CITY COUNCIL AGENDA ITEM
Meeting Date: September 12, 2000
Subject/Title: Consideration of an ordinance amending Chapter 2.44
of the Municipal Code pertaining to the Arts Commission
Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Approved by: Jon Elam, City Manager
Public Hearing consideration of an ordinance amending Chapter 2.44 of
the Municipal Code pertaining to the Arts Commission
The existing Chapter 2.44 of the Municipal Code pertaining to the Arts
Commission was approved in 1988. City Council approved the activation
of an interim arts commission on April 11, 2000, whose purpose was to
bring back to City Council a recommendation to revise/update the existing
The interim arts commission has completed their review of the existing
Arts Commission ordinance with other art organizations. The interim commission
met on May 3rd, May 24th, July 12th, July 26th, and August 9th. In addition
to reviewing the City of Brentwood ordinance, the commission looked at
ordinances and by-laws from the City of Sausalito, City of Turlock, City
of Pleasanton, City of Walnut Creek, City of Menlo Park, City of Mill
Valley, Stanislaus County, and Contra Costa County.
As a result of their many hours of review, the interim commission has
completed their work and has made a recommendation to amend Chapter 2.44
of the Municipal Code pertaining to the Arts Commission (see attached
draft ordinance). This recommendation will have a first review as a public
hearing at the September 12, 2000 City Council meeting, with final adoption
at the October 24, 2000 City Council meeting. Staff will also be asking
for initial appointments to the commission at the October 24, 2000 City
Council meeting so the commission can move forward with developing a work
plan for 2001.
Staff is recommending City Council approve the ordinance as drafted by
the interim commission. The approved 2000/01 budget for the Parks and
Recreation Department has $9,500 for assistance/special services, which
should be sufficient in support of the commission through the end of the
fiscal year. Craig Bronzan, Director of Parks and Recreation and Lt. Mike
Davies of the Police Department have been working with the interim commission
and will continue to offer staff assistance to the new commission on development
of a work plan for 2001 and development of a projected budget for the
next two year budget cycle for fiscal years 2001/03.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RPEALING CHAPTER
2.44 IN ITS ENTIREITY AND ADDING CHAPTER 2.46 TO THE MUNICIPAL CODE PERTAINING
TO THE ARTS COMMISSION
Whereas, the City Council of the City of Brentwood does hereby ordain
Repeal Chapter 2.44; Arts Commission in its entirety and add Chapter 2.46
Chapter 2.46 Arts Commission
Section 2.46.010 Commission establishment.
Section 2.46.020 Powers and duties.
Section 2.46.030 Arts Commissioners.
Section 2.46.040 Terms of office.
Section 2.46.050 Vacancies.
Section 2.46.060 Officers.
Section 2.46.070 Compensation.
Section 2.46.080 Budget.
Section 2.46.090 Annual Report.
Section 2.46.100 Meetings
Section 2.46.110 Clerical assistance.
Section 2.46.120 Staff assistance.
Section 2.46.130 Task forces.
Section 2.46.140 Non profit sector public arts projects
Section 2.46.150 Gits and loans of public art
Section 2.46.160 Gifts of state
Section 2.46.170 Other funding sources
Section 2.46.180 Public art in private places program.
Section 2.46.190 Amendments.
2.46.010 Commission establishment.
The City of Brentwood Arts Commission is established with membership,
powers, and duties as set forth in this chapter.
2.46.020 Powers and duties.
The Arts Commission shall have the general powers and duties as follows:
A. Encourages, stimulates, promotes and fosters programs for the cultural
enrichment of the City and thereby contributes to the quality of life
in Brentwood and develops an awareness in the business community, in local
government, and in the general public of the value of the arts in Brentwood.
· Publicize arts opportunities
· Encourage talent
· Interpreting the community’s diverse interests in arts and striving
to meet those needs
· Coordinating arts resources for the community and the artist
· Commissioning and placing of public art
· Promote art as a reflection of the historical nature of the community
· Elevate the City’s commitment to the overall enhancement of its cultural
life to co-equal status with recreation, planning, human services, youth,
· Provide expertise in the area of public art and in-depth knowledge of
the fine and performing arts
· Work cooperatively with the organizational structure of the City and
Department of Parks and Recreation.
· Act as a resource in areas related to public art and the arts in general.
· Serve as a review board for requests for funding from arts-related City-sponsored
· Oversee the development of a City Cultural plan.
B. Perform other related functions, which may come before the Commission.
C. Initiate, sponsor, or conduct alone or in cooperation with other public
or private agencies and/or individuals, programs to further the development
and public awareness of, and interest in, the fine and performing arts.
D. Solicit funding from private, state, and federal sources available
for the fine and performing arts.
2.46.030 Arts Commissioners.
A. The Arts Commission shall consist of no more than twenty-five (25)
members, all of which must reside in the Liberty Union High School District.
Of the twenty-five, (25) no more than five may live outside the city limits
B. The Commissioners should represent a cross section and distribution
of membership among the major art and cultural fields and at least 50%
of the members should be active in, but not limited to, one or more of
the following art disciplines:
Architectural arts, dance, art education, fiber arts, literature, music,
painting, performing arts, photography, ceramics, sculpture, murals, visual,
functional art, and crafts.
2.46.040 Terms of office.
A. The Mayor, with consent of the City Council, shall appoint commission
members for terms of up to three (3) years. Terms of members shall be
staggered so that no more than a majority of the commission expires in
any one year. The maximum term for any commissioner is three consecutive
terms (not to exceed 9 consecutive years). A one-year absence after serving
the maximum term is required before being reconsidered for appointment.
B. Members shall be subject to removal by action of the City Council upon
recommendation by a majority of Arts Commission members.
C. Each appointee to the commission, unless removed by City Council, shall
hold their offices until their successor is appointed.
D. Members shall be subject to removal by action of the city council without
cause, only at a regularly scheduled city council meeting.
Vacancies occurring during the term shall be filled for the unexpired
portion of the term. Vacancies shall be filled by nomination of the mayor
with approval of the city council.
A. The officers of the Arts Commission shall be a chairperson and vice-chairperson.
They shall perform all duties associated with such offices and shall act
as the executive committee of the commission.
B. Election of officers shall be held no later than the regularly scheduled
meeting of the commission in January of each year.
C. A nominations committee will be appointed at the regularly scheduled
meeting of the commission in October of each year. This committee will
present a recommended slate of officers for consideration at the regularly
scheduled meeting of the commission in November of each year, to be voted
on at that meeting.
Members of the Arts Commission shall serve without compensation, as such,
for their services but may receive reimbursement for necessary travel
and other expenses incurred on official duty when such expenditures have
received prior authorization by a vote of the commission.
The Commission shall prepare and submit a proposed budget to the City
Manager no later than March 1st of each year.
2.46.090 Annual report.
The Commission shall prepare and submit an annual report to the City Council
by February 15th of each year
A. Regular meetings of the Arts Commission shall be held on the fourth
Wednesday of each month except December when the commission will not have
a regular meeting.
B. All scheduled and special meetings of the Commission shall be publicly
announced, open to the public, and the proceeding of it shall be available
to the public. The chairperson may request the attendance at meetings
of any officer or employee of the City, in an advisory capacity, to assist
the Commission in its deliberations.
C. A quorum of transacting business at any regularly scheduled or special
meeting shall be fifty-one (51%) of appointed members of the Commission
in person. Approval of any business transacted shall require a majority
vote of the Commissioners in attendance.
D. If a member of the commission is absent without cause from three successive
regular meetings of the commission, the commission may request the city
council declare the position vacant. An absence may be excused if it is
due to illness or is unavoidable, and the member gives notice to assigned
city staff as to the reason.
2.46.110 Clerical assistance.
Clerical assistance shall be provided by the city to assist the commission.
Agendas will be provided a minimum of seventy-two hours prior to any regularly
scheduled meeting and include any minutes from previous meetings not approved
by the commission.
2.46.120 Staff Assistance.
The City of Brentwood Director of Parks and Recreation, or designee(s)
as appointed by the City Manager, will be the staff liaison(s) to the
commission. The staff liaison(s) shall work with the commission to effect
the goals of the commission.
2.46.130 Task Forces
A. The Commission may make a recommendation to the City Council requesting
the formation of a Task Force to address certain specified issues; to
function for a limited duration or purpose; and to operate solely in an
B. The Commission’s recommendation shall state:
1. the nature and purpose for forming the Task Force
2. the goal(s) of the Task Force
3. the reason(s) why the same goal(s) can not be accomplished by the Commission
4. the duration of time that the Task Force will function
5. the budget of the Task Force including , but not limited to, any monetary
and non-monetary resources being sought from the City of Brentwood
6. the number of individuals to serve on the Task Force
7. a proposed list of individuals interested in serving on the Task Force;
8. any other information deemed relevant and appropriate
C. The City Council may, by a majority vote, authorize and approve the
formation of a Task Force, which shall operate solely in an advisory capacity
and appoint the membership thereon.
D. The City Council may, by a majority vote, de-establish any Task Force
created pursuant to this Resolution
2.46.140 Non Profit Sector Public Art Projects
This section encourages service organizations to propose, finance, and
gift public art projects to the City and provides a review process to
ensure quality projects.
2.46.150 Gifts and Loans of Public Art
The ordinance creates a process or a formal review of the proposed gift
by the Arts Commission and its consideration of vital factors including:
· Artistic quality of the proposed gift
· Appropriate site
· Maintenance and installation costs and considerations
2.46.160 Gifts of State
Gifts from other governmental agencies and representatives: Gifts of state
are those gifts received from other governmental agencies and their representatives.
The ordinance calls for the Arts Commission to review proposed gifts in
order to recommend appropriate sites, installation techniques, etc.
2.46.170 Other Funding Sources
Other sources of funding in addition to public funds for potential City
public art projects. It recognizes that any proposed Annual Public Art
Plan may well include a variety of funding strategies including, but not
· Public funds (as outlined above)
· Private contributions
· Corporate sponsorships
· Matching gifts
· Development fees (if allowable and adequate)
· Outright gifts of actual public art
2.46.180 Public Art in Private Places Program
This section outlines the City’s approach to public art in private development.
The ordinance encourages private developers to include public art in their
This chapter may be amended in the same manner as originally adopted.