ORD 317ORDINANCE NO. 317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE LA QUINTA CHARTER AND MUNICIPAL
CODE, CHAPTER 2.65 (ART IN PUBLIC PLACES), REVOKING CHAPTER
2.85 (CULTURAL COMMISSION), AND ADDING A NEW CHAPTER 2.75
(CULTURAL ARTS COMMISSION)
WHEREAS, Section 2.65.040 of Chapter 2.65, and Chapter 2.85 of the La
Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") Art in
Public Places Commission, and Cultural Commission respectively; and
WHEREAS, the City finds that there are common duties, objectives, and other
factors between these commissions; and
WHEREAS, the City has determined that one new Cultural Arts Commission
would be best qualified to provide the services heretofore assigned to the Art in Public
Places Commission and the Cultural Commission; and
WHEREAS, the City has determined that there is no necessity to continue the
Art in Public Places Commission, and the Cultural Commission as separate
commissions; and
WHEREAS, the City believes that these changes are in the best interest of the
citizens of the City of La Quinta.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
Section 1. Amend Chapter 2.65, Section 2.65.030 by revising subsections
"E", "F", and "G" to be redesignated "F", "G", and "H" respectively
and adding a new subsection "E" as follows:
E. "Commission" means the Cultural Arts Commission as appointed in
Section 2.75.030 of this Charter and Municipal Code.
Section 2. Amend Chapter 2.65 by deleting Section 2.65.040 in its entirety.
Section 3. Amend Chapter 2.65, Section 2.65.070, "A", "B", "C" and "D" only
as follows:
A. Upon submission of a project application for a project subject to the
requirements of this chapter, the City shall provide to the project
applicant a copy of the ordinance codified in this chapter and an arts
application form.
Ordinance No. 317
Page 2
B. The project applicant shall submit to the City a completed arts application
form, describing the manner in which the project applicant intends to
establish compliance with this chapter. The arts application shall include,
for project applicants intending to meet the requirements of Section
2.65.050(B), a complete description of the artwork, if any, the cost or
estimated cost of the artwork and installation, the agreement or means
by which the project applicant will meet the requirements of Section
2.65.100 of this chapter, and a site plan showing the location of the
artwork, complete with landscaping, lighting and other appropriate
accessories to complement the artwork.
C. The City shall, upon receipt of the arts application, submit the arts
application to the Cultural Arts Commission.
D. The Cultural Arts Commission shall, within thirty days from the date of
submittal of the application by the City, submit to the City Council
comments and a recommendation on the proposed arts application, based
upon the guidelines set forth in Section 2.65.080.
Section 4. Amend Chapter 2.65, section 2.65.080, by deleting Section
2.65.080 B(2)& (4) and amending Section "C" as follows:
C. Use and Maintenance of Art Work. Artwork acquired by expenditures
from the art in public places fund shall be the property of and maintained
by the City. The City may dispose of such artwork at its discretion,
subject to any agreement with artists or otherwise relating to any specific
artwork. The artworks acquired and installed by a project applicant for
which credit for the fee required by Section 2.65.050 is given pursuant
to Section 2.65.100 of this chapter shall be the property of and
maintained by the project applicant, except to the extent the City has
rights in or to the artwork or the display thereof pursuant to the
agreement with the project applicant entered into pursuant to Section
2.65.100. Alternatively, artwork acquired by the project applicant in lieu
of the fee may be donated to the City to be maintained by the City.
Section 5. Amend Chapter 2.65, section 2.65.090, subsection "A" only as
follows:
A. Fees are to be collected with respect to all projects prior to or at the time
of issuance of a building permit, except in the case of residential
development of more than one dwelling unit, where the fee shall be
collected on a pro rata basis for each dwelling when it receives its final
inspection or certificate of occupancy, whichever occurs first. The City
Manager, or other such person appointed by him/her, is appointed as the
authorized individual to collect the fees.
Ordinance No. 317
Page 3
Section 6. Amend Chapter 2.65, section 2.65.110, subsection "F" only as
follows:
F. Reimbursement. In the event fees have not been committed for a use as
specified in subsection B of this section within two years of their
collection, the fees in the art in public places fund shall be distributed by
the City to the person or entity who has paid the fees or in any other
manner permitted by law.
Section 7. Amend Chapter 2.65, section 2.65.120 as follows:
2.65.120 Implementation and administration of this chapter.
The City may enter into agreements, upon recommendation of the
Cultural Arts commission or otherwise, for the purchase or commissioning of
artworks on art sites not owned by the City, for installation of artwork or the
repair, maintenance of servicing thereof and for or relating to all other matters
necessary or appropriate to implement the art in public places program.
Section 8. Revoke Chapter 2.85 in its entirety.
Section 9. Add Chapter 2.75 Cultural Arts Commission as follows:
Chapter 2.75
CULTURAL ARTS COMMISSION
2.75.010
Created —Defined
2.75.020
Purpose and Objectives
2.75.030
Members —Appointments -Terms
2.75.040
Powers and Duties
2.75.050
Committees
2.75.060
Staffing
2.75.010 Created —Defined
The Cultural Arts Commission is created and established. The term
"Commission," as used in this chapter, shall refer to the Cultural Arts Commission.
2.75.020 Purpose and Objectives
The general purpose of the Commission is to advise the City Council with
respect to the City's development of cultural arts, including cultural events and
activities; promoting the literary, performing, and visual arts. The Commission shall
also maintain and implement the Art in Public Places plan subject to approval of the
City Council. Objectives of the Commission are as follows:
Ordinance No. 317
Page 4
A. To advise the City Council on matters affecting the cultural art of the City
and to advise and assist other City boards, committees and commissions in the field
of the arts, and to cooperate and work with cultural art organizations;
B. To encourage and facilitate programs in the arts thereby promoting
cultural enrichment of the community;
C. Cultural Arts as used in this section may involve cultural and arts -related
disciplines and activities, including, but not limited to, the following:
1. Performing arts, such as drama, music and dance;
2. Visual arts, such as painting, sculpture, photography, graphics,
video art, applied art, and public art;
3. Literary arts, such as literature, poetry and journalism;
4. Communications arts involving film, television, radio, and
technology; and
5. Recommending funding opportunities, such as conducting
fundraisers, and contacting representatives of public and private
funding agencies and art patrons.
2.75.030 Members —Appointments -Terms
A. The Commission shall consist of seven (7) members appointed by the City
Council. Parties interested in serving on this commission shall exhibit expertise,
experience, knowledge, or similar assets that may be useful in serving on this
Commission.
B. Every effort will be made to ensure that a wide cross-section of
community residents, artists, social and cultural interests, and viewpoints, including
providers, recipients and professionally -related occupations are represented.
Membership may include representation from all organized social, cultural, and similar
community organizations of La Quinta, both public and private.
C. Member terms shall be for a period of two years. Initial appointments
shall be staggered with three members having one (1) year terms, and four members
having two (2) year terms.
2.75.040 Powers and Duties
The powers and duties of the Cultural Arts Commission shall be advisory to the
City Council in the following areas:
A. General Duties:
1. Analyze City Cultural Arts programs effectiveness and needs, and
recommend to the City Council comprehensive solutions;
2. Make recommendations for research and solicitation of grants and
donations;
3. Receive and act on all assignments made by the City Council, and submit
reports and recommendations to the City Council on these assignments;
Ordinance No. 317
Page 5
4. Make recommendations to the City Council concerning the resources and
needs of the community on the subject of the arts, opportunities for
participation of artists and performers in City -sponsored activities, and
ways to encourage community involvement;
5. Make recommendations to the City Council regarding the funding of
community art events and activities, including the search for private and
public grants, and regarding the disbursement of revenues consistent
with the needs of the community;
6. Work cooperatively with City boards, commissions and committees, and
other public and private organizations in promoting art and cultural
activities within the City;
7. Encourage public and private partnerships;
8. Encourage art and cultural activities among residents of the City;
9. Implement such art and cultural activities as may be delegated to it from
time to time by the City Council, including the selection of artists for art
programs and projects, and the award of contracts for art projects and
programs;
10. Develop public art awareness through the presentations of speakers,
forums, mixers and special events;
11. Maintain and implement the Art in Public Places Plan subject to approval
by the City Council. To the extent possible, the plan shall identify art
sites, artwork and estimates of cost for the artwork and art sites;
12. The Commission will submit to the City Council a recommendation for
ratification of public art to be financed by the Art in Public Places
program;
13. The Commission will work with City staff to develop a list of possible
public art sites;
14. The Commission will seek ways of procuring public art through fees,
endowments, donations, loan programs, trusts and similar means of
support; and
15. The Commission will make recommendations to the City Council for the
commissioning of artworks, the purchase or lease of art sites,
agreements for the purchase and display of artwork, or the repair,
maintenance or servicing of artwork.
2.75.050 Committees
The Commission may, from time to time, establish committees composed of
commission members, citizens and/or interested people, charged with the responsibility
of implementing certain designated projects subject to Commission and City Council
approval. At least one member of the Commission shall also be a member of each
committee.
Ordinance No. 317
Page 6
2.75.060 Staffing
A. All departments of the City, through the office of the City Manager, shall
furnish appropriate existing public information, data and records, and provide technical
assistance and advice as required, within reason, as an aid to the Commission and its
committees in the performance of designated duties.
B. The City Manager shall, within reason or budgetary constraints, provide
or cause to be provided adequate staff and clerical help, and maintain files and records
for the Commission.
C. The City Council shall periodically review the progress of the Commission.
Section 10. EFFECTIVE DATE: This Ordinance shall be in full force and effect
July 1, 1998.
Section 11. POSTING: The City Clerk shall cause this Ordinance to be posted
in at least three public places designated by resolution of the City Council, shall certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting to be entered into the Book of Ordinances
of the City of La Quinta.
PASSED, APPROVED and ADOPTED, this 19th day of May 1998 by the
following vote:
AYES: Council Members Henderson, Perkins, Sniff, Mayor Pena
NOES: Council Member Adolph
ABSENT: None
ABSTAIN: None
ATTEST:
UNDRA L. JUHOL , City Clerk
City of La Quinta, California
-I 1�j )
JOHN J PENA Mayor
City of La Quinta, California
Ordinance No. 317
Page 7
APPROVED AS TO FORM:
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DAWN C. HONEYWE L, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 317 which
was introduced on the 5th day of May, 1998 and was adopted at a regular meeting
held on the 19th day of May, 1998 not being less than 5 days after date of
introduction thereof.
fury er certify that the foregoing ordinance was posted in three (3) places within the
Z
f La Quinta s specified in a resolution of the City Council.
DRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
cer 'fy that the foregoing ordinance was posted on May 22, 1998 pursuant to City
C cil Resolution.
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SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California