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HomeMy WebLinkAboutResolution 2013-101 N.C.S. 7/1/2013 Resolution No. 2013-101 N.C.S. of the City of Petaluma, California 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a meaningful public art program in the City of Petaluma; and, WHEREAS, Ordinance 2202 N.C.S. has been replaced and superseded by a new Implementing Zoning Ordinance adopted as Ordinance 2300 N.C.S. on June 2, 2008; and, WHEREAS, Ordinance 2300 N.C.S. has been amended pursuant to Ordinance 2468 N.C.S. 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 2468 N.C.S. 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 2005-041 N.C.S.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Repeal. Resolution 2005-041 N.C.S. 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. Resolution No.2013-101 N.C.S. Page 1 2. Continuance of Terms. Subject to Chapter 18 of the Implementing Zoning 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 Annee Booker Knight 6/30/17 (Chair) Scott Hess 6/30/16 Caroline Hall 6/30/17 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 Parks Commission Representative) 3. Composition. The Committee is made up of 7 members. Membership on the Committee is set by section 18.170 of Ordinance 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 and appointed 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 Resolution 2013-064 N.C.S., 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 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 art into such development projects. The Committee is charged with performing duties required by Chapter 18 of the Implementing Zoning Ordinance, this resolution, and any other ordinance or resolution pertaining to Petaluma's public art program. Resolution No. 2013-101 N.C.S. Page 2 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 City Council 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 Committee 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 and art 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 Art 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 commence 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. No Committee 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 Resolution No. 2013-101 N.C.S. Page 3 meetings are held monthly on the 4th Thursday of the month. Committee meetings shall be subject to all applicable requirements of the Ralph M. Brown Act, California Government Code section 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 Committee in 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 2468 N.C.S. amending Chapter No. 18 of the Implementing 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, phrase or other portion may be held invalid or unconstitutional. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A prover(t Council of the City of Petaluma at a Regular meeting on the P day of July. 2013, form. by the following vote: City Att AYES: Vice Mayor Albertson, Barrett, Mayor Glass, Harris, Healy,Kearney NOES: None ABSENT: Miller ABSTAIN: None ATTEST: City C erk Mayor Resolution No. 2013-101 N.C.S. Page 4