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HomeMy WebLinkAboutTC Res 2014-07-02 (4)RESOLUTION NO. 31 -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REAFFIRMING THE ESTABLISHMENT OF THE HERITAGE AND ARTS COMMISSION AND MODIFYING ITS DUTIES AND MEMBERSHIP TO CONFORM TO PROVISIONS OF CHAPTER 2, ARTICLE VI, SECTION 2 -25 OF THE TIBURON MUNICIPAL CODE WHEREAS, the Tiburon Peninsula Heritage and Arts (H &A) Commission was established on November 5, 1986 by adoption of Town Council Resolution No. 2417, the provisions of which were subsequently modified by Town Council Resolutions 2746, 3071, and 3329; and WHEREAS, in 1999, the Town Council adopted Ordinance No. 444 N. S., codified in part as Chapter 2, Article VI of the Tiburon Municipal Code, said ordinance modifying provisions regarding the establishment and duties of boards and commissions authorized by resolution of the Town Council; and WHEREAS, the H &A Commission constitutes one such commission established by resolution of the Town Council; and WHEREAS, on June 18, 2014, the Town Council directed Town staff to prepare the documents necessary to expand the membership of the H &A Commission; and WHEREAS, the prudent course of action would be to update the H &A Commission's governing resolutions to conform with provisions of Chapter 2, Article IV of the Tiburon Municipal Code; and WHEREAS, Town staff has prepared a draft resolution proposing the recommended membership expansion and incorporating other conforming amendments for consideration by the Town Council; and WHEREAS, the Town Council has duly considered the draft resolution, and has heard and considered any testimony received on the matter at a public meeting held on July 2, 2014. NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby adopts modified governing provisions, as set forth herein, for the Tiburon Peninsula Heritage and Arts Commission, and supersedes all provisions of Resolutions 2417, 2746, 3071, and 3329, with the exception of the basic establishment clauses set forth therein. BE IT FURTHER RESOLVED that the Town Council, pursuant to Chapter 2, Article VI, Section 2 -25 of the Tiburon Municipal Code, does hereby re- affirm the Tiburon Peninsula Heritage and Arts Commission as an official standing body of the Town of Tiburon and sets forth its duties and qualifications, procedures for appointment and removal, terms of office and other such information as necessary for the proper appointment and functioning of said Commission, as follows: Tiburon Town Council Resolution No. 31 -2014 0710212014 1. Mission. The mission of the H &A Commission is to "Preserve and advance the Town's unique historic and cultural character and to advance the arts in and for the benefit of the community ". 2. Purposes. The purposes of the H &A Commission are: (a) To assist and encourage citizen participation in the cultural and artistic life of the community; and (b) To encourage and support local exposure of the talents of Peninsula residents. (c) To provide initial financial assistance for the pursuit of cultural and related artistic endeavors on the Tiburon Peninsula. (d) To advise, via review and recommendations, Town review authorities and officials on various aspects of the arts and historic and cultural resources on the Tiburon Peninsula. 3. Duties and Functions. The duties of the H &A Commission are advisory and may supplement, but not supersede, the duties of a board or commission established by ordinance. The duties and functions of the H &A Commission are established as follows: (a) To recommend the appropriate selection, placement, modification and/or maintenance of art and historic objects in the Town of Tiburon for protection, enhancement, or perpetuation. - (b) To make recommendations upon referral pursuant to Title IV, Chapter 13B (Historical Landmarks), of the Tiburon Municipal Code. (c) To approve work and/or exterior alterations to local Historic Landmarks, designated as such pursuant to Chapter 13B of the Municipal Code, when the designating resolution requires H &A Commission review and approval prior to performance of any such work and/or exterior alterations. (d) To make recommendations to the Town Manager pursuant to the adopted Naming of Town -owned Parks. Lands, Streets, and Other Facilities Policy, as may be amended from time to time by the Town Council. (e) To organize, promote and implement events, programs and/or projects that foster and fulfill the mission and purposes of the H &A Commission as set forth herein and which are primarily self - supporting in nature. (f) To review and make recommendations on the request of any group interested in artistic displays at Town of Tiburon facilities. (g) Upon request from the Town Council, Planning Commission, Design Review Board, or Town staff, review and provide recommendations on any zoning permit or other relevant matter involving cultural or historic resources within the Town of Tiburon. (h) To prepare an annual report to the Town Council, on or about June 30 of each year, describing and evaluating the Commission's efforts during the past fiscal year and outlining planned efforts for the next fiscal year. Tiburon Town Council Resolution No. 31 -2014 0710212014 2 4. Membership & Qualifications. The H &A Commission shall be comprised of nine (9) members whose qualifications shall be as follows: (a) Five (5) members who must be residents of the Town of Tiburon. (b) Four (4) members who may be residents of any part of the greater Tiburon Peninsula (comprised of the Town of Tiburon, City of Belvedere, and any unincorporated area including Paradise Drive and the Strawberry/Eagle Rock/Bay Vista area). 5. Appointment and Removal of Members. Members shall be appointed by the affirmative vote of a majority of the Town Council, and may be removed by the affirmative vote of a majority of the Town Council. 6. Terms. The term of office of H &A Commission members shall be four (4) years, and shall be staggered in a manner determined by the Town Council. Appointments to fill a vacancy where there is an unexpired term shall be for the balance of the unexpired term only. Procedures. The H &A Commission shall annually elect its own officers, which shall include a Chair, a Vice - Chair, and a Secretary, and shall adopt such rules and regulations as it may deem necessary for the conduct of its duties, including by -laws. Election of officers shall be at the first meeting held after June 30 of each year. The Chair shall preside over meetings and establish the agenda for each meeting with the staff liaison. The Vice -Chair shall assume the responsibilities of the Chair in the absence of the Chair. The Secretary shall be responsible for keeping summary minutes of Commission meetings. The H &A Commission shall have the authority to appoint ad -hoc subcommittees of less than a quorum of its members as it deems necessary or appropriate to fulfill its duties. 8. Liaison. The Town Manager may appoint a representative or representatives to act as liaison between the H &A Commission and the Town Manager, Town staff, and other Town boards and commissions. Said representative(s) may serve as an ex- officio recording secretary for the H &A Commission on an as- needed basis as determined by the Town Manager. 9. Meetings. The H &A Commission shall adopt a regular schedule of meetings and should meet at least quarterly, but may meet more or less often as needed. Meetings of the H &A Commission are subject to State of California open meeting laws (i.e., the Brown Act) and shall be open to the public. Notices of meetings shall be posted and distributed in accordance with state law. Tiburon Town Council Resolution No. 31 -2014 0710212014 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 2, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST- DIANE CRANE IA OPI, TOWN CLERK Doyle, Fraser, Fredericks, O'Donnell None Tollini ALICE FREDERICKS, MAYOR TOWN OF TIBURON Tiburon Town Council Resolution No. 31 -2014 0710212014 4