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HomeMy WebLinkAbout2019-08 EpdvTjho!Fowfmpqf!JE;!645FC1F3.GC12.5588.B263.55BD:964GG63 ORDINANCE NO. 2019-08 REPEALING EXISTING CHAPTER 2-13 OF THE DANVILLE MUNICIPAL CODE, ADDING A NEW CHAPTER 2-13 TO CREATE THE ARTS ADVISORY BOARD AND AMENDING PROVISIONS OF CHAPTER 2-10 OF THE DANVILLE MUNICIPAL CODE TO RENAME THE PARK AND LEISURE SERVICES COMMISSION AS THE PARKS, RECREATION AND ARTS COMMISSION The Danville Town Council does ordain as follows: SECTION 1. REPEALING EXISTING CHAPTER 2-13 OF THE DANVILLE MUNICIPAL CODE. Chapter 2-13 of the Danville Municipal Code is hereby repealed. SECTION 2. ADDING A NEW CHAPTER 2-13 TO THE DANVILLE MUNICIPAL CODE. A new Chapter 2-13 is hereby added to the Danville Municipal Code to read as follows: SECTION 2-13 ARTS ADVISORY BOARD 2-13.1 Creation of Arts Advisory Board. An Arts Advisory Board for the Town of Danville is hereby established. The Board shall be composed of six (6) regular members, one of which is a Youth Board Member. and Arts Commission and shall be recommended by the Commission, with appointment by the Town Council. All members of the Board shall be appointed by the Town Council. 2-13.2 Qualifications. Members of the Board appointed by the Town Council shall have experience, training or interest in the arts, including visual and performing arts. 2-13.3 Powers and Duties. The Board shall review and make recommendations to the Parks, Recreation and Arts Commission and the Town Council regarding: the incorporation of public art and artistic at matters referred to the Board by the Commission and Town Council. EpdvTjho!Fowfmpqf!JE;!645FC1F3.GC12.5588.B263.55BD:964GG63 2-13.4 Term of Office. For the initial appointments to the Board, two of the at-large members appointed by the Town Council shall be appointed to four-year terms and one at-large member to a two- year term. Of the two initial members of the Parks, Recreation and Arts Commission, one shall be appointed to a two-year term and one to a four-year term. All subsequent appointments shall be for four-year terms. The term of the Youth Board Member shall always be two years. 2-13.5 Time and Place of Regular Meetings. The Board shall hold at least one regular meeting every two months. The Board shall fix the time and place of its regular meetings by Resolution and may call special meetings as necessary. All meetings of the Board are open to the public and notice of its meetings shall be provided as required by law. 2-13.6 Absence from Meetings. If a member of the Board is absent without cause from three (3) consecutive regular meetings of the BoardBoard shall immediately notify the Town Council of the vacancy. A member is not absent without gives the Secretary of the Board notice before the day of the regular meeting at which the member will be absent, and giving the reason for the absence. 2-13.7 Removal or Vacancy. A member of the Board may be removed by a majority vote of the Town Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. 2-13.8 No Compensation. Members of the Board shall not receive compensation for their attendance at Board meetings, but are entitled to reimbursement for reasonable expenses actually incurred in the course of their duties, provided that such reimbursement shall first be approved by the Town Council. 2-13.9 Adoption of Rules. The Board may adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. PAGE 2 OF ORDINANCE NO. 2019-08 EpdvTjho!Fowfmpqf!JE;!645FC1F3.GC12.5588.B263.55BD:964GG63 2-13.10 Residency Requirement. All members of the Board shall be residents of the Town of Danville. 2-13.11 Officers and their Duties. The Board shall elect a Chair and Vice-Chair from among its members. The Chair and the Vice-Chair serve for a term of one (1) year and until the successor of each is appointed and qualified. The Chair shall preside at all meetings of the Board, shall appoint committees of the Board as needed, and shall perform such additional duties as are necessary and incidental to the office. The Vice-Chair shall perform the duties of the Chair on such occasions as the Chair shall be unavailable or unable to perform such duties. 2-13.12 Brown Act and Conflicts of Interest The Board shall be subject to and conduct its business in compliance with the Ralph M. Brown Act, California Government Code, Section 54950 et seq. The members of the Board shall be subject to the provisions of the T. SECTION 3. AMENDING PROVISIONS OF CHAPTER 2-10 OF THE DANVILLE MUNICIPAL CODE. The title of Chapter 2-10 of the Danville Municipal Code is hereby amended to read as follows: PARKS, RECREATION AND ARTS COMMISSION In addition, the following sections of Chapter 2-10 are hereby amended to reflect the new name of the Commission: 2-10.1 Creation of Parks, Recreation and Arts Commission A Parks, Recreation and Arts Commission of the Town of Danville is hereby established. The Commission shall consist of eight (8) regular members, one (1) of which shall be a Youth Commissioner as defined in Section 2-10.12 of this chapter, and one (1) alternate member, all of whom shall be appointed by the Town Council. 2-10.6 No Compensation for Members; Reimbursement of Expenses. Members of the Commission shall not receive compensation for attendance at Commission meetings, but are entitled to reimbursement for expenses incurred in the course of their duties upon approval by the Town Council. PAGE 3 OF ORDINANCE NO. 2019-08 EpdvTjho!Fowfmpqf!JE;!645FC1F3.GC12.5588.B263.55BD:964GG63 2-10.11 Duties and Powers of the Commission. The Commission shall: a. Be the primary advisory body to the Town Council on acquiring and developing park, recreation, cultural, and arts facilities and providing recreation and arts programs for Town residents; b. Rerecommend steps to implement or revise the Plan as needed; c. Hold public meetings, conduct surveys, and use other reasonable methods to determine community park, recreation, and arts needs and recommend actions to meet those needs to the Town Council; d. Review site plans for public parks, recreation, art, or cultural facilities and recommend plans and specifications to the Town Council for additions and improvements; e. Review and comment on all subdivisions and other development proposals in which land is proposed for dedication, credit for private open space is requested, projects on school lands or other significant park, creek, trail, or open space concerns exist; f. Review and comment on the annual implementation of the Capital Improvement Program; g. Recommend to the Town Council for adoption facility use policies including fees, restrictions, priorities and other concerns and review the adopted policies and fees annually recommending changes as needed. h. Consider improvements to the condition of Town recreation facilities annually; and i. Perform other duties prescribed by the Town Council. 2-10.14 Commission Alternate. The Town Council may, at its discretion, appoint one alternate to the Commission. The alternate member of the Commission shall attend all meetings of the Commission. If a regular member of the Commission is absent or required to abstain from all or any part of a Commission meeting, the alternate member shall participate in place of the absent member, with all rights and privileges of a regular member, including the authority to vote on matters before the Commission. SECTION 4. CODIFICATION. Sections 2 and 3 of this ordinance shall be codified in the Danville Municipal Code. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, PAGE 4 OF ORDINANCE NO. 2019-08 EpdvTjho!Fowfmpqf!JE;!645FC1F3.GC12.5588.B263.55BD:964GG63 sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. The foregoing Ordinance was introduced on September 3, 2019 and approved and adopted by the Danville Town Council on September 17, 2019, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2019-08 of said Town and that said ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville PAGE 5 OF ORDINANCE NO. 2019-08