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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: �, zzmf —4, d I p � 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. 64OAe-r--) SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California