HomeMy WebLinkAbout2023-02-07; City Council; ; Ordinance Amending Carlsbad Municipal Code Chapter 2.18, Carlsbad Arts CommissionCA Review ___AF___
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Feb. 7, 2023
Mayor and City Council
Scott Chadwick, City Manager
Allegra Frost, Assistant City Attorney
allegra.frost@carlsbadca.gov, 442-339-2945
Suzanne Smithson, Library & Cultural Arts Director
suzanne.smithson@carlsbadca.gov, 442-339-2011
Richard Schultz, Cultural Arts Manager
richard.schultz@carlsbadca.gov, 442-339-2086
Ordinance Amending Carlsbad Municipal Code Chapter 2.18, Carlsbad
Arts Commission
All
Recommended Action
Introduce an ordinance amending Carlsbad Municipal Code Chapter 2.18 - Carlsbad Arts
Commission, to provide consistency with CMC Chapter 1.20 - Meetings, and Chapter 2.15 -
Boards and Commissions.
Executive Summary
The City Council established consistent rules and procedures for meetings of the City Council as
well as all city boards and commissions in 2018 by adopting Ordinance CS-329, amending
Carlsbad Municipal Code Chapter 1.20 - Meetings, and Ordinance CS-337, amending CMC
Chapter 2.15 - Boards and Commissions.
Staff are recommending amendments to CMC Chapter 2.18 - Carlsbad Arts Commission so that
the chapter is consistent with the provisions of CMC chapters 1.20 and 2.15. An ordinance
proposing to amend the Carlsbad Municipal Code requires City Council approval.
Explanation & Analysis
The 2018 amendments to Carlsbad Municipal Code Chapter 1.20 - Meetings and Chapter 2.15 -
Boards and Commissions were intended to create a uniform set of rules and procedures for all
boards and commissions wherever possible. The 2018 amendments included provisions
allowing the formation of ad hoc subcommittees and enabling them to meet without following
public meeting requirements, when allowed by the Brown Act, California’s open meetings law.
Current provisions within CMC Chapter 2.18 - Carlsbad Arts Commission are inconsistent with
these provisions and continue to require ad hoc subcommittees of the Arts Commission to hold
Feb. 7, 2023 Item #6 Page 1 of 10
public meetings, even where not required by the Brown Act. Staff are proposing amendments
to CMC Chapter 2.18 to remove this inconsistency and make other non-substantive changes to
better align with chapters 1.20 and 2.15. A proposed ordinance that would make the code
chapters consistent is provided as Exhibit 1. A version showing the proposed changes is
attached as Exhibit 2.
The Arts Commission voted to recommend approval of this municipal code amendment to the
City Council at its Sept. 1, 2022, meeting.
Fiscal Analysis
There is no direct fiscal impact associated with approving these ordinance changes.
Next Steps
The City Clerk Services Manager will have the municipal code update, or a summary of the
update, published in a newspaper of general circulation within 15 days following adoption of
the ordinance.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council ordinance
2. Carlsbad Municipal Code Chapter 2.18 – with proposed revisions shown
Feb. 7, 2023 Item #6 Page 2 of 10
ORDINANCE NO. CS-446
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.18 -
CARLSBAD ARTS COMMISSION TO BE CONSISTENT WITH CHAPTER 1.20 -
MEETINGS AND CHAPTER 2.15 -BOARDS AND COMMISSIONS
WHEREAS, in 1985 the City Council adopted Ordinance 1279 amending the Carlsbad Municipal
Code by adding Chapter 2.18 creating the Carlsbad Arts Commission; and
WHEREAS, in 2018 the City Council adopted Ordinance CS-329 amending Carlsbad Municipal
Code Chapter 1.20 -Meetings in order to establish consistent rules and procedures for meetings of the
City Council as well as city boards and commissions; and
WHEREAS, in 2018 the City Council adopted Ordinance CS-337 amending the Carlsbad
Municipal Code by adding Chapter 2.15 -Boards and Commissions in order to create a uniform set of
rules and procedures applicable to all city boards and commissions; and
WHEREAS, amendments to Chapter 2.18 are necessary to resolve inconsistencies with the
provisions of Carlsbad Municipal Code Chapters 1.20 and 2.15.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.That Chapter 2.18 is amended to read as follows:
Sections:
2.18.010
2.18.020
2.18.030
2.18.070 2.18.100
2.18.110
2.18.120
2.18.130
2.18.010
Created.
Purpose.
Membership.
Staff liaison.
Chapter 2.18
CARLSBAD ARTS COMMISSION
Powers and duties generally.
Appropriations for arts.
Selection and placement of works of art.
No delegation of legislative authority.
Created. The Carlsbad Arts Commission is created as an advisory body to the City Council.
2.18.020 Purpose. The purpose of the Carlsbad Arts Commission is to advise the City Council on arts and culture related matters and implementation of the arts element of the Carlsbad General Plan.
Exhibit 1
Feb. 7, 2023 Item #6 Page 3 of 10
2.18.030 Membership.
The Carlsbad Arts Commission shall consist of seven members on staggered terms appointed pursuant to Section
2.15.050(8).
2.18.100 Powers and duties generally.
The Carlsbad Arts Commission shall:
A Encourage and advocate for the arts.
8.Provide assistance and guidance to the Cultural Arts Office regarding arts programming, public art and artsrelated educational programming.
C.Make recommendations to the City Council regarding policies related to arts programming, public art and
arts-related educational programming.
D.Provide a forum for citizen concerns regarding art issues.
E.Provide financial assistance whenever feasible to groups or individuals who provide public arts programming
to the citizens.
F.Make recommendations to the City Council for the planning and development of new or augmented arts
facilities as may be needed.
G.Make recommendations to the City Council regarding all works of art to be acquired by the city, either by
purchase, gift or otherwise, and their proposed locations.
H.Make recommendations to the City Council regarding the conservation, restoration, relocation or disposition
of works of art in the city's possession.
I.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.
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.
8.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, streetsand 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, such
as sources restricted to "transportation purposes" or "direct construction costs" may prohibit formula
based expenditures for art. Thus, 1 % for art will not be collected from those sources. However, the City
Council may provide funding for public art for street or streetscape improvements from general fund
revenues on a case-by-case basis.
3.In the case of a publicly owned utility system, "construction project" shall include only the construction,
erection, and improvement, of dams, reservoirs and power plants.
Feb. 7, 2023 Item #6 Page 4 of 10
D.For the purposes of the Art in Public Places Program, "construction project" does not mean any of thefollowing maintenance work:
1.Routine, recurring, and usual work for the preservation or protection of any publicly owned or publiclyoperated 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 branch of the City of Carlsbad will verify the 1 % for public art allocation
for all eligible capital improvement program 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 City Council may appropriate 1 % for art funding from the General Capital Construction Fundor the General Fund. The funds for art allocations may be used for projects located at the direct site of thecapital improvement program project, or pooled for other future public art projects identified by the CulturalArts Manager and Carlsbad Arts Commission. The park in lieu fee funded 1 % for art allocations must beused 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 usedfor the benefit of the city's Art in Public Places collection; specifically, for the purposes of acquiring, restoringand refurbishing public art. Notwithstanding the preceding sentence, the City Council shall have thediscretion to appropriate any funds realized from the disposition of objects in the city's Art in Public Placescollection for other purposes.
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 the City Council.
B.The Carlsbad Arts Commission shall have the power to promulgate and adopt rules and regulations
pertaining to the Art in Public Places Program.
2.18.130 No delegation of legislative authority.
Nothing in this chapter shall be construed as restricting any of the powers of the City Council, or as a delegation to 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 establishment of a Carlsbad Arts Commission to act in a purely advisory capacity to the City Council for the purposes enumerated in this chapter. Any power herein delegated to the Carlsbad Arts Commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of administrative authority.
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 Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
Feb. 7, 2023 Item #6 Page 5 of 10
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 7th day
of February, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 7, 2023 Item #6 Page 6 of 10
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 and duties 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 advisoryNo delegation of legislative
authority.
2.18.010 Created.
A The Carlsbad Arts Commission for the city is created as an advisory body to the City Council.
2.18.020 Purpose.
The purpose of the Carlsbad Arts Commission is to advise the city councilCity Council on arts and culture
related matters and 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 to beon staggered terms 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. pursuant to sSection 2.15.050(B).
2.18.040 Compensation.
The Carlsbad Arts Commission shall act without compensation.
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.
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
purpose of transacting the business of the commission.
2.18.070 Staff liaison.
The city manager shall appoint an employee of the city to act as staff liaison to the commission.
Exhibit 2
Feb. 7, 2023 Item #6 Page 7 of 10
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 councilCity Council on arts and culture related matters and advise it on the
implementation of the arts element of the Carlsbad gGeneral Pplan.
2.18.090 Rules.
The commission may adopt its own rules and regulations.
2.18.100 Powers and duties generally.
The Carlsbad Arts Commission shall have the power to:
A. Encourage and advocate for the arts.
B. Provide assistance and guidance to the Ccultural Aarts oOffice regarding arts programming, public
art and arts-related educational programming.
C. Make Rrecommendations to the city councilCity Council regarding 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 ad hoc 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.
FE. Provide financial assistance whenever feasible to groups or individuals who provide public arts
programming to the citizens.
GF. Make Rrecommendations to the city councilCity Council for the planning and development of new or
augmented arts facilities as may be needed.
HG. Make Rrecommendations to the city councilCity Council regarding all works of art to be acquired by
the city, either by purchase, gift or otherwise, and their proposed locations.
IH. Make Rrecommendations to the city councilCity Council regarding the conservation, restoration,
relocation or disposition of works of art in the city’s possession.
JI. 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 councilCity Council selection
of artists by contract for such purposes.
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 councilCity 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:
Feb. 7, 2023 Item #6 Page 8 of 10
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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 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.,such as sources restricted to “transportation purposes” or “direct construction
costs”) may prohibit formula-based expenditures for art. Thus, one percent1% for art will not be
collected from those sources. However, the city councilCity Council may provide funding for
public art for street or streetscape improvements from general fund revenues on a case case-
by by-case basis.
3. In the case of a publicly owned utility system, capital improvement”construction projects” shall
include only the construction, erection, and improvement, of dams, reservoirs and power plants.
D. For the purposes of the Aart in Ppublic Pplaces Pprogram, capital improvement”construction 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 2.18.110(C)(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 departmentCity of Carlsbad Finance Department Administrative
Services branch of the City of Carlsbadof the City of Carlsbad will verify the one percent1% for public
art allocation for all eligible CIP capital improvement program projects has been included in the
budgeted amounts for city councilCity Council approval. As an alternative, where funding for eligible
projects is restricted and cannot be used for public art, the city councilCity Council may appropriate
one percent1% for art funding from the Ggeneral Ccapital Cconstruction Ffund or the Ggeneral Ffund.
The funds for art allocations may be used for projects located at the direct site of the CIP capital
improvement program project, or pooled for other future public art projects identified by the Ccultural
Aarts Mmanager and Carlsbad Arts Commission. The park in lieu fee funded percent 1% 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 aArt in pPublic pPlaces collection shall
be used for the benefit of the city’s aArt in pPublic pPlaces collection; specifically, for the purposes of
acquiring, restoring and refurbishing public art. Notwithstanding the foregoing preceding sentence,
the city councilCity Council shall have the discretion to appropriate any funds realized from the
disposition of objects in the city’s aArt in pPublic pPlaces collection for other purposes.
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 aArt in pPublic Pplaces Pprogram as developed and adopted
by the Carlsbad Arts Commission and city councilthe City Council.
B. The Carlsbad aArts cCommission shall further have the power to promulgate and adopt rules and
regulations pertaining to the Aart in Ppublic Pplaces Pprogram.
2.18.130 Powers delegated to commission to be advisoryNo delegation of legislative authority.
Nothing in this chapter shall be construed as restricting any of the powers of the city councilCity Council, or
as a delegation of to the Carlsbad Arts Commission of any of the authority or discretionary powers vested
and imposed by law in the city councilCity Council. The city councilCity Council declares that the public
Feb. 7, 2023 Item #6 Page 9 of 10
interest requires the appointment establishment of a Carlsbad Arts Commission to act in a purely advisory
capacity to the city councilCity Council for the purposes enumerated in this chapter. Any power herein
delegated to the Carlsbad Arts Ccommission to adopt rules and regulations shall not be construed as a
delegation of legislative authority but purely a delegation of administrative authority.
Feb. 7, 2023 Item #6 Page 10 of 10