HomeMy WebLinkAbout2015-03-10; City Council; 21888; Amending Title 2 Carlsbad Arts Commission Chapter 2.18CITY OF CARLSBAD - AGENDA BILL 13
'^^^ 21,888 ADOPTION OF AN ORDINANCE AMENDING TITLE 2,
OF THE CARLSBAD MUNICIPAL CODE MODIFYING
THE CARLSBAD ARTS COMMISSION ORDINANCE,
CHAPTER 2.18
DEPT. DIRECTOR
MTG. 3/10/15
ADOPTION OF AN ORDINANCE AMENDING TITLE 2,
OF THE CARLSBAD MUNICIPAL CODE MODIFYING
THE CARLSBAD ARTS COMMISSION ORDINANCE,
CHAPTER 2.18
CITY ATTORNEY
DEPT. Clerk
ADOPTION OF AN ORDINANCE AMENDING TITLE 2,
OF THE CARLSBAD MUNICIPAL CODE MODIFYING
THE CARLSBAD ARTS COMMISSION ORDINANCE,
CHAPTER 2.18 CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-268, amending Title 2, Chapter 2.18, of the Carlsbad Municipal Code, modifying the
Carlsbad Arts Commission ordinance.
ITEM EXPLANATION:
Ordinance No. CS-268 was introduced and first read at the City Council meeting held on February 24, 2015.
The second reading allows the City Council to adopt the ordinance which will become effective thirty days
after its adoption. The City Clerk will have the ordinance or a summary of the ordinance published within
fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,870 on file in the Office ofthe City Clerk.
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 Guideline Section 15378, as it does not result in
a direct or reasonable foreseeable indirect physical change in the environment.
EXHIBIT:
1. Ordinance No. CS-268.
FOR CITY CLERKS USE ONLY
•
COUNCIL ACTION: APPROVED
•
CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
* Incorrect version of ordinance approved. Ordinance adoption
returned to cou nci 3/24/15.
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ORDINANCE NO. CS-268
AN ORDINANCE OF THE CITY COUNCIL OF THE CARLSBAD, CALIFORNIA,
AMMENDING TITLE 2 OF THE CARSLBAD MUNICIPAL CODE, MODIFYING
THE CARLSBAD ARTS COMMISSION ORDINANCE, CHAPTER 2.18
SECTION 1: Title 2, Chapter 2.18.020 ofthe Cadsbad Municipal Code is amended to read
as follows:
2.18.020 Purpose.
The purpose ofthe Cartsbad Arts Commission is to advise the city council on the arts and
culture related matters and implementation ofthe arts element ofthe Carlsbad General
Plan.
SECTION 2: Title 2, Chapter 2.18.080 ofthe Carlsbad Municipal Code is amended to read
as follows:
2.18.080 Duties.
The Cartsbad Arts Commission shall have the power, and it shall be the duty ofthe
Commission, to make recommendations to the city council on arts and culture related
matters and advise it on the implementation ofthe arts element ofthe general plan.
SECTION 3 Title 2, Chapter 2.18.110 ofthe Cadsbad 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 authonzations 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 ofthe following:
(1) Construction, reconstruction, or renovation in excess of $500,000, involving any
publicly owned, leased, or operated facility including any plant, building, structure,
ground facility, utility system, real property, streets and highways, or other public
work improvement.
(2) Parkland acquisition including the cost to acquire land, including an existing
building or structure, for a project, including appraisal and negotiation costs and
parkland development projects.
(3) 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
restncted to "transportation purposes" or "direct construction costs") may prohibit
formula-based expenditures for art. Thus, percent for art will not be collected from
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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.
(4) 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) Forthe purposes ofthe Art in Public Places Program, Capital Improvement Project
does not mean any of the following maintenance work:
(1) Routine, recurnng, and usual work forthe preservation or protection of any publicly
owned or publicly operated facility (see 2.18110 b-1) for its intended purposes.
(2) Resurfacing of streets and highways at less than one inch.
(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 ofthe City of Cartsbad will verify the
1 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 Carisbad 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 forthe benefit ofthe 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 ofthe Carisbad 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 Carisbad 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.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city cleri< 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 Attomey to be
published at least once in a newspaper of general circulation in the City of Carisbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 24* day of February, 2015, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carisbad on the 10* day of March, 2015, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attomey
MATT HALL, Mayor
ATTEST:
BARBARA BNGLESON, City Clerk
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ORDINANCE NO. CS-268
CCTH op
AN ORDINANCE OF THE CITY COUNCIL OF THECARLSBAD, CALIFORNIA,
AMMENDING TITLE 2 OF THE CARSLBAD MUNICIPAL CODE, MODIFYING
/ THE CARLSBAD ARTS COMMISSION ORDINANCE, CHAPTER 2.18
SECTION 1: Title 2, Chapter 2.18.020 ofthe Carlsbad Municipal Code is amended to read
as follows:
2.18.020 Purpose.
The purpose ofthe Carisbad Arts Commission is to advise the city council on,iHe arts and
culture related matters and implementation of the arts element of the Carisbad General
Plan.
SECTION 2: Title 2, Chapter 2.18.080 ofthe Carlsbad Municipal Code is amended to read
as follows:
2.18.080 Duties.
The Carisbad Arts Commission shall have the power, and it shall be the duty ofthe
Commission, to make recommendations to the city council on arts and culture related
matters and advise it on the implementation ofthe arts element ofthe general plan.
SECTION 3 Title 2, Chapter 2.18.110 ofthe Carisbad 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 ofthe following:
(1) Construction, reconstruction, or renovation in excess of $500,000, involving any
publicly owned, leased, or operated facility including any plant, building, structure,
ground facility, utility system, real property, streets and highways, or other public
work improvement.
(2) PirridaritH-ftftcpictitinri inr;|nriing the cost to acquire land, including anexistina
bfciMirrg or stfDirttiferfor a pFejeetrinctuaing appietibul uiiU-ftegt)tiation costs and
-parkland development projeefe.
(3) 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
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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.
(4) 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) Forthe purposes ofthe 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 2.1^ 10 b-1) for its intended purposes.
(2) Resurfacing of streets and highways at less than one inch.
(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 Carisbad will verify the
1 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. <x^
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 Carisbad Arts Commission. ThePark 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 ofthe city's art in public places collection;
specifically, forthe 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 ofthe Carisbad 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 arhworks, 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 Carisbad 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.
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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 Attomey to be
published at least once in a newspaper of general circulation in the City of Carisbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 24* day of February, 2015, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carisbad on the 10* day of March, 2015, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREVVER, City Attomey
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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