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HomeMy WebLinkAboutTC Res 2008-04-16 RESOLUTION NO. 22-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE TIBURON PARKS, OPEN SPACE & TRAILS COMMISSION AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WHEREAS, in 1970 , by adoption of Ordinance No. 63 N.S., the Tiburon City Council created a Parks & Recreation Commission, subsequently renamed the Parks & Open Space Commission, among whose duties were to develop a master plan for open space, hiking trails, paths, parks and playground and recreational areas for the recently-incorporated and rapidly growing municipality; and WHEREAS, in 1990, by adoption of Ordinance No. 360 N.S., the Town Council re- structured the Parks & Open Space Commission and assigned revised duties for this body, reflecting the slowing pace of development and the transition away from large-scale acquisition of public parks and open spaces; and WHEREAS, in 1999, the Town constituted an ad-hoc Bicycle Pedestrian Advisory Committee (BP AC) to develop the bicycle and pedestrian portions of the Tiburon element of the Marin County Master Congestion Management Plan; and WHEREAS, in July 2004, the Town Council adopted Resolution No. 41-2004 re- constituting the membership and reaffirming and expanding the role of the BP AC; and WHEREAS, the Town Council recognizes the continuing evolution of the community and the need to periodically review, reassess and reformulate the role of appointed advisory boards, committees, and commissions; and WHEREAS, the Town Council has determined that opportunities exist to reformulate certain appointed advisory bodies in order to reduce duplication of effort and improve efficiency of limited Town resources and staffing; and WHEREAS, the Town Council has determined that considerable overlap of advisory review authority exists between the Parks & Open Space Commission and the Bicycle- Pedestrian Advisory Committee and that a restructuring and consolidation of these appointed bodies into a new Parks, Open Space & Trails (POST) Commission is appropriate at this time; and WHEREAS, the Town Council has initiated by ordinance the dissolution of the Parks & Open Space Commission, and herein resolves to disband the Bicycle-Pedestrian Advisory Committee in its current form as well. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 41-2004, adopted by the Town Council on July 21,2004 and setting forth the expanded role of the Bicycle- Pedestrian Advisory Committee, is hereby rescinded. Tiburon Town Council Resolution No. 22-2008 04/16/2008 1 BE IT FURTHER RESOLVED that the Town Council hereby dissolves the ad-hoc Lanes and Paths Committee, appointed December 6, 2000, effective immediately. BE IT FURTHER RESOLVED that the Town Council, pursuant to Chapter 2, Article VI of the Tiburon Municipal Code, does hereby establish the Tiburon Parks, Open Space & Trails (POST) 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 the POST Commission, as follows: 1. Duties and Functions. The duties of the POST 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 POST Commission are established as follows: (a) Serve as the official Bicycle-Pedestrian Advisory Committee of the Town of Tiburon, pursuant to State Transportation Control Measure No.9 and Metropolitan Transportation Commission Resolution No. 2178, or successors thereto. In that capacity the POST Commission shall advise and make recommendations to the Town Council, Town Staff and other Town boards and commissions on bicycle and pedestrian matters affecting the greater Tiburon Peninsula (including the City of Belvedere, Strawberry, and any unincorporated portion of the greater Tiburon Peninsula). The scope of "bicycle and pedestrian matters" is intentionally broad as used herein. (b) Periodically review the Tiburon Bicycle & Pedestrian Master Plan, and make recommendations to the Planning Commission and Town Council regarding updates to said Master Plan. (c) Periodically review the parks and recreation element of the Tiburon General Plan and make specific recommendations to the Planning Commission and Town Council regarding contents of that element. (d) Submit periodic recommendations to the Planning Commission and Town Council on matters of policy pertaining to park and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement, and operation. ( e) Pursuant to Chapter 18 of this Code, review and make recommendations to the Town Council on any rules or regulations set forth by the Town Manager for parks, open space, or recreational lands under the control of the Town of Tiburon. (t) Assist with the organization and implementation of Town-sponsored or Town-supported events such as Coastal Cleanup, public facility dedications and fund-raisers, and similar activities. (g) Upon formal request from the Town Council, Town Staff, Planning Commission or Design Review Board, study and provide recommendations on any zoning permit or other matter involving public recreational facilities and bicycle and pedestrian matters within the Town of Tiburon. Tiburon Town Council Resolution No. 22-2008 04/16/2008 2 2. Membership & Qualifications. The POST Commission shall initially be comprised of five (5) members whose qualifications shall be as follows: (a) Four (4) members who must live in the Town of Tiburon. (b) One (1) member who may live or work in Tiburon or on the greater Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated portion of the Tiburon Peninsula) and has knowledge and/or experience with bicycle and/or pedestrian issues. (c) Any non- Tiburon resident member shall recuse himself or herself from an item in those instances where there is a perceived conflict of interest with Belvedere, the Strawberry area, the Paradise Drive unincorporated area or wherever (outside of Tiburon) the member resides or owns property. 3. 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 affirmative vote of a majority of the Town Council. 4. Terms. The term of office of the POST Commission members shall be four (4) years, except that to promote continuity of experience and expertise, the initial appointments shall be staggered terms as follows: a. Two (2) members shall be appointed to terms that expire on the last day of February, 2010; b. One (1) member shall be appointed to a term that expires on the last day of February, 2011; c. Two (2) members shall be appointed to terms that expire on the last day of February, 2012. All subsequent appointments shall be for terms of four (4) years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balance of the unexpired term only. 5. Procedures. The POST Commission shall annually elect its own officers, which shall be a Chairman and a Vice-Chairman, and shall adopt such rules and regulations as it may deem necessary for the conduct of its duties. Election of officers shall be at the first meeting held after June 30 of each year. The POST Commission shall have the authority to appoint subcommittees of less than a quorum of its members, either standing or ad hoc, as it deems necessary or appropriate to fulfill its duties. 6. Staffing. The Town Manager or a Town Manager-designated representative or representatives shall serve as staff to the POST Commission and as liaison between the POST Commission and Town Council, Town Staff, and other Town boards and commissions, and shall also serve as an ex-officio recording secretary for the POST Commission. Tiburon Town Council Resolution No. 22-2008 04/16/2008 3 7. Meetings. The POST Commission shall adopt a regular schedule of meetings and should meet at least quarterly, but may meet more or less often as needed. Meetings are subject to State of Cali fomi a open meeting laws (i.e., the Brown Act) and shall be open to the public and notices of meetings shall be posted and distributed in accordance with state law. BE IT FURTHER RESOLVED that the Town Council hereby directs that henceforth, for prospective use purposes, all references in Town documents to the "Parks and Open Space Commission" shall mean the "Parks, Open Space & Trails Commission". BE IT FURTHER RESOLVED that this Resolution shall go into effect on May 16, 2008, coincident with the effective date of the ordinance dissolving the Parks & Open Space Commission. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 16, 2008, by the following vote: AYES: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: I {/ /z.~ it.- .L l .. / 7 . I -'-{ . Z" c; ! (- DIANE CRANEIACOPI, TOWN CLERK S:lAdministrationlTown Council Resolutions Tiburon Town Council Resolution No. 22-2008 04/16/2008 4