Chapter 2.32
HISTORIC PRESERVATION COMMISSION
Sections:
2.32.020 Qualification of members.
2.32.050 Vacancy caused by absence from meeting.
2.32.060 Time and place of regular meetings.
2.32.070 Appointment of officers.
2.32.010 Creation.
There is created a historical preservation commission, hereinafter referred to as the “commission.” The commission will consist of the seven members of the Winters planning commission appointed by the mayor with the consent of the city council. (Ord. 88-08 § 3 (part): Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.701)
2.32.020 Qualification of members.
A. The members of the commission should include members of preservation related organizations such as historical societies, museums, heritage groups and civic clubs, as well as members of professional bodies such as licensed architects, attorneys and urban planners.
B. To the extent commission members with these qualifications are unavailable in the community or are unable to serve on the commission, an advisory committee will be appointed by the historical preservation commission. The advisory committee shall provide professional expertise as required in such disciplines as architecture, history, planning and archeology, as needed. (Ord. 2003-05 § 2; Ord. 88-08 § 3 (part): Ord. 85-03 § 2 (part): prior code § 2-3.702)
2.32.030 Term of office.
The term of office for each member is four years concurrent with the term of the planning commission. Each member serves until his or her successor is appointed and qualifies. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.703)
2.32.040 Removal or vacancy.
A member of the commission may be removed by a majority vote of the city 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. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.704)
2.32.050 Vacancy caused by absence from meeting.
If a member of the commission is absent without cause from three successive meetings of the commission, the office becomes vacant automatically. The commission shall immediately notify the council of the vacancy. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.705)
2.32.060 Time and place of regular meetings.
The commission shall fix the time and place of its regular meetings. The commission shall meet no less often than four times per year in order to ensure the smooth process of business. Notice of meetings shall be given in conformance with California Government Code Section 54951-54962 (The Ralph M. Brown Act). (Editorially amended during 2003 codification; Ord. 88-08 § 3 (part): Ord. 85-03 § 2 (part): prior code § 2-3.706)
2.32.070 Appointment of officers.
The commission shall appoint a chair and vice-chair and secretary from among its members. The chair and vice-chair serve for a term of one year and until the successor of each is appointed and takes office. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.707)
2.32.080 Adoption of rules.
The commission shall develop and adopt its own operating rules and by laws for the transaction of its business; thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.708)
2.28.090 Commission records.
The commission shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.709)
2.28.100 Quorum.
Four members of the commission constitute a quorum for the transaction of business. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.710)
2.32.110 Duties of officers.
A. Chair. The chair shall preside at all meetings of the commission. He or she shall appoint each committee and shall perform the duties necessary or incidental to the office.
B. Vice-Chair. The vice-chair is chair in the absence of the chair or in a case of inability of the chair to act.
C. Secretary. The secretary shall keep minutes of each meeting and shall record the official action taken. On all official actions on which a vote is taken, the secretary shall take the vote by roll call, in alphabetical order, with the chair voting last. The secretary shall certify each official document and resolution of the commission. The secretary shall maintain records of operation and shall perform such other duties as the commission assigns. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.711)
2.32.120 Powers and duties.
The historical preservation commission shall have the following powers and duties:
A. Adopt procedural rules for the conduct of its business in accordance with the provisions of this chapter;
B. Establish criteria and conduct or cause to be conducted a periodic update of the Winters Cultural Resources Inventory completed in 1983. Publicize results of the survey updates;
C. Maintain a local register of cultural resources including historic districts and neighborhoods, landmark sites, and landmarks within the city;
D. Preserve, restore, maintain, and operate historic properties under the ownership or control of the city;
E. To establish various criteria, guidelines and standards to carry out the intent of this chapter;
F. Adopt prescriptive standards to be used by the commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any cultural resource;
G. To recommend to the city council, in accordance with the criteria set forth in Section 17.108.030 the designation of cultural resources including historical landmarks, landmark sites, and historical districts and neighborhoods;
H. To participate in administering regulations pertaining to cultural resources including historical landmarks and historical districts;
I. Investigate and make recommendations to the city council ways to fund and to otherwise make financially feasible the protection of historical landmarks and historical districts on the use of various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city;
J. To recommend to the city council the means to implement the historic preservation element of the general plan and this chapter by developing information and programs to increase awareness of, preservation of, and use of historical landmarks and historical districts in the city. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources;
K. Render advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource including landmarks, landmark sites, historic districts, or neighboring properties within public view;
L. Review all applications for permits, environmental assessments, environmental impact statements, and other similar documents as set forth in this chapter, pertaining to designated and potential cultural resources, or related neighboring property within public view. The community development department shall forward all such documents to the commission for review and comment. The commission shall, forward its recommendations to the planning commission or city council as appropriate;
M. Approve or disapprove, in whole or in part, applications for permits pursuant to Sections 17.108.050 through 17.108.080;
N. Consider whether denial of certificates of approval affecting cultural resources results in economic hardship to the property owner according to the procedures outlined in Section 17.108.150;
O. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the city, the county, or state as they relate to the cultural resources of the community;
P. Review the actions and proposed actions and environmental review processes of all city departments and public agencies and advise on the effects of these actions, programs, capital improvements or activities on designated and potential cultural resources;
Q. Hire staff, retain consultants and conduct studies, as the commission deems desirable or necessary, except that all expenditures of city funds are subject to prior approval by the city council;
R. Conduct negotiations on behalf of the city council regarding recommendations for the purchase by the city of fee or less than fee interests in property, transfer of development rights, easements or other mechanisms for purposes of cultural heritage resources preservation;
S. Assume whatever responsibilities and duties may be assigned to it by the state under the Certified Local Government Provisions of the National Historic Preservation Act of 1966 as amended;
T. Confer recognition upon the owners of landmarks or property or structures within historic districts or neighborhoods, or cultural resource areas by means of certificates, plaques, or markers and from time to time issue commendations to owners of cultural resources who have rehabilitated their property in an exemplary manner;
U. Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record;
V. Publish procedural rules for registering historical properties identified in a local cultural resources survey program or the Nation Register of Historic Places, in accordance with the requirements in the National Historic Preservation Act, Section 101(c) (2);
W. Undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to fulfill the objectives of cultural resource preservation;
X. To perform such other duties as the city council may direct;
Y. To integrate preservation planning into the general planning review process. (Ord. 88-03 § 1: Ord. 85-03 § 2 (part): prior code § 2-3.712)