Loading...
HomeMy WebLinkAbout2015-03-24; City Council; 21905; Amending Title 2 Carlsbad Arts Commision Chapter 2.1810 CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.905 3/24/2015 CLERK ADOPTION OF AN ORDINANCE AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE MODIFYING THE CARLSBAD ARTS COMMISSION ORDINANCE, CHAPTER 2.18 DEPT.DIRECroR CITY ATTY. CITY MGR. 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 which was adopted on March 10, 2015, was erroneously brought back as an incorrect version. Ordinance No. CS-268 attached hereto is the correct version that was introduced and first read 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 of the 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. DEPARTMENT CONTACT: Shelley Collins 760-434-2808 shellev.collins(Scarlsbadca.gov FOR CITY CLERKS USE ONLY APPROVED CONTINUED TO DATE SPECIFIC • COUNCIL ACTION: DENIED • CONTINUED TO DATE UNKNOWN • WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • 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 ofthe Carlsbad Municipal Code is amended to read as follows: 2.18.020 Purpose. The purpose ofthe Carlsbad Arts Commission is to advise the city council on 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 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 ofthe arts element ofthe general plan. SECTION 3 Title 2, Chapter 2.18.110 ofthe 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 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, 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) Forthe 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 ofthe 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 forthe 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 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 Cartsbad 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. // // // // // // 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 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 Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 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 Carlsbad on the 24* 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: CELIA A. BR , City Attorney MATT HALL, Mayor ATTEST: RBARA ENGLES0N, City Clerk X- ^7 qj"^ ^ .'^