HomeMy WebLinkAbout2022-09-01; Arts Commission; ; 2022 Arts Commission Ordinance RevisionMeeting Date: Sept. 1, 2022
To: Arts Commission
From: Richard Schultz, Cultural Arts Manager
Staff Contact: Richard Schultz, richard.schultz@carlsbadca.gov
Subject: 2022 Arts Commission Ordinance Revision
District: All
Recommended Action Approve the staff recommendation to revise the Arts Commission ordinance, removing the requirement for adherence to the Brown Act for advisory or ad hoc committees.
Executive Summary Staff recommends that the Arts Commission amends its ordinance within the Carlsbad Municipal Code (Chapter 2.18.100) to delete the reference to the Brown Act regarding advisory or ad hoc committees. Below is the suggested deletion:
E. 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 beestablished from time to time. No more than three commissioners may serve on the sameadvisory or ad hoc committee at one time. All ad hoc committees of the arts commission shallbe open to the public and subject to "The Brown Act," pursuant to Section 2.08.110 of thiscode.Unlike other boards and commissions such as the Library Board of Trustees and the Historic Preservation Commission, the Arts Commission alone carries this requirement. In addition, it creates a complication when one to three Arts Commissions serve on an ad-hoc committee to focus on initiatives in the Arts Commission’s workplan, to advance the Arts & Culture Master Plan or serve on a temporary art advisory committee. The existing requirement also generates a significant workload for staff in moving projects forward in a timely and efficient manner.
Next Steps With approval by the Arts Commission, Cultural Arts staff will work with the City Attorney’s office to prepare an agenda item requesting approval on the ordinance change at a future City Council meeting.
Fiscal Analysis
No fiscal impact.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Chapter 2.18 Carlsbad Arts Commission, Carlsbad Municipal Code
ARTS COMMISSION
Staff Report
Sections: 2.18.010 2.18.020 2.18.030 2.18.040 2.18.050 2.18.060 2.18.070 2.18.080 2.18.090 2.18.100 2.18.110 2.18.120 2.18.130
Chapter 2.18
CARLSBAD ARTS COMMISSION
Created. Purpose. Membership-Terms-Vacancies. Compensation. Chair. Meetings. Staff liaison. Duties. Rules. Powers generally. Appropriations for arts. Selection and placement of works of art. Powers delegated to commission to be advisory.
2.18.010 Created.
A Carlsbad Arts Commission for the city is created. (Ord. CS-124 § 2, 2011)
2.18.020 Purpose.
2.18.010
The purpose of the Carlsbad Arts Commission is to advise the city council on arts and culture related mat-
ters and implementation of the arts element of the Carlsbad General Plan. (Ord. CS-268 § 1, 2015; Ord. CS-
124 § 3, 2011)
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 eligi-
ble for two successive terms in addition to the unexpired term. Members shall be residents of the City of
Carlsbad. (Ord. CS-124 § 4, 2011)
2.18.040 Compensation.
The Carlsbad Arts Commission shall act without compensation. (Ord. CS-124 § 5, 2011)
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. (Ord. CS-124 § 6, 2011)
2.18.060 Meetings.
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 pur-
pose of transacting the business of the commission. (Ord. CS-124 § 7, 2011)
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2.18.070
2.18.070 Staff liaison.
The city manager shall appoint an employee of the city to act as staff liaison to the commission. (Ord. CS-
124 § 8, 2011)
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
of the arts element of the general plan. (Ord. CS-268 § 2, 2015; Ord. CS-124 § 9, 2011)
2.18.090 Rules.
The commission may adopt its own rules and regulations. (Ord. CS-124 § 10, 2011)
2.18.100 Powers generally.
The Carlsbad Arts Commission shall have the power to:
A. Encourage and advocate for the arts.
B. Provide assistance and guidance to the cultural arts office regarding arts programming, public art and
arts-related educational programming.
C. Recommend to city council policies related to arts programming, public art and arts-related educational
programming.
D. Provide a forum for citizen concerns regarding art issues.
E. 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.
F. Provide financial assistance whenever feasible to groups or individuals who provide public arts pro-
gramming to the citizens.
G. Recommend to city council the planning and development of new or augmented arts facilities as may
be needed.
H. Recommend to city council all works of art to be acquired by the city, either by purchase, gift or other-
wise, and their proposed locations.
I. Recommend to city council regarding the conservation, restoration, relocation or disposition of works of
art in the city's possession.
J. Determine a method or methods of recommending the selection and commissioning of artists with re-
spect 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. (Ord. CS-124 § 11, 2011)
2.18.110 Appropriations for arts.
A. All city departments shall include in all estimates of necessary expenditures and all requests for au-
thorizations 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.
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2.18.120
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 of the following:
1. Construction, reconstruction, or renovation in excess of $500,000.00, 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 o_ther 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 im-
provements from general fund revenues on a case by case basis.
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. For the 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 Section 2.18.11 0(C)(1 )) for its intended purposes.
2. Resurfacing of streets and highways.
3. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement ofplants, 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 Carlsbad will verify the one percent forpublic art allocation for all eligible GIP projects has been included in the budgeted amounts for citycounqil 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 constructionfund or the general fund. The funds for art allocations may be used for projects located at the direct siteof the GIP project, or pooled for other future public art projects identified by the cultural arts managerand Carlsbad Arts Commission. The park in lieu fee funded percent for art allocations must be used forartwork 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 of the city's art in public places collection; specifically, for the purposes of acquir-
ing, 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. (Ord. CS-268 § 3, 2015; Ord. CS-124 § 12, 2011)
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
Carlsbad Arts Commission and city council.
B. The arts commission shall further have the power to promulgate and adopt rules and regulations per-
taining to the art in public places program. (Ord. CS-268 § 4, 2015; Ord. CS-124 § 13, 2011)
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2.18.130
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 delega-
tion 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 Carls-
bad 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. (Ord. CS-124 § 14,
2011)
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12/16/2022
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CARLSBAD MUNICIPAL CODE 2.18.100
ITEM 3: ORDINANCE REVISION
E.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.
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