HomeMy WebLinkAbout2003-10-02; Arts Commission; MinutesMINUTES: October 2, 2003 »5:00 p.m.- Carlsbad Council Chambers
Chair Hill called the Meeting to order at 5:08 p.m.
Present: Commissioners Hill, Pynes, Francis, and Rutledge
Absent: Commissioners Shaw, Lignante
Minutes For Approval
On motion by Commissioner Pynes, the Minutes of August 7, 2003 were approved.
On motion by Commissioner Pynes, the Summary of Action of September 4, 2003 was approved.
New Business
Proposed amendment to Ordinance 1279 of the Carlsbad Municipal Code and the Arts Element
of the General Plan
Arts Manager Peter Gordon explained the request for the change to the Ordinance came about
during a City Council workshop. The Council requested additional flexibility and asked that
"works of art" be amended to "works of art and other tangible things."
Dennis Turner, Principal Planner, gave a report to the Commission explaining how amendments
to the General Plan proceed to the City Council. The proposed change in wording to Ordinance
1279 would also be made to the Arts Element of the General Plan so that both documents would
remain consistent. If the Arts Commission moved forward with the recommendation, the
amendment would then go to the Planning Commission for its review on November 19, 2003.
Commissioner Rutledge motioned, "The Arts Commission approves a recommendation to the
City Council to introduce an ordinance amending Chapter 2.18 of the Municipal Code and
approve General Plan amendment GPA-03-10, amending the Arts Element. In the case of both
Chapter 2.18 and the Arts Element, the proposed changes consist solely of amending instances of
use of the phrase 'works of art' to read 'works of art and other tangible things'."
Commissioner Pynes seconded the motion.
Chair Hill asked for comments and discussion.
Commissioner Pynes stated she did not understand the intent of the City Council and disagreed
with including the additional wording in the Ordinance. She was concerned about diluting or
losing the funds for public art.
Commissioner Francis stated she wanted to know what the Council's definition of "other
tangible things" was.
Mr. Gordon replied that he did not know the City Council's intent for making the change but felt
it was to gain more flexibility in what public art funds could be used for, including functional
types of art such as landscape elements (a rose garden) or events and educational activities such
as art festivals.
Commissioner Rutledge stated he was also concerned about City Council taking away public art
funds. The Ordinance amendment was not clear - it was ambiguous.
Mr. Gordon replied that he felt the change to the Ordinance would not strongly impact the
current public art process because the "Definition of Public Art" in the Public Art Master Plan
approved by the Arts Commission in 1996 already provided options for including functional
types of public art.
Commissioner Rutledge recommended including that "Definition of Public Art" to the
amendment for the Arts Element.
Chair Hill stated he thought Council felt uncomfortable with the definition of public art as
written in the Ordinance and this amendment was an attempt to clarify it and expand the role of
public art.
Commissioner Pynes stated she didn't feel the definition of public art should be in the
Ordinance. She further stated she thinks the word "other" opened up an avenue for things other
than art.
Commissioner Rutledge amended his motion to include the Definition of Public Art as defined
by the 1996 Public Art Master Plan as a new section of Ordinance 1279 entitled, "Definitions."
Commissioner Francis reiterated she was still concerned by "other tangible things."
Chair Hill stated that he believed the term "works of art" in the current Ordinance did not give
the City Council the flexibility it seemed to be looking for.
Commissioner Rutledge withdrew his amended motion.
Chair Hill requested a vote on Commissioner Rutledge's original motion.
AYES-0 NOES-3
The motion did not carry.
Commissioner Rutledge motioned that staff draft a memo (and bring it back to the Arts
Commission for review before sending) to the City Manager and City Council suggesting that
because the Arts Commissioners were unclear as to the City Council's intent regarding the
recommended changes and because the Arts Commission was concerned that "and other tangible
things" could include items totally unrelated to the arts,
• the Arts Commission could not approve the recommended ordinance and amendment
changes at this time, and
• the Arts Commission would ask City Council to review the "Definition of Public Art" (as
written in the Public Art Master Plan approved by the Arts Commission in 1996) in the
belief that after such review, the addition of "and other tangible things" to the current
ordinance and General Plan amendment might not be needed after all.
AYES -3 NOES - 0
Gallery/Sculpture Garden Art Exhibition Report
Gallery Coordinator Karen McGuire provided the Arts Commission with an update on the
traveling African-American Quilt Exhibit that originated in the Cannon Art Gallery. She also
reported on upcoming Gallery exhibitions and informed the Commission that the current Robert
Doisneau exhibition has been very well received and Gallery attendance has increased
significantly with this show.
Committee Reports
Chair's Report
Chair Hill stated he was recently a moderator for a Cal State San Marcos Arts Panel. The panel
was concerned with many issues. During this panel, he heard an interesting presentation from
Peder Norby who is involved with the Encinitas Downtown Business Association. Chair Hill said
he thought it would be beneficial to have Mr. Norby give his presentation to the Arts
Commission at a future meeting.
Manager's Report
Peter Gordon encouraged those Arts Commissioners who had not had a chance to view the
Doisneau exhibit to do so. He reminded the Commission of the October 24 volunteer recognition
event. Community Arts Grants program is underway. The peer review panel, which includes
Chair Hill, Commissioners Pynes and Francis from the Arts Commission, will meet the third
week of November. Grant materials will be mailed to the panel the first week of November. The
City recently received a $1,000 donation for Family Open Studios from Target Stores. The
Director's Chair Independent Film Series begins this month. The Arts Associates are currently
recruiting new board members. There are five open positions. Mr. Gordon also asked for two
Commissioners to volunteer to assist with developing the agenda for the Arts Commission
Workshop. Commissioners Francis and Pynes volunteered.
Arts Education Report
Commissioner Pynes stated that the first Arts Education Advisory Committee meeting would
take place October 9. At that time, Arts Education grant material will be dispersed. Aviara Oaks
School raised $85,000 during a recent fundraiser for the music and arts education program. The
Carlsbad Unified School District Board of Trustees should still be lobbied to re-fund arts
education programming. Commissioner Pynes also thanked the Arts Office for the many printed
materials it produces for the public.
The meeting adjourned at 6:54 p.m.
Report to the Arts Commission
Peter Gordon 9/24/03
Re: Minor changes proposed for the Arts Element of the General Plan and for the
companion Ordinance of the City Council of the City of Carlsbad, Title 2, Chapter
2.18 of the Carlsbad Municipal Code
I. RECOMMENDED ACTION
That the Arts Commission approves a recommendation to the City Council to introduce
an ordinance amending Chapter 2.18 of the Municipal Code and approve General Plan
amendment GPA-03-10, amending the Arts Element.
In the case of both Chapter 2.18 and the Arts Element, the proposed changes consist
solely of amending instances of use of the phrase "works of art" to read "works of art and
other tangible things".
II. INTRODUCTION
Title 2, Chapter 2.18 of the Carlsbad Municipal Code creates and describes the
organization, duties, and scope of operations of the Carlsbad Arts Commission. Of
particular note, Section 2.18.130 establishes the requirement for the budgets and
appropriations for all city construction projects to include at least 1 percent for works of
art. It further establishes that the City Council may itself make appropriations for these
funds for works of art or may provide appropriations to the Carlsbad Arts Commission
for works of art.
Definition of Public Art
The Carlsbad Cultural Arts Office's Public Art Master Plan, which was approved by the
Arts Commission in December 1996, among other things, defines public art to include:
1. Sculpture;
2. Murals or portable paintings;
3. Earthworks, fiberworks, neon, glass, mosaics, photographs, prints, calligraphy,
any combination of forms of media including sound film, holographic and video
systems, hybrids of any media and new genres;
4. Standardized fixtures such as gates and streetlights, to be contracted to artists for
unique or limited editions;
5. Architectural elements designed and executed by visual artists in collaboration
with an architect, landscape architect or engineer, which may be incorporated into,
upon, or adjacent to publicly funded structures; and
6. Design elements incorporated into a capital improvement project
hi addition the following items are identified as "ineligible" for inclusion in the City's
definition of public art:
1. Directional elements such as supergraphics, signage, or color coding;
2. Objects mass-produced as a standard design such as playground equipment,
fountains or statuary objects;
3. Reproductions of original art;
4. Decorative, ornamental, or functional elements, which are designed by the
building architect as opposed to an artist commissioned for this purpose;
5. Landscape architecture and landscape gardening, except where these elements are
designed by an artist and are an integral part of the work of art by an artist;
6. Services or utilities necessary to operate or maintain artwork over time;
7. Existing works of art, which are offered for sale or donation to the city which do
not have an established and recognized significance;
8. Works of art which are not publicly accessible or visible; and
9. Works of art that cannot reasonably be maintained within the resources allocated
by the citizens of Carlsbad.
Council Workshop
On July 16, 2003, the City Council held a workshop at which Council members discussed
the desirability for some additional flexibility with regard to the one percent appropriation
set-aside so that things outside the definition of public art could be funded. In particular,
members discussed the possibility including landscape gardening, such as a rose garden.
At the conclusion of the workshop, the Council indicated it would like to begin the
process of amending the Arts Element of the General Plan and the associated ordinance
implementing it, particularly under Municipal Code Section 2.18.130 "Appropriations for
Arts" to expand the concept that appropriations may be made for works of art "and other
tangible things".
III. ANALYSIS
The intent of the proposed changes is to give the city some additional flexibility in the
one percent appropriation set-aside for inclusion of art in public projects so that "other
tangible things" may also be funded.
IV. BACKGROUND
In addition to the seven elements mandated by state law, the City of Carlsbad General
Plan includes two optional elements. One is the Parks and Recreation Element and the
other is the Arts Element. The Arts Element was totally revised and adopted as part of
the comprehensive update to the General Plan in 1994. It has not been amended since.
The Arts Element was developed to provide policies and programs with regard to the land
use issues associated with the siting, construction, maintenance, presentation, and use of
both works of art and the physical facilities that may house/display such works or
otherwise support the activities of the various programs of the Arts Office. The main text
consists of two pages.
In e xpanding t he s cope o f t he t erm " works o f a rt" w ith r egard t o appropriations, staff
believes that certain other portions of the text of the Arts Element would also need similar
revisions to remain consistent. These changes include one "objective" and three
"implementing policies and action programs". In each case the change involves simply
expanding the term "works of art" to "works of art and other tangible things" as follows
(boldface indicates added language):
Objective B.2 would be amended to read:
"B.2. To provide works of art and other tangible things in public places."
The following "Implementing Policies and Action Programs" would be amended to read:
"C.4 Provide, when possible, for the siting, selection, installation and maintenance of
works of art and other tangible things within or upon public facilities and land."
"C.5 Encourage private businesses to install permanent and temporary works of art and
other tangible things in their public places."
"C.6 Promote cooperative arrangements with other public or private agencies which
facilitate the temporary or permanent display of works of art and other tangible things
for display within or upon public or private facilities and land."
V. ADMINISTRATIVE CONSISTENCY
Consistency With Other Elements Of The General Plan
Staff has considered whether these minor changes to the Arts Element would necessitate
changes to any other part of the General Plan in order to retain internal consistency. Our
conclusion is that no other changes would be required.
Consistency with Title 21. Zoning Code
Similarly, staff has reviewed the Zoning Code (Title 21 of the Carlsbad Municipal Code)
and concluded that no changes to the code would be needed to keep the code consistent
with the proposed changes to the Arts Element.
Consistency With Other Parts Of The Municipal Code
As was cited earlier, several sections of Title 2, Chapter 2.18 (Arts Commission) should
be amended to reflect the direction of the City Council and the changes to the Arts
Element. These changes are reflected in the companion ordinance.
Consistency with Local Coastal Program
No amendment to the Local Coastal Program is required.
The City's Local Coastal Program does not speak to the subjects of public art, the Arts
Commission, or any of the Commission's program.
Chapter 2.18 of the Municipal Code is not part of the City's ordinances that implement
the Local Coastal Program, and is, therefore outside the LCP.
VI. ENVIRONMENTAL REVIEW
If the project is approved, The Planning Director will then issue a Notice of Exemption.
The b asis for this notice i s t hat the m inor p olicy and statute changes will result in no
direct physical modification to land and only indirect, minor, potential modifications to
land in keeping with the provisions of the following categorical exemptions provided
under the California CEQA Guidelines: 1) New Construction or Conversion of Small
Structures (Section 15303), and 2) Minor Alterations to Land (Section 15304)
Attachments
Arts Element, with proposed changes in boldface
Chapter 2.18 of the Municipal Code, with proposed changes in boldface
Peter Gordon - Arts Element Draft 96.doc Page 1
I. INTRODUCTION
A. BACKGROUND AND INTENT
The Arts Element of the General Plan
recognizes that an aesthetic environment is an
essential characteristic of a community which
values its quality of life and wishes to be seen
by its citizens, neighbors and visitors as an
attractive and desirable place, addressing the
needs of the human spirit. Factors, which are
important to the achievement of an aesthetic
environment for the City of Carlsbad, include the
ready availability within the City of visual and
performing arts and an esteem for aesthetics in
all of the City's land forms, landscaping and
architecture.
B. STATE LAW
While the Arts Element is not one of the seven
mandated elements, Section 65303 of the
California Government Code (Planning and
Zoning Law) indicates that the General Plan
may include any other elements, which the
community feels relate to the physical
development of the City.
C. RELATIONSHIP TO OTHER
ELEMENTS
By recognizing the importance of encouraging
an artistic environment, the Arts Element
supports one of the overriding goals of the Land
Use Element which is to have a balanced
community where a full range of physical, social
and economic opportunities exist for the
residents of the community. The Arts Element
also correlates with the Historic Preservation
Element, which recognizes the aesthetic value
of historic buildings, and the Scenic Roadways
Element which promotes visual quality along
certain designated, highly-traveled roads.
Finally, the Arts Element relates to the Parks
and Recreation Element in that all new parks
include a public art component and address
community needs for arts programming.
II. GOALS, OBJECTIVES
AND IMPLEMENTING
POLICIES AND ACTION
PROGRAMS
A. GOAL
A city strongly reflecting the arts in its total
environment with land and facilities permanently
dedicated to performing and visual arts,
together with an abundant range of on-going
and special arts programs involving as many
regular and visiting members of the community
as possible, as active participants, audiences,
and patrons.
B. OBJECTIVES
B.1 To provide one or more permanent
facilities for exhibition, performance,
rehearsal, discussion, or teaching of visual
and performing arts and cultural
endeavors.
B.2 To provide works of art and other
tangible things in public places.
B.3 To have a city of residents and visitors
practicing, participating in, attending, and
observing artistic and cultural activities.
B.4 To develop, modify, and improve, with a
consideration for aesthetic issues (in
addition to engineering, safety, cost, and
other issues), city landforms, landscaping
and architecture.
C. IMPLEMENTING POLICIES AND ACTION
Page 1
Peter Gordon - Arts Element Draft 96.doc Page 2
PROGRAMS
C.1 Designate a site (or sites) for the eventual
development of a permanent facility (or
facilities) for exhibition, performance,
rehearsal, discussion or teaching of visual
and performing arts and cultural
endeavors.
C.2 Proceed to build or cooperate with private
foundations, improvement districts, other
governmental agencies or citizen groups
to build a permanent facility or facilities for
the creation, exhibition, discussion or
teaching of visual and performing arts and
cultural endeavors.
C.3 Provide, whenever possible, interim
spaces within other facilities to offer arts
programming.
C.4 Provide, when possible, for the siting,
selection, installation and maintenance of
works of art and other tangible things
within or upon public facilities and land.
C.5 Encourage private businesses to install
permanent and temporary works of art
and other tangible things in their public
places.
C.6 Promote cooperative arrangements with
other public or private agencies which
facilitate the temporary or permanent
display of works of art and other tangible
things for display within or upon public or
private facilities and land.
C.7 Encourage individuals and organizations
that provide experiences in the arts for
citizens.
C.8 Provide direction and support for
continued development and presentation
of a variety of arts in the City.
C.9 Generate a wide range of programs that
develop the skills of the participants at all
levels of creative expression.
C.10 Encourage residents to take advantage of
the arts programming offered by agencies
and institutions in the community.
C.11 Provide financial assistance whenever
feasible to groups or individuals who
provide public arts programming to the
residents.
C.12 Promote school and community
cooperation in the programming of artistic
and cultural events and opportunities.
C.13 Encourage cooperation and
communication in areas of mutual benefit
and corresponding programs between the
City and local, regional, state, and federal
government agencies.
C.14 Consider aesthetics in reviewing the
design of public and private development
proposals.
C.15 Actively seek and give preference to firms
experienced in integrating aesthetics with
functional design, who will include an artist
on the design team, when contracting for
professional services to assist with the
planning and construction of public works.
Page 2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.18
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF SECTIONS 2.18.100, 2.18.130, AND 2.18.140 TO AMEND
THE SCOPE OF THE TERM "WORKS OF ART" TO BE "WORKS
OF ART AND OTHER TANGIBLE THINGS".
CASE NAME: CHAPTER 2.18 - ARTS COMMISSION
CASE NO.: MCA 03-02
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: that Title 2, Chapter 2.18 (Carlsbad Arts Commission) of the
Carlsbad Municipal Code is amended by the amendment of Section 2.18.100 to read as follows:
"2.18.100 Powers generally. The Carlsbad Arts Commission shall have the
power to:
(1) Encourage individuals and organizations that provide an educational experience
in the arts for the citizens;(2) Provide direction and support for continued development
and presentation of a variety of arts in the city;
(2) Provide direction and support for continued development and presentation of a
variety of arts in the City.
(3) Generate a wide range of programs that develop the skills of the participants at
all levels of creative expression;
(4) Provide through an advisory arts commission a forum for arts concerns and
recommendations to the elected officials and their staff concerning arts issues;
(5) Develop the concept of contracting for cultural services with local arts
organizations and individual artists;
(6) Encourage citizens to take advantage of the arts programming offered by
agencies and institutions in the community;
(7) Provide financial assistance whenever feasible to groups or individuals who
Peter Gordon - Ordinance(new).doc Page 2
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provide public arts programming to the citizens;
(8) Help promote school and community cooperation in the programming of artistic
and cultural events and opportunities;
(9) Recognize and assist those who have specialized knowledge and skills in the
arts;
(10) Develop cooperative arrangements between the city and other agencies, local,
state and federal, to provide needed arts facilities for the city;
(11) Encourage the planning and development of new or augmented arts facilities
as may be needed;
(12) Provide for the selection, installation and maintenance of works of art and
other tangible things within public facilities;
(13) Encourage private businesses to display works of art in their public places;
(14) Seek private funding in all areas of the arts;
(15) Promote cooperative arrangements between the city and other agencies,
local, state and federal, to provide works of fine art for display in public places;
(16) Facilitate the utilization of free public exhibition spaces;
(17) Review and make recommendations upon all works of art and other tangible
things to be acquired by the city, either by purchase, gift or otherwise, and their
proposed locations;
(18) and make recommendations with reference to any existing works of art and
other tangible things in the possession of the city in connection with the removal,
relocation or alteration thereof;
(19) Determine a method or methods of recommending the selection and
commissioning of artists with respect to the design, execution and placement of works of
arts 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;
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Peter Gordon - Ordinance(new).doc PageS
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(20) Prior to payment for works of art and other tangible things, review such
works or tangible things to report on the conformity of the finished work or tangible
thing with the approved plans or other documents describing the work of art or tangible
thing to be carried out."
SECTION 2: that Title 2, Chapter 2.18 (Carlsbad Arts Commission) of the Carlsbad
Municipal Code is amended by the amendment of Section 2.18.130 to read as follows:
"SECTION 2.18.130: Appropriations for arts
(a) In addition to any budget fund, all city department heads shall include in all
estimates of necessary expenditures and all requests for authorizations or appropriations
for construction projects, an amount for works of art or other tangible things 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 and other tangible
things in connection with construction projects as provided in this chapter and may also
provide for the appropriation of funds to the Carlsbad Arts Commission fund for works of
art."
SECTION 3: that Title 2, Chapter 2.18 (Carlsbad Arts Commission) of the Carlsbad
Municipal Code is amended by the amendment of Section 2.18.140 to read as follows:
"SECTION 2.18.140 Selection and placement of works of art and other tangible
things
The selection of artists and the commissioning and placement of works of art and
other tangible things shall be authorized by the City Council after a report of the
Carlsbad Arts Commission."
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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