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HomeMy WebLinkAboutPlanning Commission Resolution 2013-07 4/23/2013 RESOLUTION NO. 2013-07 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE MODIFICATIONS TO THE PUBLIC ART COMMITTEE'S ENABLING LEGISLATION AND PROCEDURAL GUIDELINES WHEREAS, the Petaluma General Plan recognizes the important economic, educational and social role that art plays in the life of Petaluma, including contribution to the community's identity and livability; and, WHEREAS, policy 6-P-27 of the Petaluma General Plan calls for utilizing the Public Art Committee to implement the City's public art program and increase art throughout Petaluma by developing an Arts and Culture Master Plan; and WHEREAS, policy 6-P-29 of the Petaluma General Plan calls for integration of the arts into the planning process and encouragement of art as an integral part of development proposals and capital improvement projects; and, WHEREAS, the Public Art Committee has created a Public Art Master Plan with detailed recommendations for enhancing Petaluma's public art program; and, WHEREAS, proposed modifications to the Public Art Committee's enabling legislation and procedural guidelines are recommended to update and clarify the internal process for reviewing public art projects, the duties and responsibilities of the Public Art Committee, and address administration of the public art fund and if approved would supersede Resolution No. 2005-041 as adopted by the City Council on March 21, 2005, and such proposed modifications are attached to and made a part of this resolution as Exhibit A; and, WHEREAS, this project has been reviewed in compliance with CEQA guidelines and has been determined to be categorically exempt pursuant to Section 15305 (minor alterations in land use limitations) in that the project involves minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. WHEREAS, a public notice of the April 23, 2013 public hearing before the Planning Commission was published in the Argus-Courier on April 11, 2013; and, WHEREAS, on April 23, 2013, the Planning Commission held a duly-noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.010; NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the proposed amendments to the Public Art Committee's enabling legislation, Exhibit A of this resolution, are in general conformity with the Petaluma General Plan 2025, in that these documents implement policy 6-P-29 by integrating public art into the planning entitlement process; and, BE IT FURTHER RESOLVED by the Planning Commission that the proposed modifications to the Public Art Committee's enabling legislation and procedural guidelines are hereby referred to the Petaluma City Council for consideration. ADOPTED this 23rd day of April, 2013, by the following vote: Planning Commission Resolution No.2013-07 Page I 'Commtttee;Membeifi a Aye_ = No- ,Abs`ent s -Abstain Abercrombie X Elias X Johnson X Miller X Councilmember Miller X Chair Pierre X Vice Chair Wolpert X � _ . � e Jennif: Pierre, Chtpi ATTEST: APPROVED AS TO FORM: necA______ Hgather Hines, Co mittee Secretary Eric Danly, City rney Planning Commission Resolution No.2013-07 Page 2 Exhibit A Recommended Updated Enabling Legislation for the Public Art Committee 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 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 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 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 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 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, Planning Commission Resolution No 2013-07 Page 3 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. 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. Planning Commission Resolution No. 2013-07 Page 4 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 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. Planning Commission Resolution No.2013-07 Page 5