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HomeMy WebLinkAboutStaff Report 4.B 7/1/2013 A -svtdciItww#4.3 W �8y8. DATE: July 1,2013 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Adoption (Second Reading) of an Ordinance.Amending Chapter 18 of the Implementing Zoning Ordinance (Public Art); and, Resolution Updating Enabling Legislation of theof the Petaluma Public Art Committee Pursuant to the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. and Repealing and Replacing Resolution No. 2005'Al N.C.S. RECOMMENDATION It is recommended that the City Council adopt (second reading) an Ordinance Amending Chapter 18 of the Implementing Zoning Ordinance (Public Art) and approve a Resolution modifying the Petaluma Public Art Committee's Enabling Legislation. BACKGROUND On June 17, 2013 the City Council unanimously adopted the Public Art Master Plan and introduced an ordinance.amending Chapter 18 of the Implementing Zoning Ordinance. No modifications to the ordinance were made at the meeting. At the same meeting the City Council was presented with a draft resolution modifying the Public Art Committee's Enabling Legislation. At that hearing staff recommended that the Council not take action on the resolution until the time of the second reading of the ordinance. DISCUSSION The Ordinance is before the City Council for second reading. No modifications have been made. The Resolution is before the City Council for adoption. Modifications to the resolution since the June 17th hearing include: • addition of subsection 11 making the effective date of the resolution correspond to the effective date of the ordinance; • addition of a severability clause as subsection 12;and • Update committee appointment reflect recent Council appointments to the Public Art Committee. Agenda Review City Attorney Finance Director City Manager ATTACHMENTS 1. Ordinance amending Chapter 18 of the IZO 2. Resolution modifying the Public Art Committee's Enabling Legislation EFFECTIVE DATE ORDINANCE NO. 2468 N.C.S. OF ORDINANCE 1 Introduced by Seconded by 2 3 4 5 6 7 8 ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING 9 CHAPTER 18 OF THE IMPLEMENTING ZONING ORDINANCE 10 11 12 WHEREAS, the Petaluma General Plan recognizes the important economic, educational 13 and social role that art plays in the life of Petaluma, including contribution to the community's 14 identity and livability; and, 15 16 WHEREAS, policy 6-P-27 of the Petaluma General Plan calls for utilizing the Public Art 17 Committee to implement the City's public art program and increase art throughout Petaluma 18 by developing an Arts and Culture Master Plan; and, 19 20 WHEREAS, policy 6-P-29 of the Petaluma General Plan calls for integration of the arts into 21 the planning process and encouragement of art as an integral part of development proposals 22 and capital improvement projects; and, 23 24 WHEREAS, the Public Art Committee and staff have proposed a series of text 25 amendments to Chapter 18 of the Implementing Zoning Ordinance aimed at improving and 26 streamlining public art requirements into the planning entitlement process, and such proposed 27 amendments are attached to and made a part of this ordinance as Exhibit A; and, 28 29 WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance 30 provides in pertinent part that no amendment shall be made to the Implementing Zoning 31 Ordinance unless the Planning Commission and City Council find the amendment to be in 32 conformity with the General Plan; and, 33 34 WHEREAS, this project has been reviewed in compliance with CEQA guidelines and has 35 been determined to be categorically exempt pursuant to Section 15305 (minor alterations in 36 land use limitations) in that the project involves minor modifications to the Implementing Zoning 37 Ordinance that do not result in significant changes in allowable land use or density. 38 39 WHEREAS, on April 23, 2013, the Planning Commission held a duly noticed public hearing 40 in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.010 and 41 recommended the City Council amend Chapter 18 of the Implementing Zoning Ordinance; 42 and, 43 Ordinance No. 2468 N.C.S. Page 1 1 WHEREAS, a public notice of the June 6, 2013 public hearing before the City Council was 2 published in the Argus-Courier on April 11, 2013; and, 3 4 WHEREAS, on June 17, 2013 the City Council held a duly noticed public hearing to 5 consider the proposed amendments. 6 7 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 8 FOLLOWS: 9 10 Section 1. Findings. The City Council hereby finds that the proposed amendments to 11 Chapter 18 of the Implementing Zoning Ordinance, which are attached to and made a part of 12 this ordinance as Exhibit A, are in general conformity with the Petaluma General Plan 2025, in 13 that the proposed amendments implement policy 6-P-29 by integrating public art into the 14 planning entitlement process and will assist and guide the Public Art Committee in implementing 15 Petaluma's public art program and in increasing art throughout Petaluma in accordance with 16 Petaluma General Plan 2025 Policy 6-P-27 and the City's Public Art Master Plan adopted by 17 Resolution No. 2013-064 N.C.S. on June 17, 2013. 18 19 Section 2. Chapter 18 of the City's Implementing Zoning Ordinance, Ordinance 2300 20 N.C.S. adopted June 2, 2008, is hereby repealed in its entirety effective on the effective date of 21 this ordinance. 22 23 Section 3. Exhibit A to this ordinance is hereby adopted to replace in its entirety former 24 Chapter 18 of the City's Implementing Zoning Ordinance adopted pursuant to Ordinance 2300 25 N.C.S. on June 2, 2008. 26 27 Section 4, If any section, subsection, sentence, clause, phrase or word of this ordinance 28 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 29 competent jurisdiction or preempted by slate legislation, such decision or legislation shall not 30 affect the validity of the remaining portions of this ordinance. The City Council of the City of 31 Petaluma hereby declares that it would have passed and adopted this ordinance and each 32 and all provisions thereof irrespective of the fact that any one or more of said provisions be 33 declared unconstitutional, unlawful or otherwise invalid. 34 35 Section 5. This ordinance shall become effective thirty (30) days after the date of its 36 adoption by the Petaluma City Council. 37 38 Section 6. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the 39 period and in the manner provided by the City Charter and any other applicable law. 40 41 INTRODUCED and ORDERED posted/pubtislaed this 17th day of June 2013. 42 43 ADOPTED this day of 2013 by the following vote: 44 45 46 47 48 AYES: 49 NOES: 50 ABSENT: 51 ABSTAIN: 52 Ordinance No. 2468 N.C.S. Page 2 1 2 3 4 5 David Glass, Mayor 6 7 8 9 10 11 12 ATTEST: APPROVED AS TO FORM: 13 14 15 16 Claire Cooper, City Clerk Eric Danly, City Attorney 17 18 19 20 21 22 2088046.1 Ordinance No. 2468 N.C.S. Page 3 Exhibit A to Ordinance 2468 N.C.S. Chapter 18 Public Art 18.010—Purpose A. The purpose of this chapter is to require the integration of public art into private and public development projects, and to authorize the establishment of guidelines, procedures and standards for the integration of public art into such development projects. B. Public art helps make cities more livable and more visually stimulating. The experience of public art makes the public areas of buildings and their grounds more welcoming. It creates a deeper,,interaction with the places people visit, and in which people work and live. Public art illuminates the history of a community while it points to the city's aspirations for the future.A city rich in art encourages cultural tourism which'tiri g in visitor revenues. C. To achieve these goals, public art planning should be integrated into4 velopmgot project planning at the earliest possible stage, and artists selected should become a member of afd.developmentproject's design team early in the design process. 'MAt 18.020 —Authority In adopting this chapter, the city is relying on its police power pursuantitoArticle II, section 5 and 7, of thlifornia Constitution. In accordance with the case of Erlich v. City of Culver City(1996) 1Z C:01.40 854, the,requirement to provide public art and/or pay a public art in lieu fee in accordance with this chapter is akin to traditional land-use•regulations imposing design conditions, and a valid exercise of the city's traditional police power. The requirements`jofzthistchapter, including the requirement concerning providing public art in a location reasonably accessible 0o the public, like other design and landscaping requirements, are aesthetic controls within the city's authority: : 18.030 -- Definitions ' ' A. Artist. A practicing professional artist or group of artists skilledkm the design and/or creative production of aesthetic objects, with quahficationsttecognized by peers andlor evidenced through a record of exhibitions, public commissions, sale of works and educational attainment. B. Construction cast kJhe total.construction cost of a development project as determined by the Community Development Director from bwld ng`permitjapplication(s)S or the total cost of the above-ground elements of a park or public works projectexceptas specified`in'section 18.060. Construction cost is calculated using all relevant building°permit applications including, but not limited to all grading, building, plumbing, mechanical, site - improvement, parking lot lightutg»and electrical permit applications for a development projects, but excludes costs • solely attributable to interior tenant improvements. C Construction or reconstruction The construction or the rehabilitation, renovation, remodeling or improvement of a building, park,or other imp ovement subject to the requirements of this chapter rr v cfra D. Private construction project. Any privately funded non-residential construction or reconstruction subject to the requirements of this chapter. E. Public art. Original works of art that meet the requirements of section 18.120, including, but not limited to, sculpture, murals, photography and original works of graphic art, water features,"neon, glass, mosaics, or any combination of media. Public art may include furnishings or fixtures, permanently affixed to buildings or building grounds, including but not limited to, works fixed to or comprising gates, walls, railings, street lights walkways or seating,so long as they are created by an artist and otherwise meet the requirements of section 18.120. Public art may also include architectural features of a building, and artistic or aesthetic elements of overall building architecture or landscape design if created by an artist, so long as such features or elements otherwise meet the requirements of section 18.120. Public art for purposes of this chapter excludes: 1. Objects that are mass-produced or not unique to a particular development project; Ordinance No. 2468 N.C.S. Page 4 2. Decorative or functional elements or architectural details, unless designed by an artist and otherwise meeting the requirements of section 18.120; 3. Landscape architecture and landscape gardening unless designed by the artist and otherwise meeting the requirements of section 18.120; 4. Directional elements such as super graphics, signage, or color coding unless designed by an artist and an integral part of public art that otherwise meets the requirements of section 18.120; 5. Logos or expressions of corporate idehtity that do not otherwise satisfy the definition of public art in accordance with this section and the requirements of section 18.120:C W agt F. Public Art Committee. The committee established pursuant to sechonj18180 to perform the duties required pursuant to this chapter and any ordinance or resolution of the City%Counctlrpertaining to the city's public art program. The Public Art Committee is also referred to in this,.chalitei as the Petaluma Public Art Committee or PPAC. O A tr s G. Public art in-lieu fee. The fee required to be paid to thetity pursuant to this chapter equal=to one percent of the construction cost as defined in this section in lieu.f'p oviding public art for public or ate construction as otherwise required pursuant to the requirements of this chapter. H. Public art cost. The cost of providing public art in accordancewith tthe requirements of this chapter. Such cost :;: may include, but not limited to the designFdevelopment, acqquisition, execution and installation of public art, and includes the cost of administering the city s public art program but shall,not include maintenance costs. ,rr I. Public art fund. The account established pursuant to secbonl8 190 containing public art in lieu fees collected pursuant to this chapter and other contributions to the eiitysrpubhc artprogram for use for the limited purposes specified in section 18 190 « J. Public construction project.Any publicly-funded construction or reconstruction subject to the requirements of this chapter. pg.g, K. Visual art professional Any of the'followmgi,professional artist in any medium, art curators, art critics, art historians arts educators ,architects or other design'professionals with a visual arts background, and fine arts collectors „ 18.040—Duty to Provide Public At andlor Pay Art in Lieu Fee Developers and/or owners of public and private construction projects to which this chapter applies in accordance with section 18.050 must provide,public art that meets the requireoents of section 18.120 and/or pay the art in lieu fee as defined in section 18.030 in accordance;with section 18090 and this chapter, and demonstrate compliance with the requirements of this chapter in accordance with section 18.140 and 18,1501 18.050—Applicability ,r r The provisions of this chapter''apply.to all public construction projects and non-residential private construction projects with a construction cost of$500,000 or more, (including private mixed-use construction projects that include residential development, as long as the non-residential development in the mixed-use project has a construction cost of $500,000 or more), that will be constructed in any of the zoning districts specified in section 18.070, except those construction projects that are exempt from the requirements of this chapter in accordance with section 18.060. 18.060- Exemptions The requirements of this chapter do not apply to the following: A. Underground public works projects; 8. Street or sidewalk repair,construction, or reconstruction; C. Tree planting; Ordinance No. 2468 N.C.S. Page 5 D. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity; E. Affordable housing construction, remodel,repair or reconstruction projects; F, Seismic retrofit projects as defined by Chapter 17.34 of the Petaluma Municipal Code; G. Construction, remodel, repair or reconstruction of structures owned and occupied by public-serving social service and non-profit agencies; H. Utility pump stations and reservoirs;and I. Fire sprinkler installation projects as defined by Section 17.20.070 of the Petaluma Municipal Code. 18.070--Zoning Districts in which Public Art andlor Payment of the Public in Lieu Fee is Required Public construction projects and non-residential private construction projects located in any ot the following zoning districts are subject to the requirement to provide public art and/or pay an art in-lieu fee in accordance with section 18.040 of this chapter: * A. Mixed Use(MU1A, MU1B, MU1C,and MU2). z B. Commercial 1 (C1). �z, C. Commercial 2(C2). , D. Industrial(I). E Business Park(BP). f ' ` F. Planned Unit District (PUD) and Planned Community District (PCD), except residential) UD's and PCD's; but including mixed use. O ., G. T-5 and T-6 Zones, as established by the Central Petaluma Specific Plan Smart Code, exceptprojects that are entirely residential, but including mixed use. r,< / � / H. Any City Zoning District for any public construction protect as defined bythis chapter. 5b 18.080-Voluntary Participation in Public Art Program`for;Residential Protects,of 50 Units or More .,v Applicants for any private residential construction projectof'50 units or more as permitted in any applicable zoning district, are strongly encouraged to voluntarily participate in the public artprogram byfollowing the procedures set forth in this chapter. 18.090—Minimum Cost of Public Art/Public Art in Lieu Amount ' "Pt Public Art provided in accordance with this chapter must have a public art cost of not=less than one percent of the construction cost for a private or public construction roject subject to this chapter;except as provided in this section. The public art in lieu fee that applies to private or publicfconstruction projects subject to hischapter shall be equal to one percent of the construction cost for the private or public construction project. If public art proposed"Jor a private or public construction project subject to this chapter has a public art cost of Aess than,one'percentrof the construction cost, and the public art otherwise meets the requirements of this chapter, the deVelOperianid/Or'Ownter.bithelpriyate,br public construction project must pay a public art in lieu fee equal to the difference between the public"a`rt cost and onepercen't of the construction cost. 18.100- Location of Public Art `s Public art provided in accordance with'Jhis chapter:$must be displayed in a manner that will enhance the general public's enjoyment of the public art, and must belocated either=(1) in areas on the site of the private or public construction project clearly visible from the public right-of-way, or (2)1on the site of an approved open space feature of the private or public construction project, or (3) upon'the,approval of the authorized public agency or agencies, on adjacent public property, or (4) in a publicly accessible area of the private or public construction project. 18.110-Eligible Artists Eligible artists to provide public=a f`in accordance with this chapter may not be an employee of the architect, engineer or landscape architect for the private or public construction project subject to this chapter. 18.120—Public Art Requirements Public art that is proposed or provided pursuant to this chapter must satisfy all of the following requirements: A. The art must be designed and constructed by an artist; B. The art must relate in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other setting so as to complement the site and its surroundings, and must be consistent with any applicable action of the Planning Commission, or City Council as it may relate to any development entitlements for the private or public construction project; Ordinance No. 2468 N.C.S. Page 6 . I C, The art must demonstrate excellence in craftsmanship,originality in'conception and'integrity of materials; D. Permanent art must be a fixed asset the public art site; E. Minimal maintenance must be adequate for preserving the long:terms integrity and enjoyment of the art, as evidenced by a maintenance plan submitted with the public art"proposal; i F. Art in private constructionprdjects must be maintained by the property owner in'a manner acceptable to the city in accordance with a maintenance plan submitted with,the art proposal; G. The art must meet all applicable building code requirements H. The art must be,accompanied by an identifying plaque that features,the artists name, artwork title and date of completion. This plaque must be made'of a durable`materialand be installed ip manentlynear the art. 18.130-Verification of Compliance with this Chapter Prior to Issuance of Building Permit The owner and/or developer of private or public construction subject to the feq ements of this chapter must demonstrate compliance with the requirements of this chapter in one of the following ways upon filing a building permit application; A. Payment of the full amount of the applicable public art milieu fee;and/or, B. Presentation of a valid and binding contract to commission or purchase and install the required public art on the subject development site, and,a written approval of the proposed artgfrom the PPAC'that certifies that the proposed public art satisfies the requirements of section 18 120 aciet: 'VW *444" let 18.140-Satisfaction of Public Art Requirements Appeal Upon a determination that the proposed public art do knot complyjwith the requirements of section 18.120, above, the determination may be appealed to the City Council in the,manner prescribed by section 24 701 of this ordinance. i 18.150-Verification of Compliance With this Chapter Prior of Certificate of Occupancy-Proof of.Installation sleet The owner and/or developer of private or public ``Aconstruction subject to the requirements of'this chapter must provide the city proof Of installation of the required;public art in'accordance with this chapter prior'to the issuance of a Certificate of Occupancy for the private or public construction, The required'proof:of installation must'include a public art maintenance,plan specifying how the public art will be maintained in accordance.witfrii regurements of section 18.120. Compliance with the public art maintenance plan must be a condition of approval o`tthheeprivateor pub/c:cA tructio and the public art maintenance plan must be kept on file by the Community:Dee opmentDepartment, ` 18.160-Title'to Public Art " S.> Title to all public art provided pursuant this chapteer shall pass to the successive owners of the private or public construction subject to the uirirements of this chapter sso that the,public art remains,for the life of the construction, subject to the requirements of this chapter. Each%successive owner ofAthe;private or public construction shall be responsible fof the custody, protection and maintenance of the public art, and the'running of this requirement with the ownership of the private-or public construction must be a condition of approval of the private or pub cil construction. 18.170-Replacement of,Public'Art The following requirementsmusUbemet before any public art is replaced: A. The,public art cost of the replacement public art shall be equal to the public art cost of the public art to'beremoved in present dollars. B. The replacement public artrmust conform, in every respect, to all public art requirements in effect at the time of the replacement. Such public;art requirements that replacement public art must satisfy include, but are not limited to thatthe°location,of.the replacement public art must meet the requirements for public art locationin effectatthe time of the replacement. C. The replacementlpublicart, including its location andlinstallation, must comply with all applicable laws,ordinances, rules and regulations:. Ordinance'No. 2468 N.C.S. Page 7 D. The replacement;public arty"must be available for public viewing'ndtmore than '180 days,after replacement public art is removed,unless a longer time is approved by the Community Development.Director: 18.180-Public Art Committee i A. A Public.Arts Committee,is hereby established.Terms of office for each of the Committee members shall be four- year, staggeredterms.The,Cofimittee.shall be comprised"of seven Members:as follows: 1. Three members shall be Visual Arts Professionals and appointed by the,City Council from the community at-large. 2. One member shall be a member of the Recreation, Music, and Parks Commission, as nominated by the members of the Recreation, Music,and Parks Commission and appointed by the.City Council. acts• 3. One member shall be a:member of the Petaluma Arts Counc as nominated by the Arts Council and appointed by the City Council. ALtir 4. Two members shall be appointed by the City Council from the community-at-large.t B. The Committee.shall perform the duties required by this chapter and any.other ordinance or resolution of the City Council pertaining to the City's public art program j X 18.190-Public Art Fund A. All fees collected pursuant';to this chapter shall be held in a"special fund,referred to as the public art fund, maintained, managed and reviewed by the City<Manageror his/her des ignee..ln addition to fees collected pursuant to this chapter, funds acquired through gifts,grants„donations fundraising efforts and other contributions directed to the public art program,shall also be deposited in the publlic art=fund for use in.accordance with this section. m tedr th Permitted uses of monies held m the public errand are4imited'toahe#ollowing; SF 1. The cosst€of,installing public artcon public property, including the cost of.commissioning or otherwise acquiringrand providing and preparing sites for public art; 2. The cost tof public art lighting .x 3. The,cost of public artidentifying plaques - at 4. The cost of>maintaining public art that is not subject.to a privately-funded maintenance plan on public tit property; -tvttrt 5. The cost of supporting publicly accessible art exhibits; 6. The cost of documenting the city's public art prograrn and promotion of the program through education, publicity mac, blici 'an doutreach; 7. The cost of,conserving the city's public art collection; 8. The cost of planning and administering the city's public art program consistent with the annual budget planning process„including the cost of staff support for the Public Art Committee. B The"Public Arts Committee,with assistance from staff, shall, as part of.the City's annual budget process, estimate the operating costs,of the public art program for the given fscal year including;but not limited to staff support and related expenses;.curatorial'services; documentation;publicity; community education and any"other services or programs in accordance with this chapter. Revisions to the adopted annual budget for the-Public Art Fund shall be subject?.to the review and'approval of the City Manager, who may submit such revisions for the review and the approval of the City Council. Ordinance,No. 2468 N.C.S. Page 8 18.200-City Council Review of this Chapter and the Public Art Program The City Council shall review the provisions of this chapter, any related rules; regulations or policies and the effectiveness of the city's public art program periodically as deemed appropriate, and may amend this..chapter andfor otherelements of the city's public art program that in city council's discretion'may enhance the city's public art program and its benefits. As part of such review or otherwise, the city council may seek the recommendations of the Public Art Committee concerning potential improvements to the city's public art program. The Public Art Committee may also on its own initiative make recommendations to . the City Council concerning improvements to the public art program. N : �v ' S. ah 'stag' ac v ,1 4�N.: k ^0L x� "> agPar a : Vitt Ordinance No. 2468 N.C.S. Page 9 rir THIS PAGE INTENTIONALL' LEFT BLANK Amp- %asri k K `1w. Lit letiffrt 5 Ordinance No. 2468 N.C.S. Page 10 ATTACHMENT2 • A RESOLUTION OF THE CITY COUNCILOF THE CITY'OF PETALUMA UPDATING ENABLING LEGISLATION OF THE PETALUMA PUBLIC ART COMMITTEE PURSUANT TO THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300.N.C.S., AND REPEALING AND REPLACING RESOLUTION NO. 2005-41 N.C.S. WHEREAS, the City Council of the City of Petaluma, by Ordinance 2202 N.C.S, adopted April 4, 2005, added Article 19.6 to Ordinance 1072 N.C.S., the City's Zoning Ordinance, authorizing the creation of a public art program through a combination of zoning requirements for certain public and private development projects and establishment of a Public Art In-Lieu Fee equal to 1% of defined construction costs; and, WHEREAS, Ordinance 2202 N.C.S: authorized the creation of a Public Art Committee with the duties and responsibilities of building and maintaining a meaningful public art program in the City of Petaluma; and, WHEREAS, Ordinance 2202 N.C.S. has been replaced and superseded by a new Implementing Zoning Ordinance adopted as Ordinance no. 2300 N.C.S. on June 2, 2008; and WHEREAS, Ordinance no. 2300 N.C.S. has been amended pursuant to Ordinance no. to update provisions in the ordinance related to public art, including section 18.170, which establishes the Petaluma Public Art Committee; and WHEREAS, Section 18.170, subdivision (A) of the Implementing Zoning Ordinance, as amended, provides for four-year, staggered terms of office for the seven- member Public Art Committee; and WHEREAS, Section 18.170, subdivision (B) of the Implementing Zoning Ordinance provides that the Public Art Committee shall perform the. duties required by Chapter 18 an any other ordinance or resolution of the City Council pertaining to the City's public art program; and WHEREAS, to implement changes to the Petaluma public art program pursuant to Ordinance no and assist the Public Art Committee in carrying out its functions,,it is desirable to also update pursuant to Chapter 18 of the Implementing Zoning Ordinance the enabling legislation of the Public Art Committee previously adopted as Resolution no. 2005-041; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. • Repeal. Resolution no. 2005-041 Establishing Procedures and Guidelines for the City of Petaluma Public Art Committee adopted March 21, 2005, and any other City resolutions concerning the responsibilities of the Petaluma Public Art Committee ("Committee") are hereby repealed on the :effective date of this resolution. 2. Continuance of Terms. Subject to Chapter _1'8 of the Implementing Zoning, Subject Ordinance and this resolution, all-current members:of the Committee shall continue• to serve for the remainder of the term to which they'have been.appointed. Current. Committee members and term:expirations are as follows: Member Term Expiration Anee Booker Knight 6/30/17 (Chair) Scott Hess 6/30/16 Caroline Hall 6/30/[7 Alison Marks 6/30/17' (Petaluma Arts Council Representative) Rodrigo Santamarina 6/30/16 Karen Petersen .6/30/17 Marjorie Helm 6/30/13 (Recreation, Music and.Par ks Commission Representative) 3. Composition. The,Committee is made up of 7 members. Membership on the Committee is set by section 18.170 of Ordinance. no 2300'N.C.S., the Petaluma Implementing Zoning Ordinance, as follows: 1. Three members shall be visual arts professionals appointed by the city council.from the community at-large. 2. One member shall be a member of the Recreation, Music and Parks Commission as nominated by the members of the Recreation, Music,and Parks Commission andappointed by the.city council. 3. One member shall be a member of the Petaluma Arts Council, as nominated by the Arts Council and appointed by the city council. 4. Two members shall be appointed by the city council from the community at large. Members of the Committee shall be residents of the City of Petaluma or reside within its urban growth boundary. The Committee receives staff support and advice on the performance of its duties from the City's Community Development Department and other City staff, as appropriate. 4. Mission. According to the Public Art'Mission Statement in the Petaluma Public Art Master Plan, adopted June.17, 2013/by ,the City's public art program is committed to enhancing the appearance and cultural richness of the City by incorporating works of art into public places,and'fostering,art within public view_ or access in private developments. The public art program encourages the use of°art to celebrate the City's rich history, its significant environmental l [assets and the diversity of its community as well as to salute creativity, innovation and artistic excellence. According to Section 18.010 of the Implementing Zoning Ordinance, the purpose of Chapter 18 of the ordinance governing public art is to require the integration of public art into private and public-development projects subject to the chapter, and to authorize:the establishment of guidelines, procedures and standards for the integration of public artcinto such,development projects. The Committee is charged with performing duties required by Chapter 18 of the Implementing Zoning Ordinance, this::resolution,.:and'any otherordinance or resolution'pertaining to Petaluma's public art program. 5. DUTIES AND-RESPONSIBILITIES a. General. The Committee's duties and responsibilities shall generally include: reviewing and recommending public art projects on public property to the city council; review and approval;of public art as part of private development in accordance with the requirements of Chapter 18 of the Implementing Zoning Ordinance; selecting public art and recommending appropriate locations, selecting artists for commissioned work; establishing requirements:for'artwork design documentation;;establishing art maintenance policies and funding; making recommendations to the CityCouncil on expenditures from the Public Art Fund; and participating.as appropriate'with_the City Manager in selection of staff and consultants necessary to carry out Committee duties. b. Public Art on-Public Property, Subject to the requirements of Chapter 18 of the Implementing Zoning Ordinance; the Public Art 'Master Plan and this resolution, the Conunittee:will select and approve public artworks for installation on public property by identifying project sites and,target budgets, conducting artist searches, and reviewing submissions of proposed artworks. The Committee may appoint a subcommittee or subcommittees to assist with artist<;andart work selection With appropriate staff support, the Committee will forward-appropriate'recommendations to'the City Council,concerning public art matters subject to City Council action, including, but;not limited to acquisition and placement of public art. c. Public Aet,on Private Property. Subject to the requirements of Chapter 18 of the Implementing Zoning Ordinance, the Public Art Master Plan and this resolution, the Committee will select and approve ,public art as part of private development in accordance with requirements of Chapter. 18 of the Implementing Zoning,Ordinance.by consultation,and dialogue with developers that plan to provide public art as part of the project; review and approval of public art proposals, proposed locations, proposed lighting and identifying plaques; and artwork maintenance plans. 6. Terms. In accordance with section 18.170 of the Implementing'Zoning Ordinance, the Committee,member'terms shall be for 4 years, and be staggered. Terms of Committee members shall typically continence on July '1 of the year appointed. The terms'shall be staggered such':that the,terms of no more than 3 members shall expire in any given year However, subject to Section 7 of this resolution notwithstanding expiration of a Committee member's term, the member will continue to serve until a successor is appointed by the City Council. Hui member may serve more than 2 successive terms. 7. Resignation/Removal. The City Council may declare the office of a Committee member vacant: upon the`resignation,.death, disability that results in the inability of a Committee member to perform his/her duties, loss of status required for the Committee member to be eligible to serve, or unexcused absence of a Committee member from 3 consecutive, regular meetings. The City Council may also remove any member of the Committee with or without case, in the sole discretion of the City Council. Such removal shall require the vote of at least four members of the City Council. 8. Vacancies. Upon declaring a Committee office vacant for any reason, the City Council shall thereupon appoint a qualified person to fill the vacancy for the unexpired term. 9. Meetings. Committee meetings shall be held as necessary on dates and at times convenient for the majority of the Committee members. Currently, regular Committee meetings are held monthly on the 4`h Thursday of the month. Committee meetings shall be subject to all applicable requirements of the Ralph M. Brown Act, California Government Codesection-54950 et seq: 10. Quorum/Action. A quorum of 4 members is required to meet and conduct business. Fewer than 4 members, or if no members are present, staff to the Committee, may adjourn the meetings of the Committeein accordance with all applicable requirements of the Brown Act. All actions or•recommendations of the Committee shall be made at a meeting at which a quorum of the.Committee is present and shall be made by a majority vote of the members present. A tie vote shall constitute no action on the motion, proposed action, or recommendation. 11. Effective Date. This Resolution shall become effective upon-the effective date of Ordinance No. amending Chapter no. I8. of the linplenienting Zoning Ordinance. . 12. Severability. All portions of this resolution are severable. Should any portion of this resolution be adjudged to be invalid and.unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect;except as to those resolution portions that have been adjudged invalid. The City Council hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase, and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase2or other portion may be held invalid'or unconstitutional.