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HomeMy WebLinkAbout2023-02-14; City Council; 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 CHAPTE...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 2.1 8.100 2.18.110 2.18.120 2.18.130 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. 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. 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. 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 th is 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. 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-- c 1NDIE K. McMAHON, City Attorney KEITH SHERRY FREISINGER, City Clerk (SEAL)