HomeMy WebLinkAbout2023-02-14; City Council; ; Adoption of Ordinance No. CS-446 - Amending Carlsbad Municipal Code Chapter 2.18, Carlsbad Arts CommissionCA Review CKM
Meeting Date: Feb. 14, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-446 - Amending Carlsbad Municipal Code
Chapter 2.18, Carlsbad Arts Commission
District: All
Recommended Action
Adopt Ordinance No. CS-446 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
This ordinance will make amendments to the Carlsbad Municipal Code Chapter that applies to
the city’s Arts Commission, Chapter 2.18, so that it is consistent with the provisions of the
chapters that cover meetings and the city’s other commissions, Chapters 1.20 and 2.15.
Explanation & Analysis
The municipal code chapters on meetings and boards and commissions were updated in 2018
to create a uniform set of rules and procedures for all boards and commissions wherever
possible. This update 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.
The 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 public meetings, even where not required by the Brown Act.
This ordinance will amend Municipal Code Chapter 2.18 to remove this inconsistency and make
other changes to better align it with Chapters 1.20 and 2.15.
Ordinance No. CS-446 was introduced and first read at the City Council meeting held on Feb. 7,
2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City
Council voted 4-0, to introduce Ordinance No. CS-446. This second reading allows the City
Council to adopt the ordinance, which will become effective 30 days after its adoption.
Fiscal Analysis
There is no direct fiscal impact associated with approving these ordinance changes.
Feb. 14, 2023 Item #5 Page 1 of 6
Next Steps
The City Clerk Services Manager will have the ordinance, or a summary of the ordinance,
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.Ordinance No. CS-446
Feb. 14, 2023 Item #5 Page 2 of 6
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:
Created. Purpose.
Membership.
Staff liaison.
Chapter 2.18
CARLSBAD ARTS COMMISSION
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
Powers and duties generally.
Appropriations for arts.
Selection and placement of works of art.
No delegation of legislative authority.
2.18.010 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. 14, 2023 Item #5 Page 3 of 6
2.18.030 Membership. The Carlsbad Arts Commission shall consist of seven members on staggered terms appointed pursuant to Section 2.15.0S0(B).
2.18.100 Powers and duties generally.
The Carlsbad Arts Commission shall:
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.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.
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 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. 14, 2023 Item #5 Page 4 of 6
D.For the purposes of the Art in Public Places Program, "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 2.18.11 0(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 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 Fund
or the General Fund. The funds for art allocations may be used for projects located at the direct site of the
capital improvement program 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 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 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 preceding 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.
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 da ys 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. 14, 2023 Item #5 Page 5 of 6
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 14th day of February, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
U!1tdte � /-1/u--W?rr--c1NDIE K. McMAHON, City Attorney
KEITH
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 14, 2023 Item #5 Page 6 of 6
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