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HomeMy WebLinkAbout2011-04-05; City Council; CS-124; MODIFYING THE ARTS COMMISSION ORDINANCE...1 2 3 4 5 2.18 of the Carlsbad Municipal Code and recommended changes that would bring the 7 8 9 10 11 EXHIBIT 1 ORDINANCE NO. CS-124 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE, MODIFYING THE CARLSBAD ARTS COMMISSION ORDINANCE, CHAPTER 2.18 WHEREAS, the Carlsbad Arts Commission and staff have met to review Chapter ordinance up-to-date with the actual workings and current responsibilities of the Commission; and WHEREAS, the Carlsbad City Council concurs that it is necessary to amend Chapter 2.18 of the Carlsbad Municipal Code section and agrees with the recommendations put forth by the Carlsbad Arts Commission and staff; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '" III27 III 28 The City Council of the City of Carlsbad, California, hereby ordains as follows: SECTION 1: That Title 2, Chapter 2.18 of the Carlsbad Municipal Code is amended to read as follows: Chapter 2.18 CARLSBAD ARTS COMMISSION Sections: 2.18.010 Created. 2.18.020 Purpose. 2.18.030 Membership - terms - vacancies. 2.18.040 Compensation. 2.18.050 Chair. 2.18.060 Meetings. 2.18.070 Staff Liaison. 2.18.080 Duties. 2.18.090 Rules. 2.18.100 Powers generally. 2.18.110 Appropriations for arts. 2.18.120 Selection and placement of works of art. 2.18.130 Powers delegated to commission to be advisory. 1 SECTION 2: That Chapter 2.18, Section 2.18.010 of the Carlsbad Municipal 2 Code reads as follows: 2.18.010 Created. 4 A Carlsbad Arts Commission for the City is created. SECTION 3: That Chapter 2.18, Section 2.18.020 of the Carlsbad Municipal 6 Code reads as follows: 7 2.18.020 Purpose. 8 The purpose of the Carlsbad Arts Commission is to advise the City Council on the implementation of the Arts Element of the Carlsbad General Plan. 9 SECTION 4: That Chapter 2.18, Section 2.18.030 of the Carlsbad Municipal 10 Code is amended to read as follows: 11 " 12 13 15 22 23 24 25 26 27 28 2.18.030 Membership - terms - vacancies. The Carlsbad Arts Commission shall consist of seven members appointed by the Mayor with the approval of the City Council. Of the members so appointed, three shall be for a term of three years, two shall be for a term of two years and two shall be for a term of one year. Their successors shall be appointed for a term of four years and be eligible for a second successive term. Members appointed to an unexpired term are eligible for two successive terms in addition to the unexpired term. Members shall be residents of the City of Carlsbad. 16 SECTION 5: That Chapter 2.18 of the Carlsbad Municipal Code is amended by 17 the addition of Section 2.18.040 as follows: 18 2.18.040 Compensation. 19 The Carlsbad Arts Commission shall act without compensation. 20 SECTION 6: That Chapter 2.18, Section 2.18.050 of the Carlsbad Municipal Code is amended to read as follows: 2.18.050 Chair. The members of the Carlsbad Arts Commission shall elect their own chair who shall preside at all meetings. The chair shall hold office for a term of one year. Thereafter a new chair shall be elected at each succeeding year. One chair may serve for more than one successive term. J 1 SECTION 7: That Chapter 2.18, Section 2.18.060 of the Carlsbad Municipal 2 Code is amended to read as follows: 3 " 4 5 6 7 8 9 10 11 12 13 14 23 24 26 27 28 2.18.060 Meetings. The Carlsbad Arts Commission shall establish a regular time and place of meetings and shall hold not less than one meeting per quarter. The majority of the appointed members shall constitute a quorum for the purpose of transacting the business of the Commission. SECTION 8: That Chapter 2.18, Section 2.18.070 of the Carlsbad Municipal Code is amended to read as follows: 2.18.070 Staff Liaison. The City Manager shall appoint an employee of the City to act as staff liaison to the Commission. SECTION 9: That Chapter 2.18, Section 2.18.080 of the Carlsbad Municipal Code is amended to read as follows: 2.18.080 Duties. The Carlsbad Arts Commission shall have the power, and it shall be the duty of the Commission, to make recommendations to the City Council and advise it on the M implementation of the Arts Element of the General Plan. SECTION 10: That Chapter 2.18, Section 2.18.090 of the Carlsbad Municipal16 Code reads as follows:17 2.18.090 Rules.18 The Commission may adopt its own rules and regulations. SECTION 11: That Chapter 2.18, Section 2.18.100 of the Carlsbad Municipal Code is amended to read as follows:21 2.18.100 Powers generally. The Carlsbad Arts Commission shall have the power to: 1) Encourage and advocate for the arts. 2) Provide assistance and guidance to the Cultural Arts Office regarding arts programming, public art and arts-related educational programming. 3) Recommend to City Council policies related to arts programming, public art and arts-related educational programming. 4) Provide a forum for citizen concerns regarding art issues. 1 2 Commissioners may serve on the same advisory or ad hoc committee at one time. 3 All ad hoc committees of the Arts Commission shall be open to the public and 4 5 6 7 8 10 11 12 13 18 19 20 21 5) Assign members to serve on advisory committees related to arts programming, public art, arts-related educational programming and arts-related ad hoc committees that may be established from time to time. No more than three subject to "The Brown Act", pursuant to Section 2.08.110 of this Code. 6) Provide financial assistance whenever feasible to groups or individuals who provide public arts programming to the citizens. 7) Recommend to City Council the planning and development of new or augmented arts facilities as may be needed. 8) Recommend to City Council all works of art to be acquired by the City, either by purchase, gift or otherwise, and their proposed locations. 9) Recommend to City Council regarding the conservation, restoration, relocation or disposition of works of art in the City's possession. 10) Determine a method or methods of recommending the selection and commissioning of artists with respect to the design, execution and placement of works of art for which appropriations have been made, and pursuant to such method or methods, recommend to the City Council selection of artists by contract for such purposes. SECTION 12: That Chapter 2.18, Section 2.18.110 of the Carlsbad Municipal Code is amended to read as follows: 14 „ 2.18.110 Appropriations for arts. 15 a) All City departments shall include in all estimates of necessary expenditures and all requests for authorizations or appropriations for construction projects, an 16 amount for works of art equal to at least one percent of the total cost of any such construction project as estimated in the City's capital improvement program for the year in which such estimate or request is made. If there are legal restrictions on the source of funding with respect to any particular project which precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the total project cost in making the required estimate. b) The City Council may make appropriations for works of art in connection with construction projects as provided in this chapter. c) Any funds realized from the disposition of objects in the City's Art in Public Places collection shall be used for the benefit of the City's Art in Public Places collection; specifically, for the purposes of acquiring, restoring and refurbishing public art. Notwithstanding the foregoing sentence, the City Council shall have the discretion 23 to appropriate any funds realized from the disposition of objects in the City's Art in Public Places collection for other purposes. 24 SECTION 13: That Chapter 2.18, Section 2.18.120 of the Carlsbad Municipal 25 Code is amended to read as follows: 26 2.18.120 Selection and placement of works of art. 27" 28 1 2 3 4 5 2.18.130 Powers delegated to commission to be advisory. 6 Nothing in this chapter shall be construed as restricting any of the powers of the City 7 8 9 10 11 12 15 16 17 18 19 20 21 /// 22 23 24 25 26 '" 27 28 The selection of artists and the commissioning and placement of works of art shall be authorized by the City Council after a report and recommendation of the Carlsbad Arts Commission. SECTION 14: That Chapter 2.18, Section 2.18.130 of the Carlsbad Municipal Code is amended to read as follows: Council, or as a delegation of the Carlsbad Arts Commission of any of the authority or discretionary powers vested and imposed by law in the City Council. The City Council declares that the public interest requires the appointment of a Carlsbad Arts Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein delegated to the Commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of administrative authority. SECTION 15: That Chapter 2.18, Section 2.18.140 of the Carlsbad Municipal Code is deleted in its entirety. 13 n SECTION 16: That Chapter 2.18, Section 2.18.150 of the Carlsbad Municipal14 Code is deleted in its entirety. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published at least once in a general circulation newspaper in the City of Carlsbad within fifteen days after its adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of March 2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY I U4 *aag3 ,(QL \ egacg— RONAlD R. BALL, City Attorney MATT HAy_, Mayor ATTEST: LORRAINE M. WOOD, City Clerk CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-124 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS-124 is to be considered at the City Council Meeting to be held on the 5th day of, 2011. 2.) That a certified copy of the full text of Ordinance No. CS-124 was posted in the City Clerk's Office on the 1st day of April 2011. 3.) That a summary of the Ordinance was published in the North County Times, on the 2nd day of April 2011. FREISI , Senior Deputy Clerk Certification of Posting and Publication of Ordinance Page 2 4.) That Ordinance No. CS- 124 was adopted on the 5th day of April 2011. 5.) That a certified copy of the full text of Ordinance No. CS- 124, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 12th day of April 2011. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the 151 day of April 2011. Dated: (Seal) occkt.S8,401,,, CY:. • ''' '' ''' " • #