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HomeMy WebLinkAbout2019-05-02; Arts Commission; ; REVIEW OF CARLSBAD MUNICIPAL CODE CHAPTER 2.18 Meeting Date: May 2, 2019 To: Carlsbad Arts Commission From: Richard Schultz, Cultural Arts Manager richard.schultz@carlsbadca.gov or 760-602-2086 Subject: Review of Carlsbad Municipal Code, Chapter 2.18 Recommended Action No action needed. Executive Summary The Arts Commission will be asked to begin review of their ordinance and provide input for revision and updating of the ordinance. Discussion Per the City Council, the Arts Commission has been asked to review its ordinance (Carlsbad Municipal Code, Chapter 2.18) for revision and updating to reflect its current status and future work. With this first review, Arts Commissioners will provide comments and suggestions to staff to begin revision of the ordinance which will ultimately be presented to the City Council for review, comment and adoption at a future date. Fiscal Analysis No additional city funding is being requested at this time. Next Steps Cultural Arts staff will compile all feedback and revise the ordinance for additional review at a future meeting of the Arts Commission. Public Notification and Outreach This document was noticed in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et. Seq.), published and distributed at least 72 hours prior to the meeting date and time. Exhibits None ~ ARTS COMMISSION \lr/ Staff Report Sections: 2.18.010 2.18.020 2.18.030 2.18.040 2.18.050 2.18.060 2.18.070 2.18.080 2.18.090 2.18.100 2.18.110 2.18.120 2.18.130 Chapter 2.18 CARLSBAD ARTS COMMISSION Created. Purpose. Membership-Terms-Vacancies. Compensation. Chair. Meetings. Staff liaison. Duties. Rules. Powers generally. Appropriations for arts. Selection and placement of works of art. Powers delegated to commission to be advisory. 2.18.010 Created. A Carlsbad Arts Commission for the city is created. (Ord. CS-124 § 2, 2011) 2.18.020 Purpose. 2.18.010 The purpose of the Carlsbad Arts Commission is to advise the city council on arts and culture related mat- ters and implementation of the arts element of the Carlsbad General Plan. (Ord. CS-268 § 1, 2015; Ord. CS- 124 § 3, 2011) 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 eligi- ble for two successive terms in addition to the unexpired term. Members shall be residents of the City of Carlsbad. (Ord. CS-124 § 4, 2011) 2.18.040 Compensation. The Carlsbad Arts Commission shall act without compensation. (Ord. CS-124 § 5, 2011) 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. (Ord. CS-124 § 6, 2011) 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 pur- pose of transacting the business of the commission. (Ord. CS-124 § 7, 2011) 63 2.18.070 2.18.070 Staff liaison. The city manager shall appoint an employee of the city to act as staff liaison to the commission. (Ord. CS- 124 § 8, 2011) 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 on arts and culture related matters and advise it on the implementation of the arts element of the general plan. (Ord. CS-268 § 2, 2015; Ord. CS-124 § 9, 2011) 2.18.090 Rules. The commission may adopt its own rules and regulations. (Ord . CS-124 § 10, 2011) 2.18.100 Powers generally. The Carlsbad Arts Commission shall have the power to: A. Encourage and advocate for the arts. B. Provide assistance and guidance to the cultural arts office regarding arts programming, public art and arts-related educational programming. C. Recommend to city council policies related to arts programming, public art and arts-related educational programming. D. Provide a forum for citizen concerns regarding art issues. E. 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 commissioners may serve on the same advisory or ad hoc committee at one time. All ad hoc committees of the arts commission shall be open to the public and subject to "The Brown Act," pursuant to Section 2.08.110 of this code. F. Provide financial assistance whenever feasible to groups or individuals who provide public arts pro- gramming to the citizens. G. Recommend to city council the planning and development of new or augmented arts facilities as may be needed. H. Recommend to city council all works of art to be acquired by the city, either by purchase, gift or other- wise, and their proposed locations. I. Recommend to city council regarding the conservation , restoration, relocation or disposition of works of art in the city's possession. J. Determine a method or methods of recommending the selection and commissioning of artists with re- spect 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. (Ord. CS-124 § 11, 2011) 2.18.110 Appropriations for arts. A. All city departments shall include in all estimates of necessary expenditures and all requests for au- thorizations or appropriations for construction projects, an 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 sou rce 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. 64 2.18.120 B. The city council may make appropriations for works of art in connection with construction projects as provided in this chapter. C. Construction project means any of the following: 1. Construction, reconstruction, or renovation in excess of $500,000.00, involving any publicly owned, leased, or operated facility including any plant, building, structure, utility system, real property, streets and highways, or other public work improvement. 2. Street or streetscape improvement projects o_ther than street repair or reconstruction. In the case of streetscape and right-of-way enhancement projects, streetscape means an improvement to a public right-of-way, including a sidewalk, tree, light fixture, sign, and furniture. Some funding sources (e.g., sources restricted to "transportation purposes" or "direct construction costs") may prohibit formula-based expenditures for art. Thus, percent for art will not be collected from those sources. However, city council may provide funding for public art for street or streetscape im- provements from general fund revenues on a case by case basis. 3. In the case of a publicly owned utility system, capital improvement project shall include only the construction, erection, improvement, of dams, reservoirs and power plants. D. For the purposes of the art in public places program, capital improvement project does not mean any of the following maintenance work: 1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility (see Section 2.18.11 0(C)(1 )) for its intended purposes. 2. Resurfacing of streets and highways. 3. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. 4. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, and power plants. E. Annually, the administrative services department of the City of Carlsbad will verify the one percent for public art allocation for all eligible GIP projects has been included in the budgeted amounts for city counqil approval. As an alternative, where funding for eligible projects is restricted and cannot be used' for public art, the council may appropriate percent for art funding from the general capital construction fund or the general fund. The funds for art allocations may be used for projects located at the direct site of the GIP project, or pooled for other future public art projects identified by the cultural arts manager and Carlsbad Arts Commission. The park in lieu fee funded percent for art allocations must be used for artwork at a park within the same quadrant where the fee was paid. F. 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 acquir- ing, restoring and refurbishing public art. Notwithstanding the foregoing sentence, the city council shall have the discretion to appropriate any funds realized from the disposition of objects in the city's art in public places collection for other purposes. (Ord. CS-268 § 3, 2015; Ord. CS-124 § 12, 2011) 2.18.120 Selection and placement of works of art. A. The selection of artists, commissioning of artworks, acceptance of donated artworks, and placement of works of art shall be governed by the art in public places program as developed and adopted by the Carlsbad Arts Commission and city council. B. The arts commission shall further have the power to promulgate and adopt rules and regulations per- taining to the art in public places program. (Ord. CS-268 § 4, 2015; Ord. CS-124 § 13, 2011) 65 2.18.130 2.18.130 Powers delegated to commission to be advisory. Nothing in this chapter shall be construed as restricting any of the powers of the city council, or as a delega- tion 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 Carls- bad 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. (Ord. CS-124 § 14, 2011) 66 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 ORDINANCE NO. CS-268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE, MODIFYING THE CARLSBAD ARTS COMMISSION ORDINANCE, CHAPTER 2.18 SECTION 1: Title 2, Chapter 2.18.020 of the Carlsbad Municipal Code is amended to read as follows: 2.18.020 Purpose. The purpose of the Carlsbad Arts Commission is to advise the city council on arts and culture related matters and implementation of the arts element of the Carlsbad General Plan. SECTION 2: Title 2, Chapter 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 on arts and culture related matters and advise it on the implementation of the arts element of the general plan. SECTION 3 Title 2, Chapter 2.18.110 of the Carlsbad Municipal Code is amended to read as follows: 2.18.110 Appropriations for arts. (a) All city departments shall include in all estimates of necessary expenditures and all requests for authorizations or appropriations for construction projects, an 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) Construction project means any of the following: (1) Construction, reconstruction, or renovation in excess of $500,000, involving any publicly owned, leased, or operated facility including any plant, building, structure, utility system, real property, streets and highways, or other public work improvement. (2) Street or streetscape improvement projects other than street repair or reconstruction. In the case of streetscape and right-of-way enhancement projects, streetscape means an improvement to a public right-of-way, including a sidewalk, tree, light fixture, sign, and furniture. Some funding sources (e.g., sources restricted to "transportation purposes" or "direct construction costs") may prohibit formula-based expenditures for art. Thus, percent for art will not be collected from those sources. However, City Council may provide funding for public art for street or streetscape improvements from general fund revenues on a case by case basis. 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 (3) In the case of a publicly owned utility system, capital improvement project shall include only the construction, erection, improvement, of dams, reservoirs and power plants. (d) For the purposes of the Art in Public Places Program, Capital Improvement Project does not mean any of the following maintenance work: (1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility (see 2.18.110 b-1) for its intended purposes. (2) Resurfacing of streets and highways. (3) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (4) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, and power plants. (e) Annually, the Administrative Services Department of the City of Carlsbad will verify the one percent for public art allocation for all eligible CIP projects has been included in the budgeted amounts for City Council approval. As an alternative, where funding for eligible projects is restricted and cannot be used for public art, the Council may appropriate percent for art funding from the General Capital Construction Fund or the General Fund. The funds for art allocations may be used for projects located at the direct site of the CIP project, or pooled for other future public art projects identified by the cultural arts manager and Carlsbad Arts Commission. The park in lieu fee funded percent for art allocations must be used for artwork at a park within the same quadrant where the fee was paid. (f) 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 to appropriate any funds realized from the disposition of objects in the city's art in public places collection for other purposes. SECTION 4 Title 2, Chapter 2.18.120 of the Carlsbad Municipal Code is amended to read as follows: 2.18.120 Selection and placement of works of art. (a) The selection of artists, commissioning of artworks, acceptance of donated artworks, and placement of works of art shall be governed by the Art in Public Places Program as developed and adopted by the Carlsbad Arts Commission and City Council. (b)The Arts Commission shall further have the power to promulgate and adopt rules and regulations pertaining to the Art in Public Places Program. II II II II II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24th day of February, 2015, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24th day of March, 2015, by the following vote, to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY: 16 & 11CELIAA~~ 18 19 20 21 22 23 24 25 26 27 28 MA TT HALL, Mayor ATTEST: