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HomeMy WebLinkAbout2011-03-22; City Council; 20487; CMC amendment related to Arts CommissionCITY OF CARLSBAD - AGENDA BILL AB# 20,487 MTG. 3/22/1 1 DEPT. Arts AMENDING TITLE 2, CHAPTER 2.18 OF THE CARLSBAD MUNICIPAL CODE RELATED TO THE DUTIES OF THE CARLSBAD ARTS COMMISSION DEPT. HEAD CITYATTY. <%&?. CITY MGR. <£, RECOMMENDED ACTION: Introduce Ordinance No. cs-124 amending Title 2, Chapter 2.18 of the Carlsbad Municipal Code related to the duties of the Carlsbad Arts Commission. ITEM EXPLANATION: A review by staff and arts commissioners of Chapter 2.18 (Carlsbad Arts Commission) of the Carlsbad Municipal Code found the ordinance to be out of date with the current workings of the Carlsbad Arts Commission. The original ordinance was written in 1986 and no changes have been made to it since that time. The amendments to the Municipal Code are designed to clarify and update the duties and responsibilities of the Carlsbad Arts Commission and to make the Code more accurately reflect the regular workings of the Commission and its relationship to the City Council and to the Cultural Arts Office. Following is a summary of the major changes recommended. Section 2.18.030 - Membership: term lengths changed from three years to four years, with eligibility for two successive terms. Section 2.18.060 - Meetings: schedule changed from at least one per month to at least one per quarter. Section 2.18.100 - Powers generally: many of the changes in this section are designed to focus on and emphasize the Commission's relationship to the City Council, especially the Commission's role to "recommend" to City Council regarding public art projects as well as a variety of other issues. Other changes reflect the shift of specific responsibilities, from the Commission to staff, that have taken place over the past 24 years since the ordinance was first adopted. Section 2.18.110 and 2.18.120 - Funds and Budget: Both items have been deleted. The Fund has not existed since at least 1999, and funds have never been allocated nor a budget Department Contact: Peter Gordon, Arts Manager 760-434-2921 peter.gordon@.carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Dn CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF O OTHER - SEE MINUTES D developed or requested. Section 2.18.130 was renumbered to 2.18.110 -Appropriations for arts: a third subsection was added regarding funds realized from the possible disposition of objects in the City's public art collection to align the City with the ethical standards and practices associated with the disposition of objects established and widely accepted in the museum profession and other municipal public art collections. Section 2.18.140 was renumbered to 2.18.120 and Section 2.18.150 was renumbered to Section 2.18.130. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: Amending these sections of the Carlsbad Municipal Code does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378, as it does not result in a direct or reasonable foreseeable indirect physical change in the environment. EXHIBITS: 1. Ordinance No. cs-124 2. Chapter 2.18 of the Carlsbad Municipal Code: Strikeout-underline format of proposed changes. 5 18 19 20 1 2 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE CARLSBAD 3 MUNICIPAL CODE, MODIFYING THE CARLSBAD ARTS 4 COMMISSION ORDINANCE, CHAPTER 2.18 2.18 of the Carlsbad Municipal Code and recommended changes that would bring the EXHIBIT 1 ORDINANCE NO. CS-124 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 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 7 8 9 10 11 12 13 14 15 CARLSBAD ARTS COMMISSION 16 Sections: 17 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. amended to read as follows: Chapter 2.18 21 22 23 24 25 26 '" III27 III28 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. 12 13 24 25 26 27 28 1 SECTION 2: That Chapter 2.18, Section 2.18.010 of the Carlsbad Municipal 2 Code reads as follows: 3 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 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 19 20 21 22 23 2.18.040 Compensation. The Carlsbad Arts Commission shall act without compensation. 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. 1 SECTION 7: That Chapter 2.18, Section 2.18.060 of the Carlsbad Municipal 2 Code is amended to read as follows: 3 2.18.060 Meetings. 17 18 19 20 21 4 5 6 7 8 9 10 11 12 13 14 15 n SECTION 10: That Chapter 2.18, Section 2.18.090 of the Carlsbad Municipal16 Code reads as follows: 2.18.090 Rules. 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: 27 28 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 implementation of the Arts Element of the General Plan. 2.18.100 Powers generally. The Carlsbad Arts Commission shall have the power to: 23 1) Encourage and advocate for the arts. 2) Provide assistance and guidance to the Cultural Arts Office regarding arts 24 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. X'J 1 2 3 All ad hoc committees of the Arts Commission shall be open to the public and 4 5 6 7 8 disposition of works of art in the City's possession. 9 10 11 12 13 18 19 20 21 22 23 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 Commissioners may serve on the same advisory or ad hoc committee at one time. 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 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 17 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 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 n 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 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 Municipal Code is deleted in its entirety.15 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. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 4 3 of the City of Carlsbad on the day of , 20 , by the following 5 vote, to wit: 6 AYES: 7 NOES:8 9 ABSENT: INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of March 2011 by the following vote to wit: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney 10 11 12 13 14 15 16 MATT HALL, Mayor 17 ATTEST: 18" 19 LORRAINE M. WOOD, City Clerk 20 (SEAL) 21 22 23 24 25 26 27 28 EXHIBIT 2 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 Chairman. 2.18.060 Meetings. 2.18.070 Coordinator. Staff Liaison. 2.18.080 Duties. 2.18.090 Rules. 2.18.100 Powers generally. 2.18.110 Funds—disposition of monies. 2.18.120 Budget. 2.18.130 2.18.110 Appropriations for arts. 2.18.140 2.18.120 Selection and placement of works of art. 2.18.150 2.18.130 Powers delegated to commission to be advisory. 2.18.010 Created. A Carlsbad Arts Commission for the City is created. 2.18.020 Purpose. 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. 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 thfee- four years. Vacancies shall be filled in the same manner, 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. 2.18.040 Compensation. The Carlsbad Arts Commission shall act without compensation. 2.18.050 Chairman. The members of the Carlsbad Arts Commission shall elect their own chairman who shall preside at all meetings. The chairman shall hold office for a term of one year. Thereafter a new chairman shall be elected at each succeeding year. One chairman may serve for more than one successive term. f 2.18.060 Meetings. The Carlsbad Arts Commission shall establish a regular time and place of meetings and shall hold at least one meeting each month 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. 2.18.070 Coordinator SlaffLiaison. The City Manager shall appoint an employee of the City to act as coordinator and staff liaison to the Qeommission. 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 tbe- Council jLon the implementation of the Arts Element of the General Plan. 2.18.090 Rules. The Commission may adopt its own rules and regulations. 2.18.100 Powers generally. The Carlsbad Arts Commission shall have the power to: 1) Encourage individuals and organizations that provide an educational experience in the arts for the citizens and advocate for the arts. 2) Provide direction and support for continued development and presentation of a variety of arts in the Citv assistance and guidance to the Cultural Arts Office regarding arts programming, public art and arts-related educational programming. 3) Generate a wide range of programs that develop the skills of the participants at all levels of creative expression Recommend to Citv Council policies related to arts programming, public art and arts-related educational programming. 4) Provide through an Advisory Arts Commission a forum for arts concerns and recommendations to the elected officials and their staff concerning arts issues §= forum for citizen concerns regarding art issues. §)—Develop the concept of contracting for cultural services with local arts organizations and individual artists §} (6) Encourage citizens to take advantage of the arts programming offered by agencies and institutions in the community 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 mav 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 2.08.11 Oof this Code. §} 7)-Provide financial assistance whenever feasible to groups or individuals who provide public arts programming to the citizens. 8) — Help promote school and community cooperation in the programming of artistic and cultural events and opportunities. 8) — Recognize and assist those who have specialized knowledge and skills in the 10) Develop cooperative arrangements between the City and other agencies, local, state, and federal, to provide noodod arts facilities for the City Zl 11) Encourage Recommend to Citv Council the planning and development of new or augmented arts facilities as may be needed. 42) — Provide for the selection, installation and maintenance of works of art within public facilities. 43) — Encourage private businesses to display works of art in their public places. 44) — Seek private funding in all areas of the arts. 45) — Promote cooperative arrangements between the City and other agencies, local, state, and federal, to provide works of fine art for display in public places. 4€) — Facilitate the utilization of free public exhibition spaces. §} 17) Review and make recommendations upon Recommend to Citv Council all works of art to be acquired by the City, either by purchase, gift or otherwise, and their proposed locations. 9J 18) Review and make recommendations with reference to any existing works of art in the possession of the City in connection with the removal, relocation or alteration thereof. Recommend to Citv Council regarding the conservation, restoration, relocation or disposition of works of art in the City's possession. 101 40) 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. 20) — Prior to payment for works of art, review such works to report on the conformity of the finished work with the approved plans or other documents describing the work of art to be carried out. 2.18.110 Funds—disposition of monies. n The City Council shall establish a fund to be known as the Carlsbad Arts Commission Fund. There shall bo deposited to and expended from this Fund all fees or monies received by the Commission, including the proceeds from all gifts, legacies or bequests and including the proceeds of other sources managed or controlled by the Commission and derived by it in connection with the operation of the arts activities and facilities under its jurisdiction. All monies in the Fund shall be used for the promotion, supervision and operation of the arts and if not used during any current year shall accumulate in the Fund. Any expenditures from the Fund shall be subject to prior approval by the City Council. 2.18.120 Budget. The Carlsbad Arts Commission may submit a budget request to the City Council on or before the 15th day of April of each year. The budget shall include an annual recommendation to the City Council for the expenditure of funds in the Carlsbad Arts Commission Fund. 2.18.130 2.18.110 Appropriations for arts. a) In addition to any budget fund aAJI City department§ heads 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 and may also provide for the appropriation of funds to the Carlsbad Arts Commission Fund for works of art. 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 to appropriate any funds realized from the disposition of objects in the City's Art in Public Places collection for other purposes. 2.18.140 2.18.120 Selection and placement of works of art. 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. 2.18.150 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 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. (3