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Carlsbad Municipal Code found the ordinance to be out of date with the current workings of the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WITHDRAWN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
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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.
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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
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CARLSBAD ARTS COMMISSION
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Sections:
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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
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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.
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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.
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SECTION 4: That Chapter 2.18, Section 2.18.030 of the Carlsbad Municipal
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Code is amended to read as follows:
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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.
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SECTION 5: That Chapter 2.18 of the Carlsbad Municipal Code is amended by
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the addition of Section 2.18.040 as follows:
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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.
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SECTION 7: That Chapter 2.18, Section 2.18.060 of the Carlsbad Municipal
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Code is amended to read as follows:
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2.18.060 Meetings.
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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:
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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.
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3 All ad hoc committees of the Arts Commission shall be open to the public and
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8 disposition of works of art in the City's possession.
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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:
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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:
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2.18.120 Selection and placement of works of art.
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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
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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.
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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
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of the City of Carlsbad on the day of , 20 , by the following
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AYES:
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NOES:8
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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
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16 MATT HALL, Mayor
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ATTEST:
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LORRAINE M. WOOD, City Clerk
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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.
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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.
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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.
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