HomeMy WebLinkAbout2011-04-05; City Council; 20500; ARTS COMMISSION DUTIES AND RESPONSIBILITIESCITY OF CARLSBAD - AGENDA BILL
AB# 20,500
MTG. 4/5/11
DEPT. CLERK
REVISION OF DUTIES AND RESPONSIBILITIES
OF THE CARLSBAD ARTS COMMISSION
DEPT. HEAD ^,
CITYATTY. UP
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-124. amending Title 2, Chapter 2.18 of the Carlsbad Municipal
Code, to clarify and update the duties and responsibilities of the Carlsbad Arts Commission and
to make the Code more accurately reflect the workings of the Commission and its relationship
to the City Council and to the Cultural Arts Office.
ITEM EXPLANATION:
Ordinance No. • CS-124 was introduced and first read at the City Council meeting held on
March 22, 2011. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,487 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "project" within the meaning of CEQA and therefore, does not
require additional environmental review.
EXHIBITS:
1. Ordinance No. CS-124.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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2.18 of the Carlsbad Municipal Code and recommended changes that would bring the
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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
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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
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:
3 2.18.010 Created.
4 A Carlsbad Arts Commission for the City is created.
5 SECTION 3: That Chapter 2.18, Section 2.18.020 of the Carlsbad Municipal
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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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Code reads as follows:
2.18.020 Purpose.
The purpose of the Carlsbad Arts Commission is to advise the City Council on the
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.
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The Carlsbad Arts Commission shall act without compensation.
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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.
The Carlsbad Arts Commission shall establish a regular time and place of meetings and4
shall hold not less than one meeting per quarter. The majority of the appointed members
5 shall constitute a quorum for the purpose of transacting the business of the Commission.
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SECTION 8: That Chapter 2.18, Section 2.18.070 of the Carlsbad Municipal
Code is amended to read as follows:
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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.
SECTION 10: That Chapter 2.18, Section 2.18.090 of the Carlsbad Municipal16
Code reads as follows:
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2.18.090 Rules.
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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
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4) Provide a forum for citizen concerns regarding art issues.
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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.
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.
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:
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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
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
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
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2,18.120 Selection and placement of works of art.
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1 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
2 Commission.
3 SECTION 14: That Chapter 2.18, Section 2.18.130 of the Carlsbad Municipal
4 Code is amended to read as follows:
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SECTION 16: That Chapter 2.18, Section 2.18.150 of the Carlsbad Municipal
Code is deleted in its entirety.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its16
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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.
SECTION 15: That Chapter 2.18, Section 2.18.140 of the Carlsbad Municipal
Code is deleted in its entirety.
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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 22nd day of March 2011, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the 5th day of April 2011 by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
7 NOES: None.
8 ABSENT: None.
9 ABSTAIN: None.
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11 APPROVED AS TO FORM AND LEGALITY
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14 RONAlD R. BALL, City Attorney
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16 MATT HAy_, Mayor
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18 ATTEST:
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20 ^ -^ LpRRAINE M. WOOD, City Clerk
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