(d) Reimbursement.

(1) Members and proxies are entitled to standard mileage reimbursement when on business authorized by the Commission through its officers.

(2) Members will be reimbursed for travel expenses when trips are approved by the Board of Supervisors.

(3) Other expenses may be covered as provided in by-laws approved by the Board of Supervisors.

(Ord. No. NS-300.362, § 2, 11-23-82; Ord. No. NS-300.362.1, § 4, 3-6-84; Ord. No. NS-300.582, § III, 12-12-95; Ord. No. NS-300.663, § 1, 8-13-02; Ord. No. NS-300.752, 12-12-06)

Sec. A6-193. Term of office.

The term of office of the members shall be four years and until the appointment and qualification of his or her successor. Members shall serve staggered terms so that no more than two members' terms shall lapse in the same year. The body which originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years.

Any member may be removed at any time and without cause by the body appointing that member. Any vacancy in the membership of the Commission shall be filled for the unexpired term by appointment by the body which originally appointed the member whose office has become vacant. The chairperson of the Commission shall be selected by the members thereof.

No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Commission, without good cause entered on its minutes.

(Ord. No. NS-300.362, § 2, 11-23-82; Ord. No. NS-300.752, 12-12-06)

Sec. A6-194. Reserved.

Editor's note--Ord. No. NS-300.582, § IV, adopted Dec. 12, 1995, repealed § A6-194, which pertained to vacancies.

Sec. A6-195. Reserved.

Editor's note--Section A6-195, requiring a periodic report of the Commission, derived from Ord. No. NS-300.362, § 2, adopted Nov. 23, 1982, was repealed by § 5 of Ord. No. NS-300.362.1, adopted Mar. 6, 1984.

CHAPTER XVI.
RESERVED*

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Editor's note--Ord. No. NS-300. 774, adopted December 12, 2006, repealed Ch. XVI, §§ A6-196--A6-204, which pertained to the Christopher Columbus Quincentennial Commission. See also the Code Comparative Table.

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Secs. A6-196--A6-204. Reserved.

CHAPTER XVII.
RECYCLING AND WASTE REDUCTION COMMISSION OF SANTA CLARA COUNTY*

------------

Editor's note--Ord. No. NS-300.658, § 1, adopted Dec. 4, 2001, amended the title of Ch. XVII to read as herein set out. Prior to inclusion of said ordinance, Ch. XVII was entitled, "Solid Waste Commission of Santa Clara County." See the Code Comparative Table.

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Sec. A6-205. Recognition of Commission.

The Recycling and Waste Reduction Commission of Santa Clara County is hereby established pursuant to Section 506 of the Charter of the County of Santa Clara.

(Ord. No. NS-300.495, § 1, 2-11-92; Ord. No. NS-300.658, § 2, 12-4-01)

Sec. A6-206. Powers and duties.

The powers and duties of the Commission shall be as follows:

(a) Serve as the principal advisory body to city councils and the Board of Supervisors in Santa Clara County on County-wide solid waste planning issues and the County Solid Waste Management Plan/County Integrated Waste Management Plan.

(b) Provide for balanced consideration and representation of the viewpoints, problems, and issues regarding solid waste management in different areas of the County; provide County-wide involvement in the solid waste management planning process; and identify and recommend solutions to solid waste management problems requiring joint jurisdictional action.

(c) Make recommendations to regional agencies whose jurisdiction includes Santa Clara County on solid waste management issues; such recommendations are to be transmitted via the Board of Supervisors of Santa Clara County.

(d) Provide a forum for decision making, coordination among local jurisdictions, and mutual assistance in development of specific projects to meet local solid waste management needs.

(e) Carry out the responsibilities in waste management planning which are mandated by state law under the Integrated Waste Management Act of 1989 and other legislation and regulations.

(f) Identify goals, policies and procedures that will aid local jurisdictions in meeting solid waste reduction and recycling goals; review and provide written comments on local source reductions and recycling elements; and assist local jurisdictions in the implementation of those elements.

(g) Sponsor County-wide public outreach and waste prevention activities, services, and programs, and participate in regional cooperative activities.

(Ord. No. NS-300.495, § 1, 2-11-92; Ord. No. NS-300.658, § 3, 12-4-01)

Sec. A6-207. Membership.

The Commission shall be composed of ten members. The members, and their designated alternates, shall be elected officials, except in the case of the Santa Clara Valley Water District, where the member may be either an elected or an appointed member of the board of directors. The members shall be appointed by the following public agencies or organizations:

(a) One County Supervisor appointed by the Board of Supervisors of Santa Clara County.

(b) One City Councilmember appointed by the City Council of the City of San Jose.

(c) One City Councilmember from one of the following cities: Cupertino, Los Altos, or Los Altos Hills to represent north County cities.

(d) One City Councilmember from one of the following cities: Milpitas or Santa Clara to represent central County cities.

(e) One City Councilmember from one of the following cities: Campbell, Los Gatos, Monte Sereno, or Saratoga to represent west valley cities.

(f) One City Councilmember from one of the following cities: Mountain View, Palo Alto, or Sunnyvale to represent SmaRT Station cities.

(g) One City Councilmember from one of the following cities: Gilroy or Morgan Hill to represent South County cities.

(h) Two City Councilmembers to serve as members-at-large. The members-at-large shall be drawn from any city which does not already have a representative on the Commission.

(i) One director appointed by the board of directors of the Santa Clara Valley Water District.

Each Commission member may designate from among the elected officials of its council, board or eligible cities an alternate representative to serve in the absence of the regular member.

(Ord. No. NS-300.495, § 1, 2-11-92; Ord. No. NS-300.580, § 1, 11-7-95)

Sec. A6-208. Term of office.

(a) Except for the term of office of the initial members of the Commission, the term of office of each Commission member shall be six years, and the number of terms shall be limited to three terms. The term of office of the members first appointed to the Commission shall be deemed to have commenced on July 1, 1992.

(b) The initial members of the Commission shall classify themselves by lot so the initial term of office of one member shall be one year, of one member is two years, of one member is three years, of two members is four years, of two members is five years, of two members is six years.

(c) Each member of the Commission shall serve at the pleasure of the appointing authority; provided, however, that membership shall automatically terminate upon termination of the member's incumbency in elected or appointed office.

(d) Attendance by Commission members at all Commission meetings is vital to the proper functioning of the Commission. Three consecutive absences are sufficient grounds to warrant the chairperson to request a replacement.

(Ord. No. NS-300.495, § 1, 2-11-92; Ord. No. NS-300.769, 12-12-06)

Sec. A6-209. Vacancies.

(a) A vacancy shall exist whenever a member ceases to hold elected or appointed office on the public agency from which that person was appointed, whenever the term of membership expires, or whenever a member resigns from his/her position on the Commission.

(b) When a vacancy occurs for a representative of the County, the City of San Jose, or the water district, the chairperson shall, by letter, request that the eligible agency appoint a new member from that organization.

(c) When a vacancy occurs for one of the other representatives, the chairperson shall, by letter, request that the Santa Clara County Cities Association make an appointment to the vacant position from among the city councils of the eligible cities.

(Ord. No. NS-300.495, § 1, 2-11-92)

Sec. A6-210. Officers.

The officers of this organization shall be chairperson and vice-chairperson, who shall be elected by the Commission at the first meeting following July 1 of each year and shall serve at the pleasure of the Commission.

(Ord. No. NS-300.495, § 1, 2-11-92)

Sec. A6-211. Voting.

Six members shall constitute a quorum of the Commission. Each member shall have one vote. No action of the Commission shall be valid unless a majority of the members in attendance cast a vote in favor thereof.

(Ord. No. NS-300.495, § 1, 2-11-92; Ord. No. NS-300.580, § 2, 11-7-95)

Sec. A6-212. Remuneration for attendance at meetings.

In lieu of reimbursement for travel and other expenses in attendance at meetings, Commission members shall be reimbursed at the rate of $50.00 per meeting of the Commission. No member shall receive more than $100.00 per month.

(Ord. No. NS-300.495, § 1, 2-11-92)

Sec. A6-213. Scope and power of duties.

This chapter vests the Commission with advisory and recommendatory functions. The Board of Supervisors by ordinance may assign other duties to the Commission consistent with the Charter of the County of Santa Clara. In the event that such duties impose upon the Commission other than advisory and recommendatory functions, the Board of Supervisors shall consider the reconstitution of the Commission.

(Ord. No. NS-300.495, § 1, 2-11-92)

Sec. A6-214. Periodic evaluation.

The Commission shall be subject to the periodic evaluation of the Board of Supervisors as specified in Division A6, Chapter XII of this Ordinance Code.

(Ord. No. NS-300.495, § 1, 2-11-92)

CHAPTER XVIII.
COUNTY OF SANTA CLARA/MOSCOW SISTER COUNTY COMMISSION*

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Editor's note--Ord. No. NS-300.747, § 1, adopted June 20, 2006, amended the title of Ch. XVIII to read as herein set out. Prior to inclusion of Ord. No. NS-300.747, Ch. XVIII was entitled, "Santa Clara County/Region of Moscow, Russia, Sister-County Commission." See also the Code Comparative Table.

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Sec. A6-215. Establishment.

The County of Santa Clara/Moscow Sister County Commission is hereby established.

(Ord. No. NS-300.557, § 1, 10-25-94; Ord. No. NS-300.747, § 2, 6-20-06)

Sec. A6-216. Members and term.

The Commission shall consist of 15 members, three members appointed by each member of the Board of Supervisors. Persons appointed will have previously demonstrated their interest or participation in matters pertaining to the relationship between Russia and the United States.

Each member shall have a term of three years. To facilitate the change in the number of members, any vacant seat on June 30, 2006 and any seat of a member whose term expires on June 30, 2006 will be eliminated until the total number of Commission seats is 15. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

Attendance by commission members at all regularly scheduled commission meetings is vital to the proper functioning of the commission. Three absences in a 12-month period constitute automatic resignation and the seat shall become vacant. A commissioner may appeal his or her automatic resignation to the Board of Supervisors within 30 days of his or her third absence.

(Ord. No. NS-300.557, § 1, 10-25-94; Ord. No. NS-300.704, § 1, 1-28-03; Ord. No. NS-300.747, § 3, 6-20-06; Ord. No. NS-300.764, 12-12-06)

Sec. A6-217. Organization; meetings.

As soon as practicable after July 1 of every year, the Commission will organize by electing one of its members to serve as a chairperson and another as vice chairperson at the pleasure of the Commission. The Commission will adopt rules of procedure subject to approval by the Board of Supervisors. After approval of the Board of Supervisors, the rules will govern the Commission.

The Commission will meet no less than six times each year. A majority consists of eight Commissioners which constitute a quorum for the transaction of business, and no act of the Commission is valid unless at least eight of the members concur.

(Ord. No. NS-300.557, § 1, 10-25-94; Ord. No. NS-300.704, § 2, 1-28-03; Ord. No. NS-300.747, § 4, 6-20-06)

Sec. A6-218. Secretary.

The Clerk of the Board of Supervisors shall be ex-officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.557, § 1, 10-25-94)

Sec. A6-219. Purpose.

The Commission shall act in an advisory capacity to the Board of Supervisors in promoting, aiding and encouraging diverse commerce, cultural, educational and technological exchange with the Region of Moscow, Russia and Moscow City Government.

(Ord. No. NS-300.557, § 1, 10-25-94; Ord. No. NS-300.725, 2-24-04)

Sec. A6-220. Committees.

(Ord. No. NS-300.557, § 1, 10-25-94)

Sec. A6-220.1. Finances.

(Ord. No. NS-300.704, § 3, 1-28-03)

Editor's note--Ord. No. NS-300.704, § 3, adopted Jan. 28, 2003, amended the Code by adding provisions designated as § A6-221. Inasmuch as there already exists provisions so designated, § 3 of Ord. No. NS-300.704 has been codified herein as § A6-200.1 at the discretion of the editor.

CHAPTER XIX.
SANTA CLARA COUNTY/HSINCHU COUNTY, TAIWAN, REPUBLIC OF CHINA, SISTER-COUNTY COMMISSION

Sec. A6-221. Establishment.

The Santa Clara County/Hsinchu County, Taiwan, Republic of China, Sister-County Commission is hereby established.

(Ord. No. NS-300.558, § 1, 12-20-94)

Sec. A6-222. Members and term.

The Commission consists of 15 members, three members appointed by each member of the Board of Supervisors. Persons appointed will have previously demonstrated their interest or participation in matters pertaining to the relationship between the Republic of China and the United States.

Each member has a term of three years. To facilitate the change in the length of each term, the terms of the initial members will be staggered so that the term of five members expires on July 1, 2004, the term of five members expires on July 1, 2005, and the term of five members expires on July 1, 2006. The initial members will draw lots at the first meeting of the Commission after Board approval of this amendment to determine the term of each initial member.

The number of terms is limited to three full consecutive terms except that a partial term does not count toward the three-term limit. Commissioners may apply for reappointment of additional terms on June 30 one year after their last term expiration.

Attendance by Commission members at all regularly scheduled Commission meetings is vital to the proper functioning of the Commission. Three absences in a 12-month period constitute automatic resignation. A Commissioner may appeal his or her automatic resignation to the Board of Supervisors.

(Ord. No. NS-300.558, § 1, 12-20-94; Ord. No. NS-300.703, § 1, 1-28-03)

Sec. A6-223. Organization; meetings.

As soon as practicable after July 1 of every year, the Commission will organize by electing one of its members to serve as chairperson and another as vice chairperson at the pleasure of the Commission. The Commission will adopt rules of procedure subject to approval by the Board of Supervisors. After approval by the Board of Supervisors, the rules will govern the Commission.

The Commission will meet no less than six times each year. A majority consists of eight Commissioners which constitutes a quorum for the transaction of business, and no act of the Commission is valid unless at least eight of the members concur.

(Ord. No. NS-300.558, § 1, 12-20-94; Ord. No. NS-300.703, § 2, 1-28-03)

Sec. A6-224. Secretary.

The Clerk of the Board of Supervisors shall be ex-officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.558, § 1, 12-20-94)

Sec. A6-225. Purpose.

(Ord. No. NS-300.558, § 1, 12-20-94)

Sec. A6-226. Committees.

The Commission may form committees consisting of Commission members as needed. At least three members of the Commission shall be represented on any committee. The chairperson of the Commission may recommend committee appointments to the Commission members.

(Ord. No. NS-300.558, § 1, 12-20-94)

Sec. A6-227. Finances.

(Ord. No. NS-300.703, § 3, 1-28-03)

Secs. A6-228, A6-229. Reserved.

CHAPTER XX.
SANTA CLARA COUNTY ROADS COMMISSION*

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Editor's note--Ord. No. NS-300.567, §§ I--VII, adopted Apr. 18, 1995, amended the Code by adding provisions designated as Ch. XVIII. Inasmuch as there already existed a Ch. XVIII, said ordinance has been redesignated as Ch. XX, §§ A6-230--A6-236, at the discretion of the editor.

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Sec. A6-230. Recognition of Commission.

The Santa Clara County Roads Commission is hereby established.

(Ord. No. NS-300.567, § I, 4-18-95)

Sec. A6-231. Membership.

The Commission shall consist of seven members, one member to be allocated to each supervisorial district and appointed by the respective Supervisor. The order in which the appointments shall be made shall be established among the supervisorial districts, by lot, upon the establishment of the Commission. The remaining two members shall be appointed one each by two Supervisors on a rotational basis. The rotational sequence for these two appointments shall be established among the supervisorial districts, by lot, upon establishment of the Commission. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Commission without good cause entered on its minutes.

(Ord. No. NS-300.567, § II, 4-18-95)

Sec. A6-232. Term of office.

(a) A commissioner shall serve a term of four years, with the term expiring on July 1st of the fourth year, except that the terms of the first commissioners shall be staggered in accordance with Section 506 of the Charter. The first commissioners shall draw lots at their first meeting to determine their terms. After the lots have been drawn, two commissioners shall have terms of four years, two commissioners shall have terms of three years, two commissioners shall have terms of two years, and one commissioner shall have a term of one year.

(b) No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(Ord. No. NS-300.567, § III, 4-18-95; Ord. No. NS-300.722, 10-7-03; Ord. No. NS-300.770, 12-12-06)

Sec. A6-233. Officers.

As soon as possible after July 1 of each year, the Commission shall elect a chairperson and vice-chairperson, each of whom shall hold office for a year. There shall be no limit to the number of terms served by the chairperson or vice-chairperson.

(Ord. No. NS-300.567, § IV, 4-18-95; Ord. No. NS-300.612, § 1, 3-17-98)

Sec. A6-234. Rules of procedure.

The Commission shall adopt written rules of procedure to govern its proceedings, which rules shall be submitted to the Board of Supervisors for approval. Upon such approval, the rules shall be filed with the Clerk of the Board of Supervisors. Once each year the Commission shall evaluate its necessity to continue or not continue and report on this evaluation to the County Board of Supervisors.

(Ord. No. NS-300.567, § V, 4-18-95)

Sec. A6-235. Reimbursement of expenses.

Any Commission member shall be entitled to reimbursement for mileage and child care expenses necessarily incurred as the result of official business of the Commission. Milage shall be reimbursed at the official County rate. Child care reimbursement shall be as provided by Section A6-9 of this Ordinance Code. All expenses reimbursement shall be paid out of the Roads and Airports Department budget.

(Ord. No. NS-300.567, § VI, 4-18-95)

Sec. A6-236. Purpose.

The purpose of the Commission is to give advice and make recommendations to the Board of Supervisors on matters generally relating to the planning, design, construction, maintenance and operation of the County's expressways, highways and roads and such other matters as directed by the Board.

(Ord. No. NS-300.567, § VII, 4-18-95)