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HomeMy WebLinkAboutORD NO 4246ORDINANCE NO. 4 45 ORDINANCE AMENDING SECTIONS 15.72.040 AND 15.72.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION COMMISSION MEMBERSHIP AND DUTIES BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION1. Section 15.72.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.72.040 Historic preservation commission--Established--Membership. A. There is established in the city a historic preservation commission consisting of five unpaid members. The five members consist of three existing positions which expire in 2006, one existing position which expires in 2007, and one vacant position which shall have a member appointed by council as soon as possible with a term that expires in 2008. Appointments shall be made by the city council. B. All members shall be residents of the city. C. Notwithstanding paragraph A above, all terms shall commence on April 1 and shall expire on March 30 and shall be for three years. D. The commission shall elect from among its members a chairperson and vice-chairperson to serve as such for a one year term. The chairperson shall preside at all meetings of the commission, and shall appoint each committee and perform the duties necessary or incidental to the office. The vice-chairperson of the commission, in the absence of the chairperson or in the case of inability of the chairperson to act, shall perform the duties of the chairperson. E. The city manager or his designee, shall serve as administrative staff to the commission. The economic development director shall assign a representative to serve as secretary to the commission. The secretary shall keep minutes of each meeting, record the official actions taken, record the vote on all official actions, certify each official act and resolution of the commission, maintain records of operations, and perform such other duties as the commission assigns. F. The commission shall review and adopt its own operating rules and bylaws, thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided. S:\COUNCIL\Ords~04-05 Ords\HPC. 15.72.040,050FnLdoc March 31, 2005 -- Page 1 of 4 Pages -- G. In the event of a vacancy occurring during the term of a member of the commission, the council shall appoint a new member to fill the unexpired term. Section 2. Section 15.72.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.72.50 Historic preservation commission--Powers and duties. The commission shall have the following powers and duties: A. Establish criteria and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the city, and publicize and periodically update survey results. B. Adopt specific guidelines for the designation of cultural resources, including-landmarks, landmark sites, and historic districts. districts. Maintain a local register of designated cultural resources and historic D. Review and correspond with the city council and city departments as to matters as they relate to the cultural resources of the community. E. Assist in recommending prescriptive standards to be used by the council in reviewing applications for permits to alter, remove, preserve, protect, reconstruct, rehabilitate, restore or stabilize any designated cultural resource or historic district. F. Recommend to the city council the purchase of fee or less-than-fee interests in property for purposes of cultural resource preservation and designation. G. Investigate and report to the city council on the use of various federal, state, local, or private funding sources and mechanisms available to promote cultural resource preservation in the city. H. Preserve, restore, maintain, and operate designated cultural resources and historic properties owned or controlled by the city. I. Recommend for approval or disapproval, in whole or in part, applications for cultural resource or historic district designation pursuant to procedures set forth in this chapter. J. Review and comment on applications for land use decisions as such applications may be referred to the commission by the planning commission, the board of zoning adjustment or the city council. Comments and recommendations shall be forwarded to the referring body. S:\COUNClL\Ords~04-05 Ords\HPC. 15.72.040,050Fnl.doc March 31, 2005 Page 2 of 4 Pages -- K. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation. L. Provide information, upon the request of the property owner, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or property within a historic district. M. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources and historic districts. N. Perform any other functions that may be designated by the city council. O. Meet at irregular intervals as determined by the city manager or his or her designee. All meetings shall be noticed and open to the public. P. Quorum. Three members of the commission shall constitute a quorum for the transaction of business. Q. Identify as early as possible conflicts between the preservation of cultural resources and alternative land uses and make recommendations to the appropriate legislative body. R. Establish a procedure for the review of and comment on historic preservation certification applications for federal tax incentives for both cultural resources and historic districts. SECTION 3. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. S:\COUNCIL~Ords\04-05 Ords\HPC. 15.72.040,050Fnl.doc March 31,2005 -- Page 3 of 4 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~1.~ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCiLMEMBERCARSON, BENNAM, MAGGARD, COUCH HANSON, SULLtVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFICIO~ the Council of the City of Bakersfield APPROVED: CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ALISON M. SHAW Deputy City Attorney AMS:Isc S:\COUNCIL\Ords~04-05 Ords\HPC. 15.72.040,050FnLdoc March 31, 2005 -- Page 4 of 4 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 14th day of April , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4246 , passed by the Bakersfield City Council at a meeting held on the 13th day of April, 2005 and entitled: AN ORDINANCE AMENDING SECTIONS 15.72.040 AND 15.72.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION COMMISSION MEMBERSHIP AND DUTIES PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City'Clerk S:~DOCUMENT~FORMS~AOP.ORD.wpd